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2022-07-26 Work Session CITY COUNCIL WORK SESSION - AMENDED City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 26, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the July 12, 2022 City Council Regular Meeting 2. TM Crossing No. 5 Sanitary Sewer and Water Main Full Release of Easement No. 1 3. TM Crossing No. 5 Sanitary Sewer and Water Main Full Release of Easement No. 2 4. Final Plat for Pine 43 Animal Farm (FP-2022-0017) by J-U-B Engineers, Located at the Southeast Corner of N. Webb St. and E. Pine St. 5. Findings of Fact, Conclusions of Law for Centrepointe Mixed-Use MDA (H-2022- 0035) by Givens Pursley, Located at 3100 N. Centrepointe Way and 3030 N. Cajun Ln. near the southwest corner of N. Eagle Rd. and E. Ustick Rd. 6. Findings of Fact, Conclusions of Law for Ferguson Townhomes (SHP-2022-0007) by Mathew Ferguson, Located at 1335 NE 4th St., Lot 1, Block 1 of the Olive Dale Subdivision No. 1 7. Development Agreement (Ferney Subdivision H-2021-0103) Between City of Meridian and Franklin Storage, LLC for Property Located at Parcel S1109438871, Near the Half-Mile Mark on the North Side of E. Franklin Rd. Between S. Eagle Rd. and S. Cloverdale Rd. 8. Development Agreement (Grayson Subdivision H-2022-0014) Between the City of Meridian and MM&T Holdings, LLC for Property Located at 1710 E. Amity Rd. 9. Agreement Between the City of Meridian and TFC Ten Mile Mister, LLC for Use of Reclaimed Water for Landscape Irrigation and Automated Car Washing at the Mister Carwash site at 4891 N Cortona Way 10. Settlement Agreement for Firenze Plaza Sewer Line Construction 11. Approval of Design Build AIA Agreement with American Ramp Company for the Discovery Park Bike Push Track Design Phase for the Not-To-Exceed Amount of $71,500.00 12. Approval of Task Order 11230.F to Brown & Caldwell for Final Design of WRRF Aeration Basins 1-4 Retrofit and 9 & 10 Upgrade for the Not-To-Exceed amount of $1,540,630.00 and Authorization for the Procurement Manager to Sign 13. City of Meridian Financial Report - June 2022 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 14. Ada County Board of Commissioners: Ada County Proposed Impact Fees 15. Community Development and Public Works Department: Discussion of Potential City Code Update to Address City-Service Connections Outside City-Limits EXECUTIVE SESSION 16. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun Entered Executive Session: 5:05 p.m. Exited Executive Session: 5:41 p.m. ADJOURNMENT 5:41 p.m. Meridian City Council Work Session July 26, 2022. A Meeting of the Meridian City Council was called to order at 4:34 p.m., Tuesday, July 26, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Caleb Hood, Scott Colaianni, 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 go ahead and call this meeting to order. For the record it is July 26th, 2022, at 4:34 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Borton: Second. 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 and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the July 12, 2022 City Council Regular Meeting 2. TM Crossing No. 5 Sanitary Sewer and Water Main Full Release of Easement No. 1 Meridian City Council Work Session July 26,2022 Page 2 of 13 3. TM Crossing No. 5 Sanitary Sewer and Water Main Full Release of Easement No. 2 4. Final Plat for Pine 43 Animal Farm (FP-2022-0017) by J-U-B Engineers, Located at the Southeast Corner of N. Webb St. and E. Pine St. 5. Findings of Fact, Conclusions of Law for Centrepointe Mixed-Use MDA (H-2022-0035) by Givens Pursley, Located at 3100 N. Centrepointe Way and 3030 N. Cajun Ln. near the southwest corner of N. Eagle Rd. and E. Ustick Rd. 6. Findings of Fact, Conclusions of Law for Ferguson Townhomes (SHP- 2022-0007) by Mathew Ferguson, Located at 1335 NE 4th St., Lot 1, Block 1 of the Olive Dale Subdivision No. 1 7. Development Agreement (Ferney Subdivision H-2021-0103) Between City of Meridian and Franklin Storage, LLC for Property Located at Parcel S1109438871, Near the Half-Mile Mark on the North Side of E. Franklin Rd. Between S. Eagle Rd. and S. Cloverdale Rd. 8. Development Agreement (Grayson Subdivision H-2022-0014) Between the City of Meridian and MM&T Holdings, LLC for Property Located at 1710 E. Amity Rd. 9. Agreement Between the City of Meridian and TFC Ten Mile Mister, LLC for Use of Reclaimed Water for Landscape Irrigation and Automated Car Washing at the Mister Carwash site at 4891 N Cortona Way 10. Settlement Agreement for Firenze Plaza Sewer Line Construction 11. Approval of Design Build AIA Agreement with American Ramp Company for the Discovery Park Bike Push Track Design Phase for the Not-To-Exceed Amount of $71,500.00 12. Approval of Task Order 11230.F to Brown & Caldwell for Final Design of WRRF Aeration Basins 1-4 Retrofit and 9 & 10 Upgrade for the Not- To-Exceed amount of$1,540,630.00 and Authorization for the Procurement Manager to Sign 13. City of Meridian Financial Report - June 2022 Simison: First Item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session July 26,2022 Page 3 of 13 Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 14. Ada County Board of Commissioners: Ada County Proposed Impact Fees Simison: So, we will move on to Department/Commissioner Reports. First item up is Item 14, the Ada County Board of Commissioners,Ada County proposed impact fees and invite Mr. Rutherford up to the podium. Rutherford: Mayor, Members of the Council, thank you for having me. Steve Rutherford with the Ada County Commissioner's office. I have Leon Letson from our Development Services Department and our director Shawn Rayne. Hopefully we can answer all of your questions tonight about the proposed impact fees. We are back after a few months. We have got a revised CIP for the EMS impact fees. The old CIP referenced Station 7 and so we have generalized that a little bit and updated that CIP. Hopefully that was provided to you, so that you can see it. You all -- I guess in explanation, the county launched on our impact fees sometime ago. We have had a board change. Actually, we have had a couple board changes and so between working with the cities, because we have to get, you know, every -- every city on board and working with the new Commissioners to get them on board, we are -- we -- we have been at this a little while and you all got way ahead of us on Station 7 and 8. So, hopefully, this will take care of that. Again, we have revised that CIP as it relates to the EMS and I have Shawn Rayne here to talk to you about what's happening with seven and eight. I think you are aware, but I would like him to come up and tell you and, then, have him stand for questions as it relates to those two facilities. Rayne: Mr. Mayor, Members of City Council, thank you for having us out this afternoon. Chief Blume and I have been working on plans for co-location at Station 7 and Station 8. Many of you probably saw, I was out at the groundbreaking ceremony for Station 8 and got up and talked about the cooperative effort. Basically that the tenants behind the -- the -- there is a draft agreement that has been sent to the -- the City Attorney's office, but Meridian City Council Work Session July 26,2022 Page 4 of 13 basically what we are looking at is 750,000 dollars that would come out of my fund balance as it stands now that would go towards Station 7 and, then, another 750,000 towards Station 8. You know, the terms on the agreement we are still working through, but it -- it would basically be a -- kind of a long-term lease agreement over a period of time, ten to 20 years, that we would basically lease that space. But the -- overall, the idea is that co-locating with the fire departments is smart for us. It saves taxpayers money. Allows us to maximize those resources and it also improves the relationship between my department and the fire department. When we are living in the same station 24 hours a day, having meals together, responding on the same call together, logically our relationship just gets that much better. It's really a pretty simple agreement. We did base it loosely on an agreement that we have with the Kuna Fire Department. A lot of the things we were able to take out of there, a lot of the details that we needed for Kuna, so, it -- believe it's a fairly simple agreement. Mr. Nary would certainly know better than I am how simple it is, but -- and with that I would -- I would certainly stand for any questions you may have. Simison: Thank you. Council, any questions? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, does the structure work that if -- if this were to proceed and the city collects impact fees for these future stations, is that intended to replenish the funds provided for seven and eight? Rayne: Mr. Mayor, Councilman Borton. Yes and no. Not specifically for those to replenish the funds for those stations right now. We historically have had to save up fund balance to be able to do any kind of capital project. One good example of that is the station that we have at Ustick and Linder. Medic 36. That was paid by cash, you know, out of fund balance and -- and so as building costs have come up so much, it -- it's becoming harder and harder for us to save that kind of money to be able to build a station on our own and so that doesn't mean that we won't do that again in the future. I -- I think, you know, plans for further growth somewhere along the Kuna-Meridian -- Kuna-Meridian Road corridor out south would make sense for a station placement, since we do cover both districts. It minimizes the -- the risk of an ambulance being pulled from Meridian into Kuna and we do provide the transport service in Kuna now, which certainly helps from dragging a unit out of Meridian to go down to Kuna, so -- but more along the lines of planning for future growth, if that makes sense. Borton: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session July 26,2022 Page 5 of 13 Borton: Chief, I was just curious, you know, looking at the document you have provided us and showed proposed station locations. Does that station location take that into consideration or will there be adjustments by co-locating? Rayne: Yeah. Mr. Mayor, Councilman Hoaglun, there probably will be some adjustments just based on growth and where growth actually occurs. You know, initially when we started down this path, like Mr. Rutherford said, Station 7 we thought we might be able to include in -- in the impact fees and so that's why we had that -- that station identified as one of them. But just timing didn't workout and we do have the fund balance to be able to use to contribute towards those stations. So, you know, every -- every year we are going to have to look at that CIP and make sure that there isn't an additional area. There is an area that we have identified now where call volume is occurring where it hasn't historically and that's in roughly that Five Mile to Cloverdale along Fairview has become a bit of a hotspot there. We are seeing very different patterns in our response where we are responding to calls. Historically if we saw 10,000 people move into the City of Meridian we would see an increase in call volume in the core of Boise, but not necessarily a big corresponding call volume jump in Meridian proper. But that's changed. Ever since the pandemic we have seen a lot more growth in Meridian. In fact, that station at Ustick and Linder is now the second busiest ambulance in the access system. Probably the second busiest ambulance in the state of Idaho. So, things have really changed for us. You know, we do maximize our response pattern though. So, the -- the ambulance at Station 10, which is at Cloverdale and McMillan, most of the time that's going to be coming west into Meridian. So, even though it's a -- a station that's located in Boise, because we are a district that is the entire county, you know, those resources will certainly come into Meridian as often as we need them to. Simison: Council, any additional questions? Thank you. And I just want to say thank you for working with Chief Blume on finding a way to help get the service deployed as quickly as possible. Rayne: Yeah. Thank you, Mr. Mayor. Thank you, Council. Rutherford: Okay. Thank you. As it relates to EMS, unless there are other questions I'm happy to entertain any questions you have related to the other impact fees. Again, we have got jail that is in this for all county, including in cities and the coroner is also included. Relatively modest amount for the coroner, but -- but those are also part of our impact fees. And, then, of course, out in the county we are going to charge law enforcement for the sheriff's office like you all do for police. So, happy to answer any questions. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I haven't had a lot of time to look at the updated impact memo, just because it came like late this morning, but I did notice that some of the fees were not finalized yet. It looked like the coroner's office is TBD. I mean should we be ready to see an updated Meridian City Council Work Session July 26,2022 Page 6 of 13 version of this? What is your timing? Are these numbers finalized for the other impact fees? Maybe just an overview of where you are at in that process. Rutherford: Absolutely. Thank you, Councilman. If you want to put those up, Leon, we have those, they are finalized, Mr. Mayor, Council Woman Strader. Those are fixed. That attachment was something that Leon put together earlier, but now the --those are -- those are fixed. In fact, the coroner -- I was looking right before I got up here. The coroner's is 88 dollars per residential unit and four cents a square foot for nonresidential. Letson: Oops. Sorry. Also learning how to use the mic. Ada county staff is learning how to use your system here. So, one second and I will have those pulled up for you. So, to Mr. Rutherford's point, I think there is an appendix within the EMS CIP that says TBD on the coroner, but we actually have finalized the coroner's CIP and so I will show you the fee table here. It is shown -- hopefully you can see my screen here on page 13. So, it's a proposed 88 dollars per residential unit and four cents per commercial square foot would be the impact fee that we were collecting. Rutherford: Mr. Mayor, Council Woman Strader, as it relates to the other impact fees, Leon, in that attachment that -- that she mentioned, are those correct? Letson: I believe so. I would probably want to go double check the EMS CIP appendix to confirm, but other than the coroner, I think everything else had been solidified. But can take a quick look and confirm that for you, if that's the interest of the -- of the Council, Council Woman Strader. Rutherford: Mr. Mayor, Council Woman Strader, so I have 88 dollars per coroner for residential unit, 181 per -- per residential unit for EMS, and 715 for the jail. Letson: And -- yes. And looking at this Exhibit 4-1, that seems to align with what Mr. Rutherford said. The exception of the coroner and TBD is now, again, the 88 dollars per residential unit and four cents per square foot. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. In a rush I just wanted to go to the place where they were all together, so that's probably why we had a disconnect. I appreciate you walking through that. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Steve, if I remember from the last time that you guys were here, the impact fee for the Coroner's office is largely for vehicles. Is that -- am I remembering that correctly? Meridian City Council Work Session July 26,2022 Page 7 of 13 Because you have got the capital project that's already underway and funded, the intent is only use impact fees for vehicles? Has that -- has that changed or is that still the plan? Rutherford: Mayor, Council Member Cavener, largely correct. The new facility is not going to be funded with -- with impact fees. It's underway as you mentioned. There are things that we are shelling out in that facility that we may add, large equipment at some point to help them deal with the caseload that may be impact fee eligible, but it will be vehicles and big equipment for that facility. The facility is scheduled to be built and go online well before we have enough 88 dollars to make anything happen, but -- but I do think over the long term there will be parts of that building that are -- that are built out internal. Cavener: So, Steven -- and maybe that's a piece at least for me that I would like to get some more information about what the plan for that is. The -- the jail piece and there is a nexus there, I totally can get behind that and see that. Obviously, the work that you are doing for our county -- county only residents with the sheriff, the work here with the EMS, all those three it's easy for me to find that nexus. The coroner is the one that I'm just really struggling with to try and understand where that nexus lies and, you know, impact fees -- it sounds -- again, it sounds like that impact fees are going to be largely used just for vehicles and I -- I struggle with having an impact fee only paying for vehicles. If there is a larger capital plan for the space that you are building out, I think forecasting that to the cities would -- for me would be helpful. So, I'm just -- food for thought as to where I'm at and -- and where some of my questions are going to, is what are those added projects that you are going to need to rely on the impact fees to fund. Rutherford: And, Mr. Mayor, Council Member Cavener, I will get you that. Absolutely. Cavener: Thank you. Simison: So, Steve, maybe what --what is the --from where you are now, the time frame, your hope for implementation, when you will be asking the city to make final decisions on these issues? Rutherford: Yes. Thank you, Mr. Mayor. If you would permit me, I would turn it over to Leon. He is currently scoping that project right now. Letson: Yeah. Mayor, Council Members, obviously, to Steve's point earlier, we have got to get everyone rowing in the same direction, which has been -- the coordination of all the cities to make sure they are on board with us moving forward with this. Basically if we have the green light to move forward we will be submitting application to our Development Services Department, scheduling that for hearing hopefully in September with board adoption in November would be our goal. So, based on the advice of our legal staff we kind of need to have this adopted and solidified before we go to our city partners and ask you to adopt it. But we will be working with you and your legal teams in advance to scope out inner -- those interlocal agreements, perhaps share language on the ordinance language that we are using. You know, obviously, at the end of the day you get to adopt Meridian City Council Work Session July 26,2022 Page 8 of 13 whatever ordinance for your jurisdiction language wise that makes sense, but key elements of that we will be sharing early. So, again, our adoption, hopefully, in November and as quickly as jurisdictions can make it through their system. Obviously, I believe it here would be a stop at your P&Z and, then, a final decision by this group. So, probably another three to four months after that. So, early 2023 everyone would have this adopted and everyone would be collecting those fees. That's where we are -- we are looking right now. Obviously, we would love to have had this happen about a year and a half ago and it's just been a lot of these discussions that we had to get in the right place to make sure everyone was on board. Simison: So, plenty of time to get more questions answered is what I heard, if necessary. Okay. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, like we have done our -- our parks and police and fire impact fees, if understand that process right, you will adopt the capital improvement plan that incorporates each of these elements, will be presented the maximum allowable impact fee that we could impose and, then, we could -- in each city could independently choose to do less than the max, perhaps exclude one of them. I know that's not the intent, but that decision also can happen city by city? Rutherford: Mr. Mayor, Council Member, Borton, yes. And that's where -- that's where it gets a little bit tricky; right? If -- if we recover less, you know, the Capital Improvement Plan kind of falters. So, that's why we are spending so much time trying to kind of cement everyone into the numbers and the projects and the plan we have, because that -- it kind of tips it over if we have cities collecting different amounts. Borton: But you are -- but -- Mr. Mayor? Simison: Councilman Borton. Borton: I mean your plan is the same. You have the same capital needs for the county as a whole, regardless of whether you have a funding source from the city. I mean it might be nice -- I don't know if you are allowed to do this, but if, you know, one city participates and another doesn't, that -- the city that participates and the residents are paying those impact fees, that perhaps the location of a facility might be there, as opposed to a different community. Rutherford: Mr. Mayor, Council Member Borton, the direction we have got from our board is they want the cities to all agree and stack hands and so we haven't left anyone in the dust. The city of Boise had some demands as it related to affordable housing and we spent a lot of time talking about how that looks and it's still -- still not really clear, although I think it's clear enough that we can start drafting, but the idea is really to kind of get Meridian City Council Work Session July 26,2022 Page 9 of 13 uniformity, realizing that you all have absolute authority to --to say no or yes or something less. Borton: Okay. Great. Thanks. Simison: Council, any additional questions? Okay. Thanks. Thanks, Steve, and if you need to come back before for an update, please, let us know. Otherwise, Council may not see it until it comes through our process, so -- Rutherford: Thank you, Mr. Mayor. And, Council Member Cavener, I will get you that information. 15. Community Development and Public Works Department: Discussion of Potential City Code Update to Address City-Service Connections Outside City-Limits Simison: Next item on the agenda is Item 15, Community Development/Public Works Department, discussion of potential city code update to address city service connections outside of city limits. It looks like I will turn this over to Mr. Hood. Hood: Thank you, Mr. Mayor, Members of Council. I drew the short straw on this item, but have been working in a small team with Public Works and our Legal Department. I wanted to have a discussion, although in the packet for you today is an initial draft of some proposed language that could amend in a future agenda, Meridian City Code Title 9-1-16, which relates to water provisions and 9-4-26, really very similar language relating to sewer provision. And the -- the part of those sections of our code about requiring connection to city services when you are annexed or outside of the annexation process. Within each one of those sections I just mentioned there are two processes or two conditions, if you will. One is when someone petitions the city to connect with no change of use or development proposed. So, I think the most common case is when ACHD is doing a roadway widening project and someone's septic tank is in the way. They need to likely rebuild that septic system or hook up to our system and we would rather have them hook up than rebuild a septic system if we can provide that service. So, the property owner isn't proposing to develop anything or change anything, it's something else that comes up and an emergency or a safety concern arises and they would like to hook up and not annex, because they aren't developing and, then, the second one is requests that are proposed so property can intensify or develop. So, this is going through the county and county development usually, but city services are nearby and they would like to use our services, but they are not quite contiguous to city limits, so they are not eligible for annexation, sewer and water are just over there and we can bring them here, but we are not -- by statute have the ability to annex the property and -- and the first process works okay and -- and it seems to make some sense. The second process where there is development associated with that request is where we have some concerns and run into some issues sometimes and that's largely why we are here today is to talk to you about that and a potential change. So, again, been working pretty closely. So, I think at this point I'm just going to read to you a couple few paragraphs from -- from the packet. It's Meridian City Council Work Session July 26,2022 Page 10 of 13 -- it's not very long, but I think just so I don't miss anything. In the current process for both of those requests an applicant submits a written petition to the Public Works Department to connect to services. The Public Works city engineer models the request to determine if services could be provided. Other city departments mine, usually Fire and -- and Community Development are the -- the main ones -- are informally asked for feedback if the proposed use increases, intensifies or -- or redevelopment purposes. However, review of these projects for compliance with city standards is not always comprehensive, certainly not as comprehensive as it would be if it were a formal development application that were submitted to the city. So, couple that with -- that -- that we don't actually have a full submittal to the city with our requirements, the county's codes are -- are just different than the city's and many times the city's development standards aren't proposed by the developer. They are developing in the county, not the city, so that makes some sense. The county's codes aren't the same as the city's, so our landscaping requirements, pathway requirements, streetlight requirements, sidewalks design review standards are -- are different. So, while -- while some of that -- the need or the conditions may be included in the agreement that the city enters into with someone petitioning us, not all those things can be or should be included in a service agreement. So, the -- the real impact -- there is a couple. We -- we focused in on the fiscal impacts primarily. So, the -- that review and the coordination and the communication that happens at a staff level, is all done without any review fees being paid by an applicant. Not a big deal, but there are paying customers that we --we --we deal with and we tend to give them more service and so it is just something done when we can fit it in and -- and try to coordinate. For development projects in the county, the city loses out on fire, police, and parks impact fees. Yet, with the interagency agreements it's likely that if there is an emergency city resources will be dispatched to the property. So, like I said before, most of these requests come in when city limits are just there. So, you -- you typically have our police that are doing patrol in the general vicinity. Fire stations that are generally nearby. This -- this becomes combined as a lose-lose, basically, for the city where the property owner doesn't pay any property taxes over time, because they are still in the county, we lose out on the impact fees, development review fees, yet our fire and police are likely the first to respond. Further that with your -- they are responding to a project that likely isn't even built to our standards. So, there -- there really are kind of death by a thousand cuts, if you will, on a project that may or may not even be built to city standards consistent with our Comprehensive Plan that we are responding to in the case of an emergency. So, in summary, there are -- there are very few, if any, reasons why providing city services to facilitate development projects in the county is in the best interest of the city. Therefore, city staff would like to amend current policy to further clarify that development in the county with city services is highly discouraged, but when appropriate, like in the case of emergency for an existing use, a clear and concise process to request services is available. As I mentioned at the top, there are some underlying strike through draft provisions that Mr. Starman has put together, again, in consultation as a small team and just wanted to start that conversation there with you all to see if -- what's your -- your take on where this may be headed and I will stand for any questions you may have. Simison: Thank you, Mr. Hood. Council, questions? Meridian City Council Work Session July 26,2022 Page 11 of 13 Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Just a comment. I thought the bright line principle you are trying to promote is really a wise one, discouraging an ask and determination up here I think is helpful. So, applicants know on the front end that we are not encouraging or even allowing perhaps this type of service outside of city limits. To be really clear early so folks know. Sort of the gist of what I think you are asking, to bolster the language so we have got clear language on the front end of what our policy is, which seems to make great sense. never really understood outside of the emergency context why we would ever want to encourage folks to -- to try and do that. So, I think you are -- what you are doing makes great sense. Hood: Mr. Mayor? I know there wasn't necessarily a question there, but, Mr. Borton, you know, I think the intent when we modified that was to not encourage the use of city services outside, but there may be a case where it is appropriate and not an emergency situation. It seems like we are getting more of them than we anticipated. You know, maybe one every few years or so and now we are getting multiples every year and it's like that's more than -- we thought we would leave the door open a crack just for that one project where it made some sense and now it's like, oh, I can go ask the Council for those services and still do it in the county and so we are kind of getting -- I don't want to say inundated, it's not that frequent, but it is multiple a year and so that's why we kind of want to back off that and go, you know what, this isn't the best practice and to further that thought even more, if we did have the Apple or Microsoft or whatever that -- that thing is where it made some sense, we could modify the code back and say, you know what, we changed our mind, we do -- we are okay with -- not that we would do that necessarily, but you have that ability as a Council to change this back. If this doesn't work we could go to something different. But I appreciate the comments and we think we are on the right track, too, again, with not encouraging it and even going further than discouraging it, prohibiting it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I --just to respond to that, I mean I would hope future councils are really principle based and it's incredibly unfair to the existing taxpayers to make those exceptions. No matter how attractive a project might look, it doesn't make financial sense to start making those exceptions and so I wouldn't even leave that door open. I don't think we would ever entertain changing it back. This makes perfect sense to me. I think you are on the right track. If there is an emergency at a small residence that's not changing we could talk about it, like in the instance of the septic tank example, but this seems like the right -- the right track. So, I appreciate you pursuing this. Simison: Council Woman Perreault. Meridian City Council Work Session July 26,2022 Page 12 of 13 Perreault: Thank you. I agree with my fellow Council Members that I think formalizing a process in this situation is very wise. It not only gives clarity to the public, but clarity to our own staff and city about what the expectations are as far as the how -- how it's handled. So, I appreciate that. One quick question for you. So, you had mentioned there not being a fee charged to review a request. Is there a reason why we wouldn't do that or can you share more about the thought process on that? Hood: Mr. Mayor, Council Woman Perreault, you know, I don't think -- it's just never really come up. Certainly it's not an issue in those cases of an emergency, because there isn't any development proposed, but in the case of some of these that are coming through the county, it's part of our Title 9 agreement with the county, they just transmit to us their projects and it's just part of what we do for them or with them is review that. So, we don't have a mechanism. I guess we could explore, similar to us potentially collecting impact fees on their behalf, we could ask them to collect a project review fee on our behalf for a project that we review in the county, but, you know, up until last few years it really hasn't been much of a problem. We will get half a dozen of -- half a dozen requests a year, can respond back to the county, it's not a huge time sink, but we are getting more and more of these and they are complex a lot of times. So, it just really hasn't ever come back up and it really doesn't -- hasn't risen to the level of where we thought we need to recoup those costs. Simison: Council, any additional questions on this item for staff? Mr. Hood, do you think you have enough direction? Hood: Yeah. Thank you. Simison: All right. Thank you very much. Unless Public Works has anything that they would like to add. Okay. All right. Thank you. EXECUTIVE SESSION 16. Per Idaho Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated Simison: So, with that, Council, we will move on to Item 16, Executive Session. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session for Idaho Code 74-206(1)(f). Borton: Second. Meridian City Council Work Session July 26,2022 Page 13 of 13 Simison: I have a motion and a second to go into Executive Session. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, yea; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:05 p.m. to 5:41 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor, I move we come out of Executive Session. Borton: Second. Simison: I have a motion and a second come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it. We are out of Executive Session. MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor, I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The eyes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) By Brad Hoaglun, Council President 8-9-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the July 12, 2022 City Council Regular Meeting Meridian City Council July 12,2022 Page 33 of 33 MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 7-26-2022 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: TM Crossing No. 5 Sanitary Sewer and Water Main Full Release of Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-066865 BOISE IDAHO Pgs=1 BONNIE OBERBILLIG 07/27/2022 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0146 TM Crossing No. 5 Sanitary Sewer and Water Main Full Release of Eaement No. 1 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: SCS Investments LLC DWT INCLUDING SUCCESSORS AND ASSIGNS Investments LLC and BVB Ten Mile Crossing Annex LLC WHEREAS, by easement dated August 24, 2021 and recorded as Instrument Number 2021-1266922 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 26th day of July 20 22 CITY OF MERIDIAN Robert E. Simi M 7-26-2022 SEAL Attest by ris Johnson, i y Clerk 7-26-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 7-26-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. C HARLE N E WAY COMMISSION No. 67390 Notary Signature 3-28-2028 NOTARY PUBLIC My Commission Expires: STATE OF IDAHO Version 01/01/2020 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: TM Crossing No. 5 Sanitary Sewer and Water Main Full Release of Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-066866 BOISE IDAHO Pgs=l BONNIE OBERBILLIG 07/27/2022 08:07 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0147 BVASB Ten Mile Retail Food Building,LLC Sanitary Sewer and Water Main Easement No. 2 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: BVASB Ten Mile Retail Food Buildin_gLLC, INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated August 24, 2021, and recorded as Instrument Number 2021-126729, in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this—26th day of_July_, 2022. CITY OF MERIDIAN Robert E. Simiso—n,—Mayor 7-26-2022 aWE""1D"IAN Attest by Chri ohnson, 7-26-2022 STATE OF IDAHO, : ss. County of Ada This record was acknowledged before me on 7-26-2022 (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 CHARLENE WAY My Commission COMMISSION No. 67390 Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Final Plat for Pine 43 Animal Farm (FP-2022-0017) by J-U-B Engineers, Located at the Southeast Corner of N. Webb St. and E. Pine St. STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 7/26/2022 Legend DATE: t 0 Project Location TO: Mayor&City Council ff IPIF31 R-40 I-L FROM: Joseph Dodson,Associate Planner R-8 RUT R-15 208-884-5533 IM LS O SUBJECT: FP-2022-0017 L-O Pine 43 Animal Farm FP LOCATION: The site is located at 2145 E. Pine 1=L Avenue and 650 N.Webb Avenue, at the C-G southeast corner of E. Pine and N.Webb, I-L RUT C-G in the NE 1/4 of the SW '/4 of Section 8, C.y C. C G Township 3N., Range IE. R-15—RUT rR7FTC=C_ I. PROJECT DESCRIPTION Final Plat request for 2 commercial building lots on approximately 6.99 acres of land in the C-G zoning district,by J-U-B Engineers, Inc. II. APPLICANT INFORMATION A. Owner/Applicant: Justin Touchstone,Hansen-Rice— 1717 E Chisholm Drive,Nampa, ID 83687 B. Applicant Representative: Terry O'Brien,J-U-B Engineers,Inc.—2760 W Excursion Lane, Ste. 400,Meridian,ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(Pine 43 AZ,RZ,PP,MDA—H-2017-0058)as required by UDC 11-6B-3C.2. The submitted plat includes one less buildable commercial lot for the subject area as was approved with the preliminary plat. Furthermore,the submitted final plat will correct the illegal subdivision currently in place for these lots. 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. Page 1 V. EXHIBITS A. Preliminary Plat(date: 8/28/2017) .�.�. N�I1SeP1•C�� I l, rT. I �M, Hmyi'te� Ili rrvuw�w! n -•�- - I '-ri 'rT, nn- � ___ r .-i1���S g11Fl 1 d - - - •i '- i --- I' .. '.' rP i�i Illli•V'I �' -I ' -- S 1 -- —,' -.. i :-� I lldr•I and i.' - - r - { - - 'ailf]NPI Yill+V { {j; ., I.�F�� _ Y_['S:'x]^x•1 i cz.�,'1 � T R ^f iAMy ni®�®�� sd���yY�§�� p�_� n?��� � @$9�Y°•�S�F"5p�i if°�a��'� -- tliig�A�gYA $ €9V phoRC� N�i�$°� IP # exnag ff� "�>°$ynAq } R t� 'il g 4 y4 95 u rU Ail£9 9 9 9 9 t ..5 f�"•r �. '��- �' v c i 3 3 i 3 �7 1' �1• .. n s 5 tEusad "kS Uk PINE42 SUBDI ISION Mr. .w-E3 FkMNEEas,iwc. - ^1 ' MERIDIAN,IDMO _ Y 2sa S.E3ee<.nNood n- s l Brae xai 11 o F - ewe.,to�aToe•avas R 9p�MMRY ANE]PPAIEi rINFDPMATION - _ Page 2 I y 'ry+�r���nr rrnrr�rwrnrrrrntiwvF:lMil.YiflsY�ViMNti%iPYYYVwfrwiii�Yriivl'.:�� -_____________-_____ri_�a�__�____r_��___��i_sx xr-»tr xrrrxrn HER f I �x r` k Y 4 . e � a � I a + - I Page 3 B. Final Plat(date: 6/30/2022) PLAT OF PLAT BOOK PAGE 6 5 PINE 43 ANIMAL FARM SUBDIVISION SITUATE IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, ] a TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN sECTIDN cDRNER CITY OF MERIDIAN,COUNTY OF ADA,STATE OF IDAHO LEGEND 3-INCH EPASS c [5291] 2022 -SUBOWI510N BOUNDARY UNE LIEF z6m-Das]66 POT OF 00ENCEMENT LOT UNE IN MM -RIGHTON UWAY NNE S-U NE LL ,� - - -CENTER NNE LINE TIE ONE IfH111Y EASEMENF LINE(SEE ESMT NOTE 4) N z _ CENTER OVARIfR CORNER _,--,_,- _RECIPRL AC0.3 EASNAENf(LINE(SEE ESMT NOTE 6) 2-I/2-INCH ALVM CAP[]GBD] ] 5 --- CP&F 20+9-055315 6--- SBY54'S]"E 2649.69' -SECTION CORNER ___ ___ ___ ___E,PINE AVENUE ! SOP37 t21V _pVAgTER SECTION CORNER PDPJI 51,00' 72.845 BEGINWNG 7'S 6'45'w S&T04'GD"W$81.35' [b431 CENTER pVARIER CORNER -- -'-- '--'--'- -- -- ------- - d -SET 1�2-INCHv 24-INCH RESAR WRH OVARIER EC -'- 58454'OOIt' PUSTfC CM MARNfD"HB PLS 1]6S5' 3-INC ID7115O]25*[ 9t] [ ) ___-_____-.-- - ----_—--_-________________ 534.G3' Ff PUST 8-I�NCH�N4mINCH REEL—W 6 CPAF 5 4431 --` B 1 O -SET 1F2/56J--U-BINCH 1]665'BRASS PLUG IN CONCRETE STAMPm- 0.00�0[1]665] # ® -SET 1/2-INCH 24-INCH REa4R WITH —C I—MARNF]1°JVB ESMNT PL9 17666- I ♦ -PDVNo 1/2-INCX R£BAR AS' FDVNO 5/8-1NCN..AS NOTE 1 IW31] �` BLOCK 1 _ a / -FOUND MO J—PS NOTED SO6'23'33� 7 -OIMI]tlSTON POINT-NOT SET OR muND CIJ J COLIM NUMBER(TYPIUL) uNE'OF—NUMBER(TPICAL) C10 ¢ h -LOT NUMBER(TY%CAL) NOMEER FOUND ON MONUMENT - --� COUNTY RECORDS ORAL -OFF——OROS OF POA COU— LKE\ n NG—[ Ek_RELTPR SEE ESMT ACCESS NOTE 8. ���.N, TNb1, a 53P3558-E E45EMENT.SEE d 3\53' � e wH�n sz.w S g uHs4 B eVry o m4 p 1 F 1 11 BLOCK 1 2 mOtl T2B9o' x2'axT 0 so 12D ~ SCALE IN ET IIII m a°wEH AE uI"5� WC7:EAR"N Et NOT FOR RECORDATION s 76.5 9 SN9'55'43'E 4E3,58' Or NP(m' 1 g ! LAYNE INOVSIRIAL PARK DMSI N J SEE SHEET FOR NOTES, 600K 69 UT OF PS.PPGES 71+3 PNO 711 -W NGa,ACR Gl�o b_.L 1BfINEER9,INC EASEMENT NOTES,REFERENCES, nwwea AND SURVEYOR'S NARRATIVE r .mlu°i mD S721 Of< Page 4 N�icm ;D P m �4 m N > w N Z mN�N T N a m ��m�c�a gA ano mo AA9 m N N N0 s Z Nm A �zm� m i m2 o Foz ; ~6 om g5o gg O i�mN 0 '^ 7a MME! go `H €m Ny `�o aio $ A a m CCa g' U _ 09 m og a o m Nm aoo f�miig m o mi H 10, a m� z o6- 0 6a ?� T o Oo Bm $fig m s.g Y S ahA � *m f F Amm z m SOZ0 f o 8 � m O N= OgSOO9m g C O VOI Z.:� o e A2� O W c e o >� =68AZ2 >0> o L ZD �yyD�O+OIA A m m O.li O ?ZFvJAK1m�ymmA N laym2 AAO D y mMN O'0 D g g�L N DA zZOCm g Y r m � D ° 3 N N w N m N ' c„'> =�€moN po��z�C� Czizu � al 2z { oN ` im MgNzMigE o m m."M s gb 5 ,o fn � F, o Ao Z <A 6,X 0 o Z o 0 0 �ji9 z O o � ATV � 4 w0, 62 N �f -OKo 6T, � z zo os mO m o o � =A �y mA ORS!H! Z . 0 9;Q s�?sm ' q N01.'�` oo S=N o !ten Z Rg- �F'ig N COOm SO y O O A. O m= K I � mom= Ng56 0 _ f $� miq A 5 F oAYo �oi O C c'm '29f O zo� n F ; m� noc 0 D Oro g c oo g m I � o � boo Oo -19�A t m m o UP m 3' m N 2 T m GV N O u A Page 5 C. Landscape Plans (date: 5/25/2022) Ir q fir CR E f 4 } fill Cr Sri R x— I = � I •rf ; I f I I / I a e I 7 7 . _ I ----- - - ----- -- - - - -- k. 4� i mR F ;Q3ji !4 p '1 afRi`iFN.Gisl�i ' aei Page 6 l I i I l i f �,�RH i E •'I I ! � I � I I €i 1 I I i h f I I I i i i — x P1AH�AREA 1 r__________________________I_________- Liar _�-�...<-. _+�--�_-__ 1_ _- _____ _ �•_ ' ^}-� � 1T�[I IKI _ _ �'• '' NRaSEHS16E .� .�.— ._ a ~` '�; ----- .r•':"�% .o°� i ....�..., _ — I a I I I ofC •` I I I i I LAHRSCnf4 f.MIERNLS LLGLNfI: \J I n,FWD O I zoo a of I p I I � I I I I of i - oi I I I O I I I I I I R x ___________________________ _____J i L102 Page 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-2017-0058 (AZ,RZ,PP,MDA), DA Inst. #2018-000751. 2. The applicant shall obtain the City Engineer's signature on the final plat by June 8,2023, within two(2)years of the date of approval of the last final plat signature(Pine 43 Subdivision No. 2)OR within two years following the Pine 43 phase 3 final plat signature not yet recorded(FPS-2022-0023), 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 J-U-B Engineers, stamped on 06/30/22 by Timothy Harrigan, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Correct note referencing the DA instrument number to reflect the correct DA(2018- 000751). b. Note#6: Include instrument number. c. Depict and label the required landscape street buffers to E. Pine and N.Webb on the plat as required in the UDC for commercial properties, even if they are existing. 5. Prior to City Engineer signature on this final plat,revise the landscape plans shown in Section V.C,prepared by South,Beck&Baird, dated 5/25/22,as follows: a. Depict existing landscaping that is within the boundary of the subject final plat in addition to the proposed new landscaping. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS SITE SPECIFIC CONDITIONS: 1. Fire line located at the NW corner of building- The jurisdictional valve for the fire line must be down stream of the hydrant. Fire lines are private but hydrants are public. 2. 20' easement is required for water main and fire hydrant. Easement to extend 10' beyond hydrant. 3. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. 4. On the Landscape Plans it appears that there are trees that would be inside the easement for hydrants. Adjust these accordingly. 5. Fire flow was modeled at 1,500 gpm. If more flow is required contact Public Works. 6. Flow is committed for Waste Water. 7. Commercial sites require 6" sewer service line. Page 8 8. Ensure no sewer services pass through infiltration trenches. 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 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Page 9 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-413. 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 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 Page 10 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 11 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Centrepointe Mixed-Use MDA (H- 2022-0035) by Givens Pursley, Located at 3100 N. Centrepointe Way and 3030 N. Cajun Ln. near the southwest corner of N. Eagle Rd. and E. Ustick Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION&ORDER i In the Matter of the Request to modify the existing development agreement(Villasport,Inst.# 2019-060877)for the purpose of updating the concept plan and provisions to construct a mixed-use development consisting of commercial space and a multi-family development in lieu of an athletic club/spa and commercial building on 11.17 acres in the C-G zoning district,by Givens Pursley. Case No(s). H-2022-0035 For the City Council Hearing Date of: July 12,2022 (Findings on July 26,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of July 12, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 12,2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of July 12, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 12, 2022, 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(Centrepointe Mixed-Use MDA—FILE#H-2022-0035) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 12, 2022, 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 July 12,2022, 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(Centrepointe Mixed-Use MDA—FILE#H-2022-0035) -2- 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 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of July 12,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Centrepointe Mixed-Use MDA—FILE#H-2022-0035) -3- By action of the City Council at its regular meeting held on the day of , 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-26-2022 Attest: Chris Johnson 7-26-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-26-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Centrepointe Mixed-Use MDA—FILE#H-2022-0035) -4- EXHIBIT A STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 7/12/2022 �R�8 Legend � 0 DATE: ��j�Project Location =15 R-4�- TO: Mayor&City Council ).4,' mu �� � C-1 FROM: Joseph Dodson,Associate Planner � R=8� R-3 208-884-5533 , C-N SUBJECT: H-2022-0035 -RUT 11 RI R- CT Centrepointe Mixed-Use MDA R 15 R 15 RI 8^ ;R $V R-15 LOCATION: Project is located at 3030 N. Cajun Lane RUT and 3100 N. Centrepoint Way,near the RI R'-2 R-8 RUT- southwest corner of N. Eagle Road and ® R1�R-2� g ®R_I-4 Ril E.Ustick Road, in the NE 1/4 of the NE R-8 R' R-4 1/4 of Section 5, Township 3N,Range R-2 KI R-40 lE. RUT RUT C-G I. PROJECT DESCRIPTION Request to modify the existing development agreement(Villasport, Inst. #2019-060877) for the purpose of updating the concept plan and provisions to construct a mixed-use development consisting of commercial space and a multi-family development in lieu of an athletic club/spa and commercial building on 11.17 acres in the C-G zoning district,by Givens Pursley. II. APPLICANT INFORMATION A. Applicant: Kristen McNeill, Givens Pursley-601 W Bannock Street,Boise, ID 83702 B. Owner: Mike Maffia,MGM Meridian,LLC-5 Naranja Way,Portola Valley, CA 94028 C. Representative: Same as Applicant III. NOTICING City Council Posting Date Legal notice published in newspaper 6/12/2022 Radius notice mailed to properties within 500 feet 6/10/2022 — Page 1 Public hearing notice sign posted 6/17/2022 NextDoor Posting 6/10/2022 IV. STAFF ANALYSIS History The subject application encompasses two(2)parcels surrounding the southwest corner of N. Eagle Road and E.Ustick Road. These parcels were part of a Development Agreement Modification and Conditional Use Permit(CUP) application in 2019 that removed the subject parcels from an existing Development Agreement(DA) for the purpose of entering into a new DA with a new conceptual plan and building elevations (H-2018-0121,DA Inst. #2019-060877) and a request for a new athletic club and spa(indoor recreation facility),Villasport. The CUP approval for the indoor recreation facility has since expired and the property has been sold to the current owner.Therefore,the current DA contemplates a use that would require a new CUP approval and is under new ownership that has a different vision for the property. Development Agreement Modification& Comprehensive Plan The approved DA(Inst. #2019-060877) depicts an approximate 90,000 square foot 2-story gym with an outdoor pool adjacent to the south boundary and the existing residential development to the south and included some ancillary commercial along Eagle Road. Furthermore, a Traffic Impact Study (TIS)was required as part of the previous approvals and estimated approximately 3,213 additional daily trips in 2018. This volume of trips recommended certain roadway improvements including construction of an eastbound right-turn lane from Ustick Road into the shared private drive aisle this drive aisle is technically unnamed as it is a commercial drive aisle but it is essentially an extension of N. Cajun Lane from the south. The right-turn lane and internal drive aisle connection to Cajun Lane is constructed and fully functional to date. Through the subject DA Modification,the new owners are proposing to terminate the previous DA in order to enter into a new DA consistent with a new concept plan and associated provisions for a mixed-use development consisting of multi-family residential and commercial space. Specifically,the Applicant's narrative states the inclusion of 259 multi-family units and approximately 9,600 square feet of commercial space on the existing 11 acres in the C-G zoning district. The submitted concept plan is more detailed when compared to most concept plans submitted with DA Modifications. The Applicant chose this option to provide the City Council and Staff with as much detail as possible to ensure Staff more analysis on the proposed project. Before getting into the details of the submitted concept plan and perspectives, Staff finds it necessary to analyze and discuss the project in a broader scope, specifically how it relates to other development in the area. The subject site is designated Mixed-Use Regional(MU-R)on the future land use map and is part of a much larger area of MU-R along the Eagle Road corridor that includes The Village, Regency at River Valley apartments, as well as multiple other commercial users and a large undeveloped area. Specifically,within the MU-R area in this southwest corner of Eagle and Ustick, there is the Jackson Square development and commercial buildings to the south and on the hard corner to the northeast. The Comprehensive Plan discusses that projects should not contemplate uses across arterials even if they share the same future land use designation as it is not anticipated for users or residents to readily walk or bike across these transportation facilities. However, Staff finds it prudent to analyze all projects in this area with at least the four corners of development around the Ustick and Eagle intersection because, in reality,the transportation impacts and expected users will come from and go beyond just the southwest corner of this intersection. To the north are a number of big box stores(Kohl's,Dick's, and Hobby Lobby)and the new Brickyard vertically integrated development;to the north east is Lowe's and various other Page 2 commercial and restaurant buildings;to the east is Trader Joe's,multiple restaurants, and the Verraso townhomes; and to the southeast are traditional garden style apartments,restaurant users, and the Village. In terms of the ratio of commercial to residential within this area,there is currently a healthy mix of commercial and residential uses within walking distance of each other. Consistent with this discussion, Staff finds the addition of the proposed multi-family development and additional commercial pad sites would offer residential to support the mix of commercial uses in this area. Therefore, Staff believes the proposed project is generally consistent with the MU-R designation because the subject MU-R area currently consists of a number of retail,restaurant, office, and residential uses available to the region and the addition of these units should not over saturate this area with residential. Concept Plan The submitted concept plan(Exhibit VI.B below) depicts five(5)multi-family buildings with internal access(not garden style apartments)and two commercial buildings—the multi-family is split into three (3)4-story buildings on the larger area of the site west of the Cajun Lane and two (2) 3-story buildings between the two commercial buildings Cajun Lane. The submitted plan depicts at least a 25-foot landscape buffer along the entire perimeter of the site except for the southeast area of the site that abuts commercial uses. Further, it appears no building is proposed within 150 feet of the existing residences to the south of the site and includes the 25-foot buffer, carport parking, a drive aisle, and surface parking between the proposed 4-story apartment buildings and the existing homes. For comparison,Villasport was approved approximately 65 feet from the existing homes. Staff finds this separation should significantly help mitigate any issues with the height disparity of the existing two- story homes to the south and the proposed 4-story buildings. The Applicant has provided a perspective drawing from the intersection of Centrepoint and E. Picard looking northeast to help show the view from the street(see section VI.B). Overall, Staff finds the proposed layout to be an efficient use of the space for the proposed multi- family use and provides for the safest access available. However, Staff does have concerns with the viability of the proposed open space to meet code requirements and the design of the southeast portion of the site.According to the specific use standards for multi-family development(UDC 11-4- 3-27), common open space may not be counted towards the required minimum when it is adjacent to arterials unless approved through the CUP process. Therefore,the proposed open space shown may not all be qualified open space if Planning and Zoning Commission do not approve it in its current location. This is concerning because if the Commission does not approve it,the proposed site plan and open space will not comply with the minimum open space standards and major revisions would likely be needed or a relatively major reduction in units would need to occur to reduce the amount of qualified open space needed. Staff s other main concern is in regards to the southeast area of the project that depicts two commercial buildings and two multi-family buildings. The required landscape buffer to Eagle Road is 35 feet and the concept plan depicts a 25 foot buffer instead. In addition,the color concept plan depicts the multi-use pathway segment required within this buffer to be completely out of alignment with the two existing segments to the north and south. Because the design for the commercial and drive-through is shown to be directly abutting the 25-foot buffer,the Applicant will need to shift the entire commercial site west at least 10 feet to comply with UDC requirements. Furthermore,the Applicant will need to extend the multi-use pathway from the existing locations on their north and south boundary and place this pathway within the landscape buffer and not within ACHD right-of- way as currently shown. These required revisions would likely create a need to redesign this area of the project because there will be a reduction in the area available for parking, open space, and circulation. Therefore,to help Page 3 mitigate this,and potentially increase the available commercial area, Staff has specific recommendations to City Council to revise the concept plan prior to the Council meeting: 1. Increase the Eagle Road buffer from 25 feet to 35 feet to comply with the UDC. 2. Continue the multi-use pathway in alignment with the existing locations stubbed to the north and south property lines. 3. Continue the pedestrian network shown along the southern boundary to connect from the west half of the site to the multi-use pathway along Eagle and provide for a connection from the commercial building sidewalks,consistent with code. 4. Remove one or both of two 3-story multi-family buildings or reduce their size to a point that allows more commercial space,more parking, and a plaza that can be more directly shared between the 3-story multi-family buildings and the commercial or the 4-story multi-family and the commercial—there are a number of ways this could be accomplished but Staff is recommending the following: a. Remove building D in lieu of a larger shared plaza in its location. b. Reduce or remove the plaza area currently shown as the noise and smell from the Eagle Road traffic largely reduces the appeal of outdoor seating along this corridor. c. Increase the size of the retail building for added commercial space. With the recommended revisions,the density can be slightly reduced which also reduces the amount of required parking(further discussion below), amount of qualified open space required,and allows the site to comply with dimensional and parking standards—Staff believes these revisions maintain the original intent of the Applicant's design but also increases the available commercial space and area for parking. According to the site data table,the multi-family units consist of 41 studios, 108 1-bedroom units, and 110 2-bedroom units to total 259 units. The minimum parking required for the proposed distribution of unit types and clubhouse is 457 stalls with 218 of them covered;the Applicant is proposing 457 stalls with 218 covered and an additional 20 stalls for the commercial to total 477 parking stalls. The commercial drive-through has already received conditional use permit approval but the proposed multi-family residential would require a CUP in front of the Planning and Zoning Commission should Council approve this DA Modification. However,the site plan contemplates a Starbucks as one of its commercial users which is considered a drive-through restaurant in our code and requires a different commercial parking ratio of 1 space for every 250 square feet. Therefore,the minimum commercial parking required for the proposed commercial area is 24 spaces and the Applicant would need to obtain 4 additional parking spaces in this area of the site based on the elements shown on the submitted plan. It has been Staff s experience that coffee shops, especially Starbucks,require parking beyond code minimums so the submitted concept plan causes concern for Staff,as discussed above. Further, should additional restaurant uses be proposed, additional parking would be required to meet code or they would not be allowed. In addition,there are a number of parking spaces proposed west of Centrepoint Way with no other development on this area of the site. In order for future residents to use this parking lot they will need to cross Centrepoint Way which would be anticipated as a busy roadway with the existing residences and the addition of the proposed multi-family. Staff has concerns over the safety of access to this parking lot. Centrepoint Way is public right-of-way so if any crossing is proposed,the Applicant would need to work with ACHD to obtain approval to modify the intersection depicted on the concept plan. Staff supports the inclusion of bulb-outs and striping at a minimum in order to Page 4 help create safer pedestrian access to and from these areas of the property and the Applicant should work with ACHD. In addition to parking, overall access into the site is integral to the analysis of the proposed project. Main access is depicted from Ustick via the shared drive aisle near the center of the development and via Centrepoint Way near the west boundary;no access to Eagle is allowed or proposed. Two access points are depicted to each of these for the multi-family project in the center of the site with the east retail site and 3-story multi-family buildings proposed with an access to the shared drive aisle. All access points are aligned with any access points on opposing sides of the roadways. Because of the proposed use and the existence of the right-turn lane from Ustick to Cajun Lane, Staff supports the proposed accesses and does not find alternatives available without accessing the roadways to the south which are split between public right-of-way and a private lane. As discussed above,the previous use was approved with a CUP and required a TIS,which noted that approximately 3,213 additional daily vehicle trips were anticipated. In anticipation of the proposed use and number of units,the Applicant reached out to ACHD to determine if a new TIS would be required. The proposed use of multi-family and the reduction in commercial area is anticipated to generate less trips than the previous use of an indoor recreation facility. Therefore,ACHD is not requiring a new TIS but instead requested an abbreviated study that includes turn lane analyses, parking analyses, and an updated trip generation study for the multi-family use. The Applicant performed the requested analyses and provided an abbreviated TIS report to ACHD and Staff. According to this document,the proposed multi-family project is anticipated to generate approximately 1,249 daily trips which is a reduction of approximately 1,964 trips per day. Therefore, the proposed project is anticipated to generate less than 40%of the previously anticipated vehicle trips. This is a significant reduction in vehicles trips for the adjacent local and private streets as well as to the intersection of Eagle and Ustick. V. DECISION A. Staff: Staff recommends approval of the proposed MDA with the proposed site plan revisions and per the DA provisions in Section VI.C. B. The Meridian City Council heard these items on June 28,2022 and July 12,2022.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: Mike Maffia, Owner/Applicant; Deborah Nelson,Applicant Representative; Brandon McDougald,Applicant Engineer- b. In opposition: Janet Bailey.neighbor;J.R. Schofield.neighbor;Wendy McKinney resident:Joe White.nei bor c. Commenting: Janet Bailey; J.R. Schofield:Wendy McKinney;Joe White;Julie Vrba: d. Written testimony: 2 pieces—Jared Schofield and Steve Grant,neighbors e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. Traffic and parking concerns with proposed multi-family use, specifically with cross- traffic through private street to the south and out to Eagle Road: b. Concerns with proposed height disparity of existing two-story single-family homes and proposed 4-story apartment buildings—appreciation for Applicant's change to 3-story but still concerned with traffic circulation: Page 5 C. Concerns with new proposed building alone west property boundary and its transition of density and height to existing R-2 lots west of the site• 3. Key issue(s)of discussion by City Council: a. Issues presented by written testimony_, specifically if any discussion occurred regarding continuing a masonry wall along west boundary: b. Traffic flow for Proposed multi-family use in terms of volume and anticipated circulation through existing development to the south- C. Volume of traffic of proposed use(Multi-family)versus existing approvals (Villasportl: d. Height transition of existing approvals and proposed 4-story product type—Council requested no more than 3-story tall buildings: e. Proposed parking counts and location—Council was not comfortable with parking area west of Centrepoint Way and expressed a desire for all buildings to be self-parked within their respective areas of the site: f. Does Staff find proposed apartment along west boundary representative of adequate transitional density and use: g= Appreciation of Applicant's decision to reduce height of proposed buildings and self- park areas of the project per Council's discussion: h. Screening of west building to existing homes—i.e. continuing wall along west boundary,including a buffer along west boundary, and additional dense landscaping beyond what code requires: i. Design of Centrepoint Way and whether parking is allowed or should be restricted: Thought process of Applicant to propose more multi-family instead of office along west boundary—discussion on Applicant's preferred option and market consideration- 4. City Council change(s)to Staff recommendation: a. Strike DA provision VI.C.6: b. Add provision to continue masonry wall along west boundary: c. Limit height of buildings per Staff s recommended provision in presentation: d. New provision to have Staff and Applicant work with ACHD to prohibit parking alone Centrepoint Way. Page 6 VI. EXHIBITS A. Existing Concept Plan Matedal Legend- V'MTHE deLAN 0 -GROUP ESA AREA A-- AR U101 Ul U2 ...........— — — — — — — — — — Plojen Calculation: LU M LU AREA G- AREA D AREA E v G1.03 cl.04 Re9on s 4 Cn 4 • a C—" iJ 11!.flaTOverall C1.00 Page 7 Project Information: I o qcE..��ax c�owxci nEpm _ �Fc�o wsxe•eu I US71CKA0AA � I ' AREAR- I ti AFL BB I �� o � � C1� �x,u Cl U � � r.. CAM _ ( I .yy 4..E..........lA5PP19¢oAEFYtl � "Ymx' / � � .. Y' 97�Y11P� :•® .a 1 o tl s I g 79 € i'E AREAC- pREAO-`* — AREAE- C1.03 � _, C104 C1.05 O O I I Site Plan-Overall ,t in Page 8 B. Proposed Conceptual Site Plan and Perspectives (NOT APPORAIED)(REVISED July 2022): $ITE INFORMATION G umiorcrmro G (D 'F= EL LEGEND T: EL Wra F/ "p _T L-�f---- 7 4 TI "T, ------ ..... ...... CONCEPT SITE PLAN -CENTREPOINT Eagle&Ustick Meridian,ID !Uly 8,2022 Kimley)))Horn�� Page 9 OPEN SPACE CALCULATIONS SITE I ........... SITE 1 M ---; SITE I OPEN SPACE SITE 2 OPEN SPACE CONCEPT OPEN SPACE EXHIBIT- CENTREPOINT Eagle&Ustick Meridian,ID July 12,2022 Kimley))Horn Page 10 ti 40 ! ell ry �I,�343i! I EI � IIIIeI illllll I N` � . �7 I��-Elu,�nl-1 II � , ■� IIIIlLIII i !! iu4ipip 1111111111 t i111111 - - „a. ,,yam' ■■■�F .}� Oft we mill l _ ~aw ............ 3-5 i ORY 711-T PARTMENTS uTORY HQME fi k PPARTMENT PARKING E SGUUR ST SITE SECTION a so ea 1"=30'-0" SECTIONS AP3.20 3100 CENTREPOINT MERIDIAN C&M2022 Page 12 C. Staff s Recommended Development Agreement Provisions: 1. Future development of this site shall be substantially consistent with the submitted concept plan and color renderings included in Section VI and the provisions contained herein. 2. Future development shall comply with the standards outlined in the multi-family development specific use standards,UDC 11-4-3-27. 3. All future pedestrian crossings that traverse shared drive aisles within the development shall be constructed with brick,pavers, stamped concrete, or colored concrete to clearly delineate the driving surface from the pedestrian facilities,per UDC 11-3A-19B.4b. 4. The required landscape street buffers and multi-use pathway segment shall be constructed and vegetated with the first phase of development along E.Ustick Road and N. Eagle Road;the proposed 25-foot landscape buffer along the west and south boundaries shall be constructed with the first phase of development. 5. Applicant shall work with ACHD to construct a safe pedestrian crossing from the multi-family site area to the parking lot along the west boundary across N. Centrepoint Way. 6. Prior-to the City Cetmeil hear-ing,revise the site plan generally eeasisten4 with StafPs r-eeeffffneadafiens in Seetien W. 7. With the future Conditional Use Permit for the multi-family development,the building along the west boundary shall be no more than two-stories in height and the three(3)buildings within the center of the project shall be no more than three-stories in height, consistent with the Applicant's revised concept plan and presentation to Council. 8. Applicant shall continue the masonry wall along west property boundary consistent with adjacent development and to help buffer the proposed project. 9. Staff and Applicant shall work with ACHD to mark Centrepoint Way as no-parking on both sides, should ACHD allow it. Page 13 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Ferguson Townhomes (SHP-2022- 0007) by Mathew Ferguson, Located at 1335 NE 4th St., Lot 1, Block 1 of the Olive Dale Subdivision No. 1 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC� f IDIAN: AND DECISION&ORDER p H In the Matter of the Request for Short Plat to Create Two Buildable Lots on Approximately 0.31 Acres in the R-8 Zoning District,by Matthew Ferguson. Case No(s). SHP-2022-0007 For the City Council Hearing Date of. June 28,2022 (Findings on July 19, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 28, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of June 28,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 28,2022,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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 28, 2022, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) - 1 - 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 Short Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 28,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 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 I I- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -2- period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of June 28,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -3- By action of the City Council at its regular meeting held on the 26th day of July 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 7-26-2022 Attest: Chris Johnson 7-26-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-26-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERGUSON TOWNHOMES SHORT PLAT-FILE#SHP-2022-0007) -4- EXHIBIT A STAFF REPORTC� fE IDIAN*- COMMUNITY DEVELOPMENT DEPARTMENT a A H O HEARING 6/28/2022 Legend / DATE: ■ ■ �,R"a'Lccafian TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-498-0573 � w SUBJECT: SHP-2022-0007 a Ferguson Townhomes Short Plat LOCATION: 1335 NE 41h Street —TR I. PROJECT DESCRIPTION The Applicant proposes a Short Plat to create two buildable lots on approximately 0.31 acres in the R- 8 zoning district. II. APPLICANT INFORMATION A. Applicant/Owner Matthew Ferguson-652 E. Bonita Canyon St.,Meridian,ID 83646 B. Representative: Kellen Ericson,Alpha Omega Engineering—652 E. Bonita Canyon St., Boise, ID 83706 III. NOTICING City Council Posting Date Newspaper Notification 06/09/2022 Radius notification mailed to properties within 500 feet 06/10/2022 — Page 1 IV. STAFF ANALYSIS The applicant proposes to replat Lot 1,Block 1 of Olive Dale Subdivision No. 1 into two(2)lots to construct single family attached units; one on each lot. The applicant has submitted construction plans which indicate the intended floorplans and reflects curb, gutter and a 5 ft. wide attached sidewalk being constructed along the frontage of the property.As NE 4'St. is a local road, a landscape buffer is not required. A large portion of the property is shown to be within a 100-year floodplain. The Floodplain Administrator has noted a floodplain permit will be required prior to building permit. The short plat indicates the area of the floodplain and has a note requiring compliance with the City's floodplain regulations as required by UDC 10-6. Staff has reviewed the requested short plat proposal. If the plat is revised to adjust the internal lot line between Lots 1 and 2 so both lots meet the minimum 40 ft. frontage requirement in the R-8 zoning district,the proposal would meet the criteria for approval per UDC I I-6B-5. V. DECISION A. Staff: Staff recommends approval of the proposed short plat with the conditions noted in Section VII of this report. B. The Meridian City Council heard this item on June 28,2022. At the public hearing,the Council moved to approve the subject short plat request. I. Summary of the City Council public hearing: a. In favor: Matthew Ferguson b. In opposition:None c. Commenting: Matthew Ferguson d. Written testimony: None e. Staff presenting application: Alan Tiefenbach 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. None 4. City Council change(s)to Commission recommendation. a. None Page 2 VI. EXHIBITS A. Existing Olive Dale Subdivision No 1 OLIVE DALE 5[JBDIVIS[ON NO. 1 1'oRTION OF x I/E. NE I14. NI'IA. SECTION T,T.3111.,R.IE_R.M. ADA COUNTY, IDAHO N 19B$ N va Src r eo :a a _ _i4o yrn >IcdLc IN EccT 1086.64 492o.OG eao�la' srsl'3a 1 C.HAPIN SUBDIVISION 610, NO. 2 UNPLATTED 50 h W 1 I I I + BAILEY 'm _ AVENUE -�� I Avlr S.89'54'10'W. 585.38' °/ 31A0 91.42' 71.01' M1 ]I.00 IE0.9E 3O.Od I o 3 r O i 91 SIS OF H[/MMQ 5 y c 3 _ 4 .°a q S 3 m g 4 $ o Ld rr m o I 2 W�p W W.to n --- -- ----- �� ---- --___ --- ¢ w I H � N.a9.36 q"E. E74Z ]IAo' 1I.00 IfiU.79 Q N ti BLick ;2 3 9LccX 1 p CL � 2 o � rn 62 5, o.oi 3001' IB29'/ 7103 3001 lo.oi n.03 N.o•CO'00°f. N.BS'21'55"E. 565.25` YT99 "all nOrE 91rtf1 turn-a nmd En,em.M 73PAC to Slrn n•S wl�n l N..1 eel,neee. p{7ll I I W Q � Irrgotlon W UNPLATTE❑ re I A Cv.8en.7 S-A"'30'w. Cm lh S.e.i Wing orRr 1. ob a v8 8. ,,p Ien A. CURVE DATA CARVE R a ITI L I CM-_1 CO. aER C•� Tco IA ei4 C-9 f SW o �809 3lc Seya 520 Page 3 B. Proposed Short Plat(date: 3/11/2022) PLAT SHOWING J FERGUSON TOWNHOM£S A REPLAT OF LOT 1,BLOCK 1,OF OLIVE DALE SIJSD-VISION NO.1 LOCATED VATH IN THE NE 114 OF THE NW TIA OF SECEION 7,TCNVNS 11P 3 NORTH,RANG 1 EAST, BOISE MER'DiAN,CITY OF MERIDIAN ADA COUNTY.IDAHO 2022 BADLEY dVEh�lE �y 30W I I I I I � I I o + N 1�8 mI I t. L �g LOT 3(PI) LQT4 WTI aI 2 PQ I I d aI E• M � W FMEI.IENf ti r I 1 s LOT2(PY7 eLo SHB'3G'7H"E I6Q7d b s �e I cp lU.x 2w —f- — — — —i �-— — — - — - -- - - =� norm• ,"to �p � SR6'ii'i3"W Iv;fafa9 i Y �' ]IA3 �6'S6V6vf ISO.7T 588'b9'33'W ` 588'A'S3'W SI3.i3' LEGEND BASIS OF BEARING ` P09 UNALATTEO iU60MLON PARCEL 90UIOdRY I]NE i LOT HWNOARY II NE • ....•• .ADJACENT RECORD&WIDARY IINE{RII F)R'-SINOEASEMENTB NNARY Page 4 C. Conceptual site plan(date: 2/11/2022) I r I f I' I I I I oHw Is8 091 3n8TI95a5es J i- _I I L ❑ I' I Ez w I rn 3 `,— frslit _ w n I Z II In i l Q ❑ LUo - r71 "U 1 U t jl I L N J I LL'49T M'ArD.9SASS Q J Ui FL F I I En I I a o z a Q Page 5 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. The short plat prepared by Aaron P Rush PLS, dated 3/11/2022, included in Section VI.B is approved with the following revision: a) The applicant shall reconfigure the internal lot between Lots 1 &2 to meet the minimum 40 ft. lot frontage requirement of the R-8 zoning district. b) The internal lot line between Lots 1 &2 shall be graphically depicted as a zero- lot line. 2. The applicant shall obtain a floodplain permit in conformance with UDC 11-613-5 prior to building permit. 3. Administrative design review is required prior to building permit for all new attached residential structures containing two (2)or more dwelling units. 4. If the City Engineer's signature has not been obtained within two(2)years of the City Council's approval of the short plat,the short plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 5. Staff s failure to cite specific ordinance provisions or conditions from the previous approvals as noted in condition 3. above, does not relieve the Applicant of responsibility for compliance. 6. The short plat shall be recorded prior to submission of a building permit. 7. The development shall comply with all bulk,use, and development standards of the R-8 zoning listed in UDC Chapter 2 District regulations. B. Public Works Site Specific Conditions: 1. Applicant to provide DEQ approval of the setbacks with proposed water design. In addition to any DEQ requirements, applicant shall case water line per City requirements and extend the casing 10 feet past the edge of the infiltration trench and 10 feet past the sewer manhole. 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 Page 6 forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or 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 Page 7 approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 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. 19. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 20. 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. 21. 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. 22. 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. 23. 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 8 VIII. FINDINGS In consideration of a short plat,the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan and is consistent with the Unified Development Code; The Comprehensive Plan designates the future land use of this property as High Density Residential. The current zoning district of the site is R-8. The proposed short plat complies with the Comprehensive Plan and is developed in accord with UDC standards. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are adequate to serve the site. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvements program; Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being provided with the development of the property at the developer's expense. D. There is public financial capability of supporting services for the proposed development; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance improvements for sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health,safety or general welfare; and Council finds the proposed short plat will not be detrimental to the public health, safety or general welfare. F. The development preserves significant natural,scenic or historic features. Council is not aware of any significant natural, scenic or historic features associated with the development of this site. Page 9 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Ferney Subdivision H-2021-0103) Between City of Meridian and Franklin Storage, LLC for Property Located at Parcel 51109438871, Near the Half- Mile Mark on the North Side of E. Franklin Rd. Between S. Eagle Rd. and S. Cloverdale Rd. ADA COUNTY RECORDER Phil McGrane 2022-066859 BOISE IDAHO Pgs=37 BONNIE OBERBILLIG 07/27/2022 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Franklin Storage, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 26th day of July -, 2022, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Franklin Storage, LLC, whose address is 4549 N. Mackenzie Lane, Boise, ID 83703, hereinafter called OWNER/DEVELOPER. I. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of 6.304 acres of land with a request for the I-L (Light Industrial) zoning district on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of DEVELOPMENT AGREEMENT—FERNEY SUBDIVISION(H-2021-0103) PACE I OF 8 government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS,on the 21 st day of June,2022,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19-2179, and the UDC, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER:means and refers to Franklin Storage,LLC,whose address is 4549 N. Mackenzie Lane, Boise, ID 83703, hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owners(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT-FERNEY SUBDIVISION(H-2021-0103) PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan, preliminary plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. Prior to issuance of any building permits, the applicant shall subdivide the property in accord with UDC 11-6B. C. The uses allowed on this property are those listed in UDC Table 11-2C-2 for the I-L zoning district. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. e. Applicant shall comply with the specific use standards outlined in UDC 11-4-3-34 and UDC 11-4-3-18 for the proposed uses of Self-service Storage Facility and Flex space Building, respectively. f. The Applicant shall comply with the Commercial architectural design standards in the City of Meridian's Architectural Standards Manual(ASM) at the time of Certificate of Zoning Compliance and Design Review submittal for the elevations facing Franklin and the east elevations of the two storage buildings adjacent to the existing residence on Parcel S 110943 8907. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF DEVELOPMENT AGREEMENT-FERNEY SUBDIVISION(H-2021-0103) PAGE 3 OF 8 ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns,or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property,this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements,conditions,and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho,including all matters of construction,validity,performance,and enforcement.Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT-FERNEY SUBDIVISION(H-2021-0103) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agree to provide,if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3)days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Franklin Storage,LLC 4549 N. Mackenzie Lane Boise, ID 83703 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT-FERNEY SUBDIVISION(H-2021-0103) PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official)challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT-FERNEY SUBDIVISION(H-2021-0103) PAGE 6 OF 8 City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-FERNEY SUBDIVISION(H-2021-0103) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Franklin Storage,LLC By: Greg Ferne CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 7-26-2022 Chris Johnson, City Clerk 7-26-2022 STATE OF IDAHO ) ss: County of Ada ) On this 'r day of u ,2022,before me,the undersigned,a Notary Public in and for said State, personally appeared Greg Ferney,knowA or identified to me to be the M a tot a of Franklin Storage,LLC,and the person who signed above and acknowledged to me that he executed the sam on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. AILEEN H ARTLEY j COMMISSION#24448 Notary Public for I�+t o NOTAR- - - Y PUBLIC Residing at: t - - - STATE OF IDAHO My Commission Expires: 1 I d� aDols STATE OF IDAHO ) :ss County of Ada ) On this 26th day of July , 2022, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT-FERNEY SUBDIVISION(H-2021-0103) PAGE 8 OF 8 EXHIBIT A r ACCURATE iI SURVEYING & MAPPING XtR V I G� Job No. 19-274 Land Description Annexation/Rezone A parcel of land located in the Southwest Quarter of the Southeast Quarter of Section 9, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the found aluminum cap monument at the Quarter Corner common to Sections 9 and 16,T3N, R1E as perpetuated by document 113006165, Records of Ada County, from which the found aluminum cap monument at the corner common to Sections 9, 10, 15 and 16, T3N, R1E as perpetuated by document 11084522, Records of Ada County bears S 890 20' 44" E a distance of 2702.61 feet;thence S 89` 20' 44" E along the section line for a distance of 639.62 feet to the REAL POINT OF BEGINNING; Thence N 00' 34' 57" E for a distance of 1248.15 feet to the northerly railroad right-of-way; Thence S 88' 27' 42" E along said northerly right-of-way for a distance of 59.31 feet to a found 5/8th inch iron pin with a plastic cap labeled PLS 972; Thence N 01*41' 28" E for a distance of 50.00 feet to a found 5/811 inch iron pin with a plastic cap labeled PLS 972 at the northerly railroad right-of-way; Thence S 88` 27' 42" E along said northerly right-of-way for a distance of 153.84 feet; Thence S 00` 34' 55" W for a distance of 1294.86 feet to the section line; Thence N 89' 20'44" W along the section line for a distance of 214.10 feet to the REAL POINT OF BEGINNING. Parcel contains 6.304 acres, more or less. t � ` 4 � �, b •Ir•L� +rw4" of ' �N a.o i 1520 W. Washington St., Boise, ID 83702 Phone: 208-488-4227 www.accuratesurveyors.com EXHIBIT MAP ANNEXATION AND REZONE FOR HATCH DESIGN ARCHITECTURE A PORTION OF THE SW 114 OF THE SE 114 OF SECTION 9, T.3N., R.IE., B.M. COUNTY OF ADA STATE OF IDAHO PLS 972 A& L5 —ROW L3 `, ROW PLS 972 D RAILROAD oo ,� RIGHT—OF—WAY O N N ROW ROW—ROW ROW LINE TABLE LINE BEARING DISTANCE L1 N 00'34'57" E 42.00' L2 S 00'34'55" W 42.00' L3 S 88'27'42" E 59.31' L4 N 01'41'28" E 50.007 LEGEND L5 S 88'27'42" E 153.84' in aOp ANNEX AND REZONE N BOUNDARY LINE N PARCEL LINE ROW -- RIGHT—OF—WAY 3 W -- — — -- SECTION LINE W � �2 6M FOUND ALUMINUM CAP Z h N N a Q IN ASPHALT k6 N o nL • FOUND 5/8" IRON PIN W U) o 0 0 2 0 0 j CALCULATED POINT O �m WS S1109438871 (nV) 6.304 AC. SCALE: 1"=200' 114 CORNER SEC7ION CORNER CP&F No. 11 JO06165 CP&F No. 11084522 3" ALUMINUM CAP IN 2 112" ALUMINUM MONUMENT WELL, CAP IN ASPHALT-, PLS 1029 ROW ROW PLS 13551 rm 9 639.62' i 214.10' 206_2.99' .9-LI 0 16 N 89'20'44" W 2; 61' V16T15 ANC BASIS OF BEARING G W. FRANKLIN RD. Z _ 11463 h 1520 W. Washington -f OF ��P j,1 �tQ Boise, Idaho 83702 44 �S (208) 488-4227 �qN J.pPN�' www.accuratesurveyors.com DATE: JUNE 2022 JOB 19-274 EXHIBIT B STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 6/7/2022 Legend HE Project Location j9 TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 ------ SUBJECT: H-2021-0103 1 , 0- EE-L Ferney Subdivision ID llJ .-_L LOCATION: The site is located near the half mile mark on the north side of E. Franklin FRT_* _ b m �, Road,between S. Eagle Road and S. ® "' j Cloverdale Road,in the SW 1/4 of the SE /4 of Section 9, Township 3N.,Range 1E. i i I. PROJECT DESCRIPTION Annexation and Zoning of 5.64 acres with a request for the I-L zoning district and a Preliminary Plat consisting of two (2)building lots on 4.93 acres of land in the requested I-L zoning district. NOTE: The Applicant is seeking a Council Waiver to reduce a required landscape use buffer per the specific use standards for the proposed use of self-service storage facility(UDC 11-4-3-34). Analysis is provided throughout the report below. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—5.64 acres;PP—5.143 acres Future Land Use Designation General Industrial Existing Land Use Vacant Proposed Land Use(s) Future self-storage facility and Flex Space building Current Zoning RUT in Ada County Proposed Zoning I-L Lots(#and type;bldg/common) 2 industrial building lots Physical Features(waterways, Evans Drain runs along norther boundary of property hazards,flood plain,hillside) (minimal flood hazard). Neighborhood meeting date November 22,2021 History(previous approvals) Subject site was denied annexation and zoning approval in 2020(H-2020-0033)because no development plan accompanied annexation request but the Applicant withdrew the application before Findings of Denial were approved by the Council. Page 1 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Two(2)driveway accesses to Franklin Rd. currently exist; Hwy/Local)(Existing and Main access will be provided via proposed extension of E. Proposed) Lanark St(an industrial collector roadway)and one emergency-only access is proposed to Franklin to comply with code. Stub Street/Interconnectivity/Cross E. Lanark is proposed to be stubbed to eastern property Access boundary with attached sidewalks. See analysis in Section V below for more information. Existing Road Network W.Franklin Road is built to its ultimate configuration. 5- travel lanes,bike lanes,curb,gutter and detached sidewalk. Existing Arterial Sidewalks/ There is existing attached sidewalk.A landscape buffer is Buffers required along Franklin frontage. Fire Service • Distance to Fire Station Approximately 2 miles from Fire Station#1 • Fire Response Time The project lies inside of the Meridian Fire response time goal of 5 minutes • Resource Reliability Fire Station#4 reliability is 76%(below the goal of 80%) • Accessibility Proposed project meets all required road widths,and turnaround dimensions. Wastewater • Distance to Sewer Services Directly adjacent • Project Consistent with Yes WW Master Plan/Facility Plan • Impacts/Concerns • Flow is committed • See Public Works Site Specific Conditions Water • Distance to Services Directly adjacent • Pressure Zone 5 • Project Consistent with Yes Water Master Plan • Water Quality Concerns None • Impacts/Concerns See Public Works Site Specific Conditions Page 2 - � - • is ua� �lllllll lllllla���'r'I - • - • �n?�rr, m rum�-...,..,�.•, N E • . - . . PINE kFCU ►/ • . . . N- �cUr Milt W_ TIM FRAN IIN - FRANK.Cl- all - . - . � • � Willi �19._9j.® - . - . imNrr► �i��Iir -�i�1, . — . . . N E�■,�■ �� ' % . — ... . ;!,�, m -Illlpl Ilnll 1 irr CUT �IN E rnn�r...1.141 nlllllnli 11 -J� � j''F i � ■ �■ � of ■11 � ■N■� ��I ■® � 111�i� ■ I� i1 a '_fir ■� FRANKL-IN — �iu i Frrtir aru�P■ � 11111 1 ����! � Q�I" �► 111111 � � 11'.• LU IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published 4/19/2022 5/22/2022 Radius notification mailed to properties within 500 feet 4/18/2022 5/20/2022 Public hearing notice sign posted 4/25/2022 5/25/2022 Nextdoor posting 4/18/2022 5/18/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) General Industrial—This designation allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units,light manufacturing, flex, and incidental retail and offices uses. In some cases,uses may include processing, manufacturing,warehouses, storage units, and industrial support activities. Sample zoning include: I-L and I-H. The subject property is noted as Industrial on the future land use map (FL UM) and shares this designation with multiple properties to the east and west along the north side of Franklin Road. The Applicant is proposing to annex the property into the City with the I-L zoning district and propose two different uses on the property, self-storage and flex space—both of these uses are listed above as anticipated uses in this designation and the proposal for the I-L zoning district complies with the industrial future land use designation. The subject property has a planned extension of an industrial collector street(E. Lanark) that will bisect the property into two parcels which accounts for the main reason a preliminary plat is required and was submitted. According to the submitted plat, the Applicant is proposing the self- storage buildings on the front parcel(approximately 2.89 acres) and a flex space building on the backparcel along the railroad corridor(approximately 1.75 acres). Further analysis on the proposed uses are in subsequent sections below. In terms of nearby and adjacent development, there is existing industrial zoning to the west with developing flex and other industrial type buildings. The parcel directly abutting to the east is still a county RUT parcel that contains a single-family residence and still maintains some farm animals. Directly east of the county parcel is an ACHD facility that is currently under construction. Therefore, the county parcel to the east would be surrounded by industrial uses until such time that parcel redevelops. Because of the existing residential use to the east, this Applicant is required to provide a landscape buffer to that use. Staff has had conversations with that homeowner and they anticipate selling the property in the next five (5)years once their parents decide to leave that home. The applicant is seeking a Council waiver to reduce the buffer along the parcel as the City anticipates this property will redevelop with industrial uses in the future. Based on the proposed uses and plat,Staff finds the subject development to be consistent with the comprehensive plan. Specific policies are analyzed below in the next section. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section HITA1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council Page 4 and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.orglcompplan): Staff finds the following Comprehensive Plan policies are applicable to this development; Staff analysis is in italics: "Plan for industrial areas with convenient access to state highways or the rail corridor,where appropriate."(3.06.02D). The subject property abuts the railroad corridor along its north boundary. The subject development preserves this property as an industrial use along the rail corridor despite not utilizing that service at this time. Stafffinds the most important factor being that this development does not eliminate that option nor proposes a use that is non-compatible with the rail corridor. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01A).As noted above, the Applicant is required to provide a landscape buffer along the east property boundary as an existing county residence is present on the parcel directly to the east. This is a requirement of the specific use standards for the proposed self-storage use;specifically, that the use is required to be wholly enclosed which should help minimize the impact to the existing homeowner. The Applicant is depicting a buffer along this entire boundary but is proposing a reduced buffer width because the property to the east is anticipated to be redeveloped with an industrial use similar to what exists in this area. Within the reduced buffer, the Applicant appears to depict code compliant landscaping and elevated building design facing the existing residence. To help ensure this buffer closest to the existing residence (the southern quarter of the site) provides adequate screening, Staff is recommending the Applicant include additional trees for the first ISO feet of this buffer to show the trees touching at maturity. Staff believes with this additional landscaping, the proposed development offers compatible site design, buffering, and screening to the existing development to the east. "Establish and maintain levels of service for public facilities and services, including water, sewer,police,transportation, schools, fire,and parks"(3.02.01G).All public utilities are available for this project site due to the existing network abutting the site to the west and south, per Public Works comments. Subsequently, all public utilities will be extended at the Applicant's expense in order to connect to the existing services within the right-of-way. Further, the site is within the Fire Department response time goal of 5-minutes. Franklin Road is widened to its ultimate width in this location adjacent to the site and the Applicant is required to extend Lanark Street through the site to its east boundary. The subject development is only allowed an emergency access to Franklin because access to Lanark will be available. The required access to the public street network helps appropriately disperse vehicle trips for the subject site and the nearby uses as well. "Preserve the industrial base within designated industrial land use areas by discouraging non- industrial uses and focusing on light manufacturing,distribution,flex-space, and base- employment."(3.07.0113). The subject development does not propose non-industrial uses by proposing self-storage and flex space which are uses supported by the future land use designation as a whole and by this specific policy. "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation,low walls,berms, etc.)."(3.07.01 Q.As noted above, the Applicant is required to provide landscaping adjacent to the existing residence to the east but additionally the Applicant is required to provide a 35 foot landscape buffer along Franklin, an entryway corridor. Furthermore, the required E. Lanark extension is a collector Page 5 roadway which requires a minimum 20 foot landscape buffer with detached sidewalks. The Applicant is depicting both of these buffers and, as shown, should provide noise mitigation and buffer the transportation corridors from the proposed development. With the recommended revisions,Staff finds this development to be generally consistent with the Comprehensive Plan. C. Annexation: The Applicant is proposing to annex approximately 5.64 acres of land which is larger than the property size of 4.93 acres. This discrepancy is due to the Applicant being required to annex land to the centerline of adjacent right-of-way. In this case,this area includes Franklin Road right-of- way south of the property and railroad right-of-way north of the property. With previous applications north of the subject site,Applicants did not annex to the centerline of the railroad right-of-way which was a mistake and the City did not catch it. In light of this, Staff is asking the Applicant to revise their annexation and zoning request to include the full railroad right-of-way instead of just to the centerline. Staff has included this comment within the conditions of approval. D. Access(UDC 11-3A-3): Main access to the project is proposed via two driveway connections to the extension of E. Lanark, an industrial collector street. According to the submitted plat that depicts the proposed layouts for each use, each property is proposed to have one driveway connection to Lanark in alignment with each other located approximately 45 feet west of the east property line (measured from property line to center of driveways).No other access is proposed for the flex building on the north property. The south property containing the self-storage use is proposed to have an emergency only-access to Franklin Road; a secondary access is required to satisfy the specific use standards of the proposed use. Lanark is stubbed to the subject property's west boundary and is required to be extended into and through the property. Lanark is not able to be extended further than the subject property so the Applicant is required to terminate Lanark in a temporary cul-de- sac near the east boundary, according to the ACHD staff report. However, because the timeline of extension is not known and temporary cul-de-sacs require a large amount of area, the Applicant has proposed an alternative temporary turnaround by incorporating the needed space for a hammerhead type turnaround within the Lanark right-of- way and the driveways proposed to Lanark. This alternative was proposed after the ACHD staff report was issued so Staff is not aware if ACHD will approve this alternative. The Applicant should continue working with ACHD on the type of temporary turnaround allowed. The Meridian Deputy Fire Chief have given their approval of the alternative temporary turnaround shown on the submitted plat with the requirement that Lanark be signed "no parking"on both sides; the Applicant has agreed to this. Therefore, Stafffinds the proposed alternative to be sufficientfor approval by the City but understands revisions may occur to satisfy ACHD. These revisions would not affect the layout but would only increase the amount of asphalt on the property. Because the Applicant has to obtain final approval from ACHD on the proposed alternative turnaround and Staff includes a general provision to comply with ACHD conditions of approval, Page 6 Staff does not find it necessary to include a specific condition as part of this application and will confirm the outcome of the temporary turnaround at the time of final plat submittal. No other accesses are proposed or required with the submitted plat or proposed uses and each access complies with UDC requirements. E. Existing Structures/Site Improvements: No existing structures or site improvement appear to be present on the subject site. Two curb cuts exist to Franklin Road and both are proposed to be removed in lieu of the emergency access to Franklin for the proposed self-storage use. The Applicant is required to construct vertical curb, gutter, and repair any sidewalk while closing the two existing curb cuts. F. Proposed Use Analysis: The Applicant is proposing two industrial type uses, self-storage and flex space. Both uses are permitted use in the requested I-L zoning district,per UDC Table 11-2C-2. Self-service Storage Facilities are subject to specific use standards outlined in UDC 11-4-3-34 and Flex Space is subject to the specific use standards outlined in UDC 11-4-3-18. Although self-storage is an anticipated use on the subject property,Staff has expressed that more flex space and less storage is preferred in order to help provide more employment opportunities and contribute to the overall need of flex space in the Valley. Commission and Council should also determine if the proposed mix of uses is preferred by the City. According to the submitted plans,Staff finds the proposed self-service storage facility complies with all specific use standard except for the requirement to screen the property and the minimum 25 foot buffer to any residential use.It is unclear on the submitted plans whether any fencing is proposed. The Applicant should clarify this and provide an exhibit showing the type of fencing/wall proposed to satisfy this requirement.As noted above, the Applicant is proposing a 15 foot buffer adjacent to the residential use along the east boundary.Reducing a landscape use buffer requires a City Council waiver and is not eligible for Alternative Compliance,per UDC 11-5B-5.According to the resident's child to the east, it is not anticipated for their parents to be in this location long-term and this property is also shown as industrial on the future land use map. Staff is recommending denser landscaping is proposed along the first 150 feet of this buffer measured from the back of the required street buffer(185 feet from back of sidewalk). Further, the Applicant is required to provide a solid fence/wall to satisfy the specific use standards. With Staffs recommendation, the specific use standards, and the fact the property to the east is planned to be an industrial zoned property,Staff is supportive of the reduced buffer. Future development applications that show the floor plan of the proposed flex building will determine compliance with the flex space specific use standards in UDC 11-4-3-18. Staff typically verifies code compliance for flex space buildings at the time of Certificate of Zoning Compliance (CZC)which is a required approval prior to submitting for building permits. Staff notes, all buildings on the subject property will be required to obtain CZC and Design Review approval prior to building permit submittal. G. Dimensional Standards(UDC 11-2): The proposed building lots meet all UDC dimensional standards for the requested I-L zoning district for setbacks,building height, and proposed use. All subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). This applies to the subject development because a preliminary plat was submitted. Staff finds the proposed plat complies with the standards outlined in UDC 11-6C-3. Page 7 H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6B for nonresidential buildings based on the gross floor area of the flex building and the area of the office for the self-storage facility at the ratio of 1 space per 2,000 square feet. Staff will confirm code compliance with this code section at the time of CZC and Design Review submittal. However, initial review of the submitted landscape plan depict parking in excess of code requirements on each site and for both uses. I. Sidewalks&Pathways (UDC 11-3A-17& UDC 11-3A-8): 5-foot wide detached sidewalks are required along the E. Lanark Street extension per UDC 11- 3A-17C. There is existing 7-foot attached sidewalk along the Franklin Road frontage that is proposed to remain. The proposed sidewalks comply with UDC requirements and the existing sidewalk along Franklin is required to be maintained or repaired should it sustain damage during construction. A multi-use pathway segment is shown within the railroad corridor north of the subject property. Per the Meridian Parks Department,the City is requiring a 14-foot wide pedestrian easement along the north property boundary for the preservation of a potential regional pathway segment along the rail corridor consistent with the Master Pathways Plan.According to the submitted plat, the Applicant is showing the required 14 foot easement along the north property line. J. Landscaping(UDC 11-3B): A minimum 35-foot wide street buffer is required adjacent to E. Franklin Road, an arterial street and labeled as an entryway corridor. This buffer is required to be landscaped per the standards listed in UDC 11-3B-7C. According to the submitted plat and landscape plans, a minimum 35- foot landscape easement is depicted adjacent to Franklin,measured from the back of sidewalk. The submitted landscape plans confirm the minimum width of the landscape buffer but do not appear to show code compliant vegetation. Per UDC 11-3B-7C.3, no more than 65%of the landscape buffer area shall be comprised ofgrasses and additional landscape design is required along entryway corridors. Therefore, additional vegetative ground cover beyond that ofgrasses and additional landscape features are required to meet UDC standards. For example, as outlined in code, landscape features may include berms of no less than four to one (4:1)slope at a three- foot minimum height, decorative landscape walls (no greater than three(3)feet in height), decorative open vision fencing(no greater than four(4)feet in height), or a dry creek design with river rock, boulders, etc. are acceptable to meet this standard. Staff has included a condition of approval to comply with this standard. However, there are existing power poles along the Franklin frontage so the Applicant will be limited to Class I trees only; this does not preclude the Applicant from meeting the maximum ground cover percentage noted above. A 20-foot wide landscape buffer is required on both sides of the E. Lanark Street extension, an industrial collector street—the submitted plat depicts at least a 20 feet wide easement on both sides of this road extension measured from approximately the middle of the detached sidewalk. Therefore,the parkway strips between the sidewalks and back of curb for Lanark are not shown as part of the landscape easement. Staff has concerns with the parkways strips not being included within the landscape buffer easements along Lanark and the lack of any vegetation shown within these parkways on the submitted landscape plans. Staff recommends the landscape buffer easement be extended to the back of curb to comply with the UDC and to revise the landscape plans to show additional grasses within the parkway strip. Further, the landscape buffers along Lanark do not show the required vegetative ground cover, similar to the Franklin buffer. Therefore, Staff is also including Page 8 a condition of approval to add additional vegetative ground cover beyond grass to comply with UDC 11-3B-7C.3. K. Fencing(UDC 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7 and those areas applicable to the specific use standards for the proposed self-service storage facility(UDC 11-4- 3-34). No fencing is shown on the submitted landscape plan but fencing is required per the specific use standards for the proposed self-service storage facility use adjacent to the existing residential use to the east. Staff is including a condition of approval to include code compliant fencing along the entire east property boundary. L. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The applicant has submitted conceptual elevations of the proposed storage buildings and flex space building. All new nonresidential buildings require Administrative Design Review(DES) approval prior to building permit submittal.DES was not submitted concurrently with these applications so the Applicant will be required to submit for this with the future Certificate of Zoning Compliance(CZC) application. The conceptual elevations submitted depict 17 foot tall storage buildings at their highest and a 21 foot tall flex building. The storage buildings vary in overall size but appear to show varying roof profiles and finish materials facing relevant areas (roadways and the residence to the east). However, it is not entirely clear if the paneling shown facing the residence is metal or otherwise; metal paneling will not be allowed as a future field material. Overall, Staff finds the conceptual elevations should comply with the relevant standards but will review it in more detail at the time of CZC and Design Review submittal. M. Waterways(UDC 11-3A-6): The Evans Drain runs along the north property line with a majority of its easement on the subject property.No floodplain exists on the subject site nor along the Evans Drain in the vicinity. According to the submitted plat,this drain is proposed to be piped compliant with UDC 11-3A-6. Because this area of the plat is adjacent to a vehicular use area around the Flex building, parking lot landscaping is required per UDC 11-3B-8 and should include trees and other vegetative ground cover. The submitted landscape plans do not depict any trees within this area as the irrigation easement does not allow trees. Further, the Applicant will need to obtain a license agreement with the irrigation district in order to construct what is shown on the landscape plans. Staff does not find what is proposed on the landscape plans to comply with the minimum code requirements discussed. The Applicant should submit for Alternative Compliance with the future final plat to propose an equal or superior means of complying the landscaping outlined in UDC 11-3B-8 within or adjacent to the Evans Drain easement. VI. DECISION A. Staff: Staff recommends approval of the Applicant's request for annexation&zoning with the requirement of a Development Agreement and the preliminary plat request with the conditions noted in Section VIILA per the Findings in Section IX of this staff report. Page 9 B. The Meridian Planning&Zoning Commission heard these items on May 5,2022.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Becky McKay,Applicant Representative;Jeff Hatch,Applicant Architect; b. In opposition:None C. Commenting. Becky; Jeff Hatch; d. Written testimony: None e. Staff presenting gpplication: Joseph Dodson,Associate Planner f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Support of project and synopsis of previous application in 2020—by Jeff Hatch 3. Key issue(s)of discussion by Commission: a. Applicant's request to reduce landscape buffer to the east and discussion on landscaping along Franklin that needs to be revised to meet code. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None of the revised plans have been submitted consistent with the conditions of approval. C. The Meridian City Council heard these items on June 7,2022. At the public hearing;the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearin&. a. In favor: Becky McKay,Applicant Representative; Greg Fernev.Applicant. b. In opposition: None c. Commenting: Becky McKay. 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. None 4. City Council change(s)to Commission recommendation. a. Council approved the Applicant's waiver request for the reduced buffer along the east ropes Page 10 VIL EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map o�v ACCURATE SURVEYING SURVEYING & MAPPING '�A � �ER4fCF. Job No.19-274 Land Description Annexation/Rezone A parcel of land located in the Southwest Quarter of the Southeast Quarter of Section 9, Township 3 North,Range 1 East of the Boise Meridian,Ada County,Idaho being more particularly described as follows: Commencing at the found aluminum cap monument at the Quarter Corner common to Sections 9 and 16,T3N,R1E as perpetuated by document 113006165,Records of Ada County,from which the found aluminum cap monument at the corner common to Sections 9,10,15 and 16, T3N,R1E as perpetuated by document 11084522,Records of Ada County bears S 89°20'44"E a distance of 2702.61 feet;thence S 89"20'44"E along the section line for a distance of 639.62 feet to the REAL POINT OF BEGINNING; Thence N 00"34'57"E for a distance of 1148.13 feet to the centerline of the railroad right-of- way; Thence S 88`27'42"E along said centerline for a distance of 214.12 feet; Thence S 00°34'55"W for a distance of 1144.83 feet to the section line; Thence N 89'20'44"W along said line for a distance of 214.10 feet to the REAL POINT OF BEGINNING. Parcel contains 5.635 acres,more or less. ND �S O � 11 463 I0•LZa �rff OF 1�P�C7 N J. 1520 W.Washington St., Boise,ID 83702 Phone:206-4884227 www.accu ratesurveyors.co m Page 11 EXHIBIT MAP ANNEXA77ON AND REZONE FOR HATCH DESIGN ARCHITECTURE A POR77ON OF THE SW 114 OF THE SE 114 OF SECTION 9, T.3N., RAE., B.M. COUNTY OF ADA—STATE OF IDAHO s S827'42'E p 214.12' RAILROAD o o RIGHT-OF-WAY O p Row Row-ROW ROW BASIS OF BEARING S 89 20'44" E BETWEEN FOUND MONUMENTS AT THE THE SOUTH 114 CORNER AND SOUTHEAST SCALE: 1"=200' CORNER OF SECTION 9 COMMON TO SEC77ONS 9 & 15. LEGEND ANNEX AND REZONE BOUNDARY LINE PARCEL LINE Row RIGHT-OF-WAY 06 SECTION LINE FOUND ALUMINUM CAP O w ry IN ASPHALT �d ry x Q • FOUND 5/8"IRON PIN, WITH h o o h Z PLASTIC CAP, PLS 7881 o " OR AS NOTED 57109438871 0 0 FOUND 112" IRON PIN, WITH L 2 y Wl TH PLASTIC CAP, PLS 7881 LINE TABLE 224.044f S.F. O SET 5/8"IRON PIN KITH 5.143t AC. 2"ALUMINUM CAP, PLS 12720 LINE BEARING DISTANCE © CALCULATED POINT L1 IS 00'34 57 W 42.00 L2 IN 00'34 55 E 42.00 114 CORNER SECTION CORNER CP&F Na 113006165 CP&F No. 11084522 3" ALUMINUM CAP IN 2 112" ALUMINUM MONUMENT WELL, CAP IN ASPHALT PLS 1029 Row-W19Row PLS 13551 639.62' 214.10' 2062.99'+9{r10 16 --N 89'20'44" W 2702.61'-- 16 19 BASIS OF BEARING W. FRANKLIN RD, AND G 1146 3 97� �OQa WU (O 1520 W. Washington Nq G sj Boise, Idaho 83702 N J.DPN �s s (208) 488-4227 www.accuratesurveyare.com DATE: JAN. 2022 JOB 19-274 Page 12 B. Preliminary Plat(dated: December 21, 2021) -I T- I I 7117 L -:71l A.1 147 ---------- Wall CM PLC* Page 13 ��I �CFAI-t1��hH�le �r - � amp W- c, w �: t3 ti � 29 w�. 8%7 � � N yy � 3 7 F� � N I� F a. Z _ .265YH XW. aSYdf u�kn �ux � � lux •:41,„ Law N{MHw�MH /w� Y�M �LI!'FIT .I.LT� �'4}I ATfJIAY?Id -H S.Lt�¢I•I [,L7� Page 14 C. Landscape Plan(stamped date: March 16,2022) lANDSO/iPE NOTES. PROJECT IN FORMATION 4 NLL 3 LAN�gGy�S�C�AP-yE[;LEGEND GODT NOTES CO PP �:- ( • P... ... .....r.m... ....M... ,..z.,x r7. .. r ..x NTSC H F NULF 1 WEE D AEATEM E MT NOT ES..n...e...z..+�+- •^•^•�� ^ 4 u ern..,=h ..r♦nvrry n aim O 0 F a •u r.e u •x..�a... r z Vn a z Y BUILDING 2 Oi �I _ :I -- -- Sc auaowG s z — --- — 2 FLEx BUILDING i, a _3 w O- — BUILDING 5 . `�{a euaolNG a -• CZG D LANDSCAPE PLAN LANDSCAPE PLAN ^^ c; L-1 .0 Page 15 0Ep.ZC'b!L 3„Lh,�Zo8B5 —O— O— �t Z m W qm --15-Ndb NV7 'S -- s;;M r ry z z e . ory 0 I Y 9 I 0 � M I Z 12. m I? 0 Z a tj a U - Q — N .DC'b[Z M.D6.DZa 6H N Z '08 NI7YNV&-4 'M J N Page 16 A Conceptual Building Elevations(full file linked Lere) KEYINOTE� EXT11IOR FINISH 5 r 7 C I F I C TEON A H PR-N,ED—A'AN- P-,"'—,m Co�)�5.11111,S,, —NIH-- IC�R 11—11-1 PIR& ­L 111EL -1.EL AI`1%1-1 UAL. E PRE 9— .E', 1 -111—LL F NII SIUCCU�I I 1H C0_0P LCN S�C,, �E--SANDI-F KICH 11U=�FI-H "CC 01 S--l- 1 S47ALROCIF—ELS 0�1 11r, 7=,7 %TALLPEK —C-11E1 13 7 F R-QUIRE-1 < 4". 'T 1-1 --y C I k I R c 1— R­'ALITE PFD�JCJ FP1 'ACE C�N 13 N 0 R T H E L E T 10 N B J I L 1)1 N G 1 SOUTH E L EVA TI 0 N B J I L D I N G I DO— Ln —DR PEE PE---SEE P-AN,& s�—UL�. CC—L-T—NE z ED — NA3—�, 'E =0 MA7C AD 11EK-1— P�HEL FINII IIIII IIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIII IIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIIIIII IIIIHIIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIIIIII IIIIIII IIIINI�III 111 111141111 111 111 1;11 1111111 111111 111 1111 z 1. Im W. EAST ELEVATION- BUILDING I I—E 11- T- F EXT`R OR WEST ELEVATION BUILDIN G I _.T,_", S—E Ll- -- ] -4 0 Page 17 KEYNOTES INN GENERAL NOTES li 11 Ld SOUTH ELEVATION BUILDING 3 NORTH ELEVATION BUILDING 3 Lo o (3 ....................................... ................................ Ell n........... All EAST ELEVATION- BUILDING 3 Lu 4x poor WEST ELEVATION - BUILDING 3 -EXTERIOR ELEVATIONS A-4.2 Page 18 KEYNOTES 0 A F— N C I FS, E-F1:1: Ld NORTH ELEVATION-BUILDING 5 SOUTH ELEVATION BU ILDING 5 L9 13 Ill IIIIIIIII IIIIIIIIIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIIIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIII IIIIIIIIJI IFI 11 11 1 1111 1.1111 1 ill 1111.11 111 11 11111 11111 11111 1111 1111 1 FT7 Z � EAST ELEVATION BUILDING 5 EAST ELEVATION BUILDING 5 ETATCHS X-'4.4 Page 19 KEYNOTES rasa. GENERAL NOTESTP - S ;3 FW Fay ,' .F,UF It log C1 �, o spa E9 B U I L D I NG#5 .P BUILDING#1 m NORTH ELEVATION - LANARK ST. FACADE ❑ N a Z � T r w BUILDING#2 BUILDING#3 BUILDING#4 . SOUTH ELEVATION - FRANKLIN RD, FACADE ECTRIOR atvarpr� A-4.6 Page 20 KEYNOTES "ft"�11, s." 1-11 ex GENERAL NOTES Ld NORTH E L E V A T 10 N-F r X R U ILDING % SOUTH ELEVATION-FLEX BUILDING M I IM I lill 1 11:1 5y(79 WEST ELE VATION-FLEX BUILDING EAST ELEVATION-FLEX BUILDING ELIEVATONS A-4.5 Page 21 VIII. CITY/AGENCY COMMENTS A. PLANNING DIVISION Please submit a revised annexation legal description and exhibit map 15 days prior to the City Council hearing that includes the full width of the railroad right-of-way north of the subject site. 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer; a final plat will not be accepted until the DA is executed and AZ ordinance has been approved. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan,preliminary plat,landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. Prior to issuance of any building permits,the applicant shall subdivide the property in accord with UDC 11-6B. c. The uses allowed on this property are those listed in UDC Table 11-2C-2 for the I-L zoning district. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. e. Applicant shall comply with the specific use standards outlined in UDC 11-4-3-34 and UDC 11-4-3-18 for the proposed uses of Self-service Storage Facility and Flex Space Building,respectively. f. The Applicant shall comply with the Commercial architectural design standards in the City of Meridian's Architectural Standards Manual(ASM) at the time of Certificate of Zoning Compliance and Design Review submittal for the elevations facing Franklin and the east elevations of the two storage buildings adjacent to the existing residence on Parcel S 110943 8907. Preliminary Plat Conditions: 2. The preliminary plat included in Section VII.B,dated December 21,2021, shall be revised as follows at least fifteen(15)days prior to the City Council hearing: a. Show the required landscape easements adjacent to E.Lanark Street to include the parkways along Lanark and start at the back of curb. 3. The landscape plan included in Section VII.D, stamped on March 16,2022, shall be revised as follows at least fifteen(15) days prior to the City Council hearing: a. Per UDC 11-3B-7C.3, depict no more than 65%of the landscape buffer area to be comprised of grasses for all required landscape street buffers(adjacent to Franklin and Lanark). Page 22 b. Per UDC 11-3B-7C.3 for development along entryway corridors, depict additional landscape features within the 35-foot buffer along E. Franklin Road. c. Include additional trees and show they will touch at maturity along the east property boundary for a minimum of the first 185 feet measured from the back of the existing sidewalk for additional screening. d. Depict the proposed type of fencing on a sheet within the landscape plans to ensure compliance with UDC 11-3A-7 and the applicable specific use standards. Chainlink fencing with or without slats does not qualify as a screening material in accord with UDC 11-3B-5M. 4. The Applicant shall comply with all ACHD conditions of approval. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6B for nonresidential uses in the I-L zoning district. 6. Prior to City Engineers signature on a final plat,the applicant shall submit a public access easement for the multi-use pathway segment along the north boundary to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width(10' pathway and 2' shoulder on each side). 7. Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A- 12. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 10. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-613-7. 11. Applicant shall tile all irrigation facilities within the development area per UDC 11-3A-6, unless waived by City Council. 12. At the public hearing on June 7,2022,the City Council approved the Applicant's waiver request to reduce the required land use buffer along the east property line to less than 15 feet wide. B. Public Works Department Site Specific Conditions of Approval 1. City utility easements must be clear of any permanent structure including but not limited to buildings, carports,trees, shrubs,fences,infiltration trenches, light poles, etc. There appears to be a fence separating the property from Franklin Road which will need to be removed to allow for a water crossing and easement. 2. The water main in East Lanark Street must end in a blow-off for future extension. 3. Sewer must be extended to the southern boundary at Franklin Road. Page 23 4. Easements must be a minimum of 20-foot-wide per utility, or 30-foot-wide for combined utility easement, as long as the minimum separation is maintained between water and sewer mains. The depicted easement going south is currently shown as 25-foot-wide,which does not meet this requirement. 5. No permanent structures can be within a City utility easement including but not limited to buildings, carports,trash enclosures,trees,bushes,fences, light poles, infiltration trenches, etc. 6. Ensure no sewer services cross infiltration trenches. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. 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 Page 24 any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciU.oMIgublic works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an Page 25 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. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. Ada County Highway District(ACHD) https:llweblink.meridianciN.ofglWebLinkIDocView.aspx?id=260239&dbid=0&repo=MeridianC ky D. Nampa&Meridian Irrigation District(NMID) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=258728&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E): Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds annexation of the subject site with an I-L zoning designation is consistent with the Comprehensive Plan General Industrial FLUM designation for this property(see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that a map amendment to the I-L zoning district is consistent with the purpose statement for the industrial districts in UDC 11-2C-1. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Staff recommends the Commission and Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. Page 26 5. The annexation(as applicable)is in the best interest of city. City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat(UDC 11-613-6): In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 27 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Grayson Subdivision H-2022-0014) Between the City of Meridian and MM&T Holdings, LLC for Property Located at 1710 E. Amity Rd. ADA COUNTY RECORDER Phil McGrane 2022-066862 BOISE IDAHO Pgs=35 BONNIE OBERBILLIG 07/27/2022 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. MM&T Holdings, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 26th day of July 1 2022, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and MM&T Holdings, LLC, whose address is 10248 Turner Drive, Middleton, ID, 83644, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of 3.39 acres of land with a request for the R-8 zoning district on the property as shown in Exhibit"A"under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council includes responses of DEVELOPMENT AGREEMENT—GRAYSON SUBDIVISION(H-2022-0014) PACE I OF 7 government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS,on the 21 st day of June,2022,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19-2179, and the UDC, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER:means and refers to MM&T Holdings,LLC,whose address is 10248 Turner Drive, Middleton, ID, 83644, hereinafter called OWNER/DEVELOPER,the party that owns said Property and shall include any subsequent owner(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT-GRAYSON SUBDIVISION(H-2022-0014) PAGE 2 OF 7 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan,and conceptual building elevations included in Section VII and the provisions contained herein. b. The rear and/or sides of homes visible from E. Amity Road (Lots 1-8, Block 2) shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. C. A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default.In the event Owner/Developer,or Owner/Developer's heirs,successors, assigns,or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property,this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, DEVELOPMENT AGREEMENT-GRAYSON SUBDIVISION(H-2022-0014) PAGE 3 OF 7 Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service.Further,City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements,conditions,and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue.This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho,including all matters of construction,validity,performance,and enforcement.Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION:Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION:City shall record this Agreement,including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council.If DEVELOPMENT AGREEMENT-GRAYSON SUBDIVISION(H-2022-0014) PAGE 4 OF 7 for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agree to provide,if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3)days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: MM&T Holdings, LLC 10248 Turner Drive Middleton, ID 83644 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the DEVELOPMENT AGREEMENT-GRAYSON SUBDIVISION(H-2022-0014) PAGE 5 OF 7 failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official)challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing rezoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-GRAYSON SUBDIVISION(H-2022-0014) PAGE 6 OF 7 3 a I S 3 { 3 ACKNOWLEDGMENTS 7 IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: y. CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 7-26-2022 Chris Johnson, City Clerk 7-26-2022 STATE OF IDAHO ) ss: County of Ada ) On this 1_day of 2022,before me,the undersigned,a Notary Public in and for said State,personalty appeared known or identified to me to be thew of MM&T Holdings, LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Company, IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. L JONI NEAT. COMMISSION NUMBER 69407 Notary Public for NOTARY PUBLIC Residing at:_moo State of Idaho My Commission Expires: My Commission Expires 02/21/2M23 STATE OF IDAHO ) ss County ofAda ) Onthis26th dayof July 2022,before me,allotary Public,personally appearedRobert E.Simison and Chris, Johnson,known or identified tome to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-28-2028 DEVELOPMENT AGREEMENT—GRAYSON SUBDIVISION(H-2022-0014) PAGE 7 OF 7 EXHIBIT A I DA H O 9955 W Emerald St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Grayson Subdivision City of Meridian Annexation Description Project Number 21-547 February 10, 2021 Situated in the southwest quarter of the southwest quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 29, Township 3 North, Range 1 East, Boise Meridian, which bears S00030'07"W, 2651.95 feet from the west quarter-section corner of Section 29; Thence S89043'41"E, 238.00 feet along the south line of Section 29 to the Point of Beginning: Thence N00°27'04"W, 350.30 feet to the south boundary of Estancia Subdivision as filed in Book 97 of Plats at Pages 12,189 through 12,194, records of Ada County, Idaho; Thence S89°44'09"E, 421.65 feet along the south boundary of Estancia Subdivision; Thence S00030'07"E, 350.36 feet along the west boundary of Estancia Subdivision to the south line of Section 29; Thence N89043'41"W, 421.96 feet along the south line of Section 29 to the POINT OF BEGINNING. The above-described parcel contains 3.39 acres, more or less. AND S� CD 1 4 1\, (n (n PRO , , Basis of Bearings cr, F j0 S00`30'07"E 2651.95' O^ 05� _ ��� S. Locust Grove Rd. w m '� v' N r �� c0 O N I cD �yS O 5 a0 N w Ipo I C i Unplatted i a o � 0 o N O m Cn � 3 o I N00'27'04"W 350.30' J' A CrJ V/ C/) C�- P � Q � Cy o 0 ;q a o CGO V Cn � m o 3. n OD �. 0 00 J /i' v °N CA v o - amf N W O 9'om00 (C t CO 03 r D N m O � � y) 3 Z7 N O) l0 o d N d (J 01 mQ cl S J m — fD rTl O ° -PI0 S O m o_ 7 � (A m ° (D p m N Q QS00'30'07"E 350.36' � oUn 0 o (A > v N p' CO 0 a o Q' Q O fQ N On J o O I _ (n O S. Alma Ave. W S O \ F � N� 0 o p Ln V oZ Z I N 0 s89°44'09"e 421.65 } N CD O W W O v CDO W O W W O A �V N OF 421.96 n89°4 '41"w Grayson Subdivision Annexation 72/10/2022 Scale: 1 inch= 60 feet File: Tract 1:3.3921 Acres(147758 Sq.Feet),Closure:n00.0000e 0.00 ft. (1/756636),Perimeter=1544 ft. 01 n00.2704w 350.3 02 s89.4409e 421.65 03 s00.3007e 350.36 04 n89.4341w 421.96 EXHIBIT B STAFF REPORTC� fE COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT I D A H O HEARING 6/7/2022 Legend MO DATE: Project Location „ TO: Mayor&City Council EEB FROM: Joe Dodson,Associate Planner 208-884-5533 ® SUBJECT: H-2022-0014 FM Grayson Subdivision LOCATION: Located at 1710 E. Amity Road,near the northeast corner of E. Amity Road and S. - Locust Grove Road,in the SW 1/4 of the SW 1/4 of Section 29, Township 3N, � � Range 1 E. ��� I. PROJECT DESCRIPTION Request for Annexation and Zoning of 3.39 acres from RUT to the R-8 zoning district and a Preliminary Plat consisting of 15 single-family residential building lots and 3 common lots on 3.1 acres of land in the requested R-8 zoning district,by Schultz Development,LLC. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—3.39 acres; PP—3.1 acres Future Land Use Designation Medium Density Residential(MDR, 3-8 du/ac Existing Land Uses County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 18 total lots— 15 residential building lots and 3 bldg./common)) common lots Phasing Plan(#ofphases) 1 phase Number of Residential Units 15 single-family units Density Gross—4.84;Net—7.1 Open Space (acres,total None required—Approximately 12,000 square feet [%]/buffer/qualified) proposed(half of the arterial buffer,micro-path lot, and parkways) Neighborhood meeting date December 9,2021 History(previous approvals) No application history with the City Page 1 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Not at this time-Yes • Requires ACHD No Commission Action es/no Access Access is proposed via extension of the existing stub street,E. Grayson Street (Arterial/Collectors/State stubbed to the east property boundary; it is proposed to be extended into the Hwy/Local)(Existing and site and terminate in a hammerhead-type turnaround by encumbering a Proposed) building lot. Stub Grayson Street is proposed to be stubbed to the west property line for future Street/Interconnectivity/Cross connectivity. Access Existing Road Network No Proposed Road The Applicant is required to extend Grayson Street into the site and dedicate Improvements additional right-of-way for a future Amity Road widening and intersection improvements at the Locust Grove and Amity intersection to the west. Fire Service • Distance to Fire 2.4 miles from Fire Station#4;project area will eventually be serviced by Station Fire Station 7, currently under construction. • Fire Response Time The project lies inside of the Meridian Fire response time goal of 5 minutes. Once Station 7 is constructed,response times will be reduced in this area. • Resource Reliability Fire Station#4 reliability is 78%(below the goal of 80%) • Accessibility Proposed project meets all required road widths, and turnaround dimensions but proposed design of a hammerhead-type turnaround will likely be denied by ACHD. In anticipation of this,an alternative design with an offset cul-de- sac was submitted. Wastewater • Distance to Sewer Directly adjacent Services • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Flow is committed • See Public Works Site Specific Conditions Water • Distance to Services Directly adjacent • Pressure Zone 4 • Project Consistent Yes with Water Master Plan • Water Quality None Concerns • Impacts/Concerns See Public Works Site Specific Conditions Page 2 1 1 1 � �r'u`grTin Ili - � � + - • ► - ��i _ .) ' `I �- -�� i .� �' nunrn nm -- 1■■■ ■ '� ,■. ,� ,��� �--mow p-`inrn==� s r i M"'•r ;I=�._ � Ir.. •;nn-,nu.=_-- ► �, i■1 �' 'fit' �1��1`I l�i�J CAM I-TY�L�-- ■w s �. A ,� �� _ - �1i : -I1111111 • ��JT - ■ _ a rri III Inns °; ��.' � • 1 1 1 � �uuAr~iin �� �r■�,■■n -� =�Iron■. � _ tom, . _�Innn. i nrnnn nm -- nunrn mnl � ■nn� • • -• '• - �I nunrn ulnl �non��ti ■■ Ilra/l:gym - 11 n's _ __ f1�11:►m -�11 n� y 1!! �r■ ■■■■■ oil pr■■la lr■■1�.nln- � ■■ -::um '- � r'-lac� p unl ,��� �•• nn `inrn-- -noon p ��■nn ��11 'ir I nna��nn 110 -- ► mills -•- "�•-rilnun ill � ` iii �! �� uiiii Milli ■I�q I� 11111 �i■� I� 111111 1111 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 4/5/2022 5/22/2022 Radius notification mailed to properties within 500 feet 4/4/2022 5/20/2022 Site Posting 4/8/2022 5/25/2022 Nextdoor posting 4/18/2022 5/18/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject 3.1 acres currently contains a number of buildings and non-functional vehicles through the property. The property is designated as Medium Density Residential on the future land use map consistent with existing development to the east and north, Estancia Subdivision. The subject site has an existing local street(E. Grayson Street)stubbed to its east property line through Estancia so the Applicant is proposing to take access from this location which is consistent with the comprehensive plan. Directly to the west of the subject site is a smaller county residential parcel that would be required to take access through this site should it ever request annexation into the City. Because of this, the Applicant has included an anticipated redevelopment plan for that property on the submitted preliminary plat at the request of Staff— the dashed lines on this plat are only representative of a potential option and that property(1670 E.Amity) is not part of this application. The Applicant is proposing 15 building lots on 3.1 acres of land which constitutes a gross density of 4.84 units per acre and is well within the allowable range of the MDR designation. The minimum building lot size proposed is 5,489 square feet which is nearly 1,500 square feet above the minimum lot size for the requested R-8 zoning district. The adjacent Estancia Subdivision is of lower density and has larger building lots than what are proposed with this project. There are no more than 2 building lots proposed adjacent to any single existing lot along the north boundary and the Applicant has placed their drainage lot in the northeast corner of the project adjacent to two Estancia lots. Furthermore, there are 6 building lots within Estancia along the north boundary where the Applicant has proposed 7 building lots and I common lot with this project. Staff does not find the difference of one (1) building lot along this shared property line to be significant enough to recommend any lot count revision. Consistent with the existing Estancia development, the Applicant is proposing to continue the parkways and detached sidewalks into this development to match that design characteristic. The Applicant is also proposing a micro path at the southwest corner of the property to add a pedestrian connection to the required arterial sidewalk. Outside of the 18 feet of additional right- of-way required to be dedicated to ACHD, the Applicant is proposing the required street buffer and depicts a 5-foot detached sidewalk along Amity. The sidewalk along Amity should be constructed as a 10 foot wide multi-use pathway per the Meridian Parks Pathway Coordinator so Staff has included this revision with the future final plat application. Page 4 In addition to these elements, the proposed termination of the Grayson Street extension should be discussed. Specifically, this Applicant has proposed to stub Grayson to the west boundary as required by ACHD and the UDC but is showing a temporary hammerhead-type turnaround that encumbers a building lot, Lot 7, Block 1. Typically,ACHD has not allowed this type of turnaround in recent years, even on a temporary basis. The Fire Department and Planning Staff support the proposed design as it meets Fire requirements and does not make two future lots non- buildable for the near future. However, Staff anticipates ACHD will not approve this temporary turnaround. So, the Applicant has provided an exhibit showing Lots 7&8, Block 1 encumbered by an offset cul-de-sac as an alternative temporary turnaround should ACHD not allow the hammerhead. See snip below and Exhibit VII.E for this proposal: G) (D OPTION "A" OPTION "B" 48' RADIUS TEMP PAVEMENT ..................... E GRAYSON ST. Because the proposed development extends parkways and detached sidewalks and a logical site design,Staff believes annexing this land into the City to remove this small county enclave is in the best interest of the City so long as the Applicant adheres to Staffs recommended DA provisions and conditions of approval. Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA)in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a new DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Page 5 Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies (https://www.meridianciU.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Staff is not analyzing the project against any mixed-use policies but is instead analyzing the project against general policies as the project is being reviewed with the MDR designation. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density similar to the Estancia Subdivision to the north and east but is generally denser due to smaller lot sizes. However, this policy calls for a variety of housing products in every part of the City and the proposed plat accomplishes this without cramming incompatible building lots on the subject 3.1 acres by proposing slightly smaller lots than what exists in Estancia. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01G).All public utilities are available for this project site due to the existing stub street on its east boundary. Applicant is required to dedicate additional right-of-way for future Amity Road improvements. The future Fire Station 7 will place this project further within the Fire Department response time goal and Fire has approved the accesses for the proposed plat. West Ada School District has not sent a letter regarding this application but with a relative low number of homes a large number of school aged children is not anticipated to be generated by this development. Stafffinds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project is extending the detached sidewalks along Grayson Street and is proposing a micro path connection to the arterial street buffer and detached sidewalk along Amity. Stafffinds the proposed pedestrian facilities show compliance with this policy. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing lot sizes smaller than the adjacent Estancia Subdivision to the north and east but is not maximizing the allowable density. Specifically, the north property boundary is shared with 6 existing building lots and the Applicant is proposing 7 building lots and one common lot adjacent to these 6 homes. Stafffinds this difference in lot number and size to be marginal and therefore cohesive with the existing neighborhood. Furthermore, the Applicant is extending the detached sidewalks and parkways into the development and adding an additional micro path connection to Amity for better pedestrian circulation in the area. Because of the proximity of the Estancia open space and an assumption future residents would naturally utilize this existing open space area, Staff is hopeful the subject development can be made a part of the existing Estancia homeowners association to spread the maintenance cost of said open space for additional users. In addition, the Applicant is proposing a drainage lot in the northeast corner of this development which has the potential for some green space within this development. Staff recommends a small shade structure and seating area is added to this lot in order to provide some usable open space within the subject 3 acres. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is proposing to extend Grayson Street into the site and stubbing it to the west boundary for future Page 6 connectivity to the underdeveloped county parcel at the northeast corner of Amity and Locust Grove. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there appears to be a couple residential structures multiple out- buildings, and dozens of dilapidated vehicles on the subject site.Any and all structures and debris are proposed to be removed upon development of this project. Furthermore,the existing access for this site is via a driveway connection to E. Amity that will also be closed upon development. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 6,169 square feet and a minimum lot size of 5,489 square feet,based on the submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2 and all lots meet the minimum lot size requirement of 4,000 square feet and minimum street frontage requirement of 40 feet by proposing lots with a minimum of 50 feet of frontage. The Applicant has noted the development is expected to develop as one phase due to the size of the proposed project. However, any lot(s) encumbered by the temporary turnaround/cul-de-sac would be platted and labeled as non-buildable on the plat until such time as Grayson Street is extended to the west. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements except for Grayson Street being a dead-end street and greater than 500 feet in length. Per UDC 11-6C-3B.4, City Council may approve a dead-end street up to 750 in length where there is a physical barrier such as a steep slope, railroad tracks, an arterial roadway, or a large waterway that makes extension impractical. In the case of the subject site and underdeveloped county parcel to the west, the site is bordered by two arterials in Amity and Locust Grove. Furthermore, the intersection ofAmity and Locust Grove just to the southwest of this development is planned for a roundabout which has specific designs and will not allow for additional connections to these arterial streets for either of these parcels. Therefore, the subject site is encumbered by a `physical barrier"as outlined in code and the project requires a City Council waiver for Grayson Street to be a dead-end street longer than 500 feet. Staff notes that the length of Grayson Street from the existing intersection in Estancia to the west boundary of the subject site is approximately 550 feet. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding and fiber cement board and differing accent materials, roof profiles, and overall varying home styles. Stafffinds the conceptual elevations should be adhered to closely in order to offer an array of potential home designs for this subdivision. Furthermore, half of the proposed development has the rear of homes adjacent to Amity Road, an arterial street. In these cases, Staff includes a DA provision that the rear and/or side elevations of any two-story home incorporates articulation through changes in two or more of the following: modulation (e.g. Page 7 projections, recesses, step-backs,pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject arterial street. Staff has included this provision as noted. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via extension of E. Grayson Street(an existing residential local street)into the site and is proposed to terminate within the site at the west boundary for future connectivity. As discussed above,the Applicant is proposing to provide a temporary hammerhead-type turnaround instead of a temporary cul-de-sac. Staff supports this temporary turnaround design in order to save space and minimize the waste of asphalt within this development but anticipates ACHD will not approve this type of temporary turnaround. If ACHD does not approve the hammerhead design as recommended by Staff,the applicant shall restrict Lots 7 and 8 as non-buildable lots as proposed and place a note on the final plat stating these lots will be developable with the extension of the public street. Further,according to the proposed plat, Grayson is proposed as 33-foot wide local street with 5- foot detached sidewalks and 8-foot wide parkways;this street design complies with all UDC standards. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,there is opportunity for on-street parking where there are no driveways because Grayson is proposed as a 33-foot wide street section. The submitted landscape plan best shows the areas within the development where on-street parking could occur(see Exhibit VII.C). I. Sidewalks/Parkways(UDC 11-3A-17): 5-foot wide detached sidewalks and 8-foot wide parkways are proposed along the E. Grayson Street extension,consistent with UDC and ACHD requirements. The proposed sidewalks meet UDC 11-3A-17 and ACHD standards. The proposed parkways meet the minimum width requirement but do not show the correct number of trees per UDC I 1-313-7. Further analysis is in the Landscaping section below. J. Pathways (UDC 11-3A-8): Per the Pathways Coordinator and the Master Pathways Plan,a I0-foot wide multi-use pathway is required along the E. Amity Road frontage. This required pathway should be located within the required landscape buffer and outside of the ACHD right-of-way. In addition,the Applicant is proposing a 5-foot wide micro-path within a 15-foot wide common lot in the southwest corner of the project to provide a connection from the internal sidewalks to the pedestrian network along Amity. The Applicant has proposed a 5-foot wide detached sidewalk within the Amity Road street buffer which does not comply with this requirement. Therefore, Staff is including a condition of approval for the Applicant to revise the landscape plans to depict the required regional pathway within this buffer. Furthermore, this pathway should be at least four(4)feet north of the ultimate right-of-way line to allow for landscaping on both sides of the pathway and ensure the pathway is detached from the roadway and allow the 25 foot buffer to be measured from the ultimate right- of-way instead of the back of the pathway,per UDC 11-3B-7C.1 a. The proposed micro path and common lot comply with UDC standards. Further, the proposed landscaping within this lot also comply with the minimum UDC requirements. Page 8 K. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along E.Amity Road, an arterial street, landscaped per the standards in UDC Table 11-3B-7C. In addition,the proposed parkways are required to be landscaped per UDC 11-3B-7 and the proposed micro-path is required to comply with the landscape requirements in UDC 11-3B-12. The Applicant is showing a 25 foot wide common lot with 16 trees, multiple landscape beds, and other vegetative ground cover along E.Amity; this proposed landscaping complies with UDC requirements. The micro path lot is 15 feet wide and is depicted with two (2) trees which exceeds the minimum ratio in code of 1 tree per 100 linear feet as the pathway lot is approximately 100 feet long. As noted above, the proposed 8-foot wide parkways do not appear to depict the correct number of street trees. Each parkway is approximately 420 feet long which requires a minimum of 12 trees on each side of Grayson Street. The submitted landscape plans depict 8 trees within each parkway so an additional four(4) trees are needed on each side of the street. Staff is including a condition of approval consistent with this requirement. NOTE: In lieu of analyzing the common open space in a specific section because the project is below the 5 acre minimum to require common open space, Staff has analyzed this within the Comprehensive Plan analysis in Section V.A and V.B above.Within this analysis, Staff recommended a seating area be added to the drainage common lot in the northeast corner of the site for the purpose of providing some passive open space component to the development. Staff has included a condition of approval consistent with this analysis. L. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing 6-foot vinyl fencing along the rear lot lines adjacent the Amity Road landscape buffer and the subdivision boundary and is proposing 6-foot tall steel tub fencing on the west property line of Lot 8,Block 2 adjacent to the micro-path common lot. In addition,the Applicant is proposing to protect the existing 6-foot tall wood fence along the north property line. The proposed fencing meets or exceeds all UDC requirements. Staff notes, the proposed steel tube fencing along the micro path lot is not required by code because the micro path is one (1) lot deep and is fully visible from a public street. Per UDC H- 3A-7, 6-foot tall privacy fencing is allowed on both sides of this micro path if the Applicant or future homeowner desires it. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on April 28,2022. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Matt Schultz,Applicant; b. In opposition:None C. Commenting: Matt Schultz; d. Written testimony: None Page 9 e. Staff presenting application: Joseph Dodson,Associate Planner f Other Staff commenting on application: None 2. Key issue(s) testimony a. None 3. Key issue(s)of discussion by Commission: a. Location of existing cell tower(not located on subject prope!Uh b. Will open space be shared with adjacent and existing subdivision to the east,both proposed open space lot in this project and open space lot in Estancia Sub. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on June 7,2022.At the public hearing.the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Matt Schultz.Applicant. b. In opposition: None C. Commenting: Matt Schultz: d. Written testimony: Concerns over existing fence along shared boundary at north property line of subject site as well as concerns over losing a view looking south. 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. Is Applicant going to replace the fence along the shared northern boundary—Applicant agreed to replace the fence segments that are in need of replacing: b. The encumbrance of two lots for the temporary turnaround allow the project to move forward. 4. City Council change(s)to Commission recommendation: a. None Page 10 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map IDAHO 9955 W Emerald St Boise, ID 83704 SURVEY Phone: (208)846-8570 GROUP Fax: (208)884.5399 Grayson Subdivision City of Meridian Annexation Description Project Number 21-547 February 10,2021 Situated in the southwest quarter of the southwest quarter of Section 29,Township 3 North, Range 1 East,Boise Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at a brass cap marking the southwest corner of Section 29,Township 3 North, Range 1 East, Boise Meridian,which bears S00°30'07"W,2651.95 feet from the west quarter-section corner of Section 29; Thence S89143'41"E,2W00 feet along the south line of Section 29 to the Point of Beginning: Thence N00°27'04"W,350.30 feet to the south boundary of Estancia Subdivision as filed in Book 97 of Plats at Pages 12,189 through 12,194,records of Ada County, Idaho; Thence S89°44'09"E,421.65 feet along the south boundary of Estancia Subdivision; Thence S00'30'07"E,350.36 feet along the west boundary of Estancia Subdivision to the south line of Section 29; Thence N89°43'41"W,421.96 feet along the south line of Section 29 to the POINT OF BEGINNING. The above-described parcel contains 3.39 acres,more or less. ANp SG 1,3 4 Q sf ia�2. OF Page 11 cn cn PROF �, o Basis of Bearings S00'3 o 0'07"E 2651.95' __ 0 ��� S. Locust Grove Rd. O W N co cn A� W s 80 N W o Unplatted 0 3 0 N00'27'04"W 350.30' n G) cnv o � y o 0C = R. m 0 e r 3. o - z C) P. O � 00 vi m y Co Co W GI N 3 \ 3m a a_ CL S A � N _ frl A O C)S ° a 0- Ca 7 rt oT N c�D O I NS00'30'07"Eff 350.36' Cr C m U o a 7 c N x 0 ° m :3 13 o O N F S. Alma Ave. o "I s � �W R Page 12 B. Preliminary Plat(dated: 2/17/2022) PRELIMINARY'LAT SHOWING Epp N GRAYSON SUBDIVISION yrf. w LOCATED AT 1710 E AMI-"ROAD ` ADA COUNTY,MERIDIAN, IDAHO W FERRUARY,2 2C22 C7 ® ••'• .mow.�. ..w.�. iawe�. I CID -EO o TI m°°r m°y �W .w.. • ��w�.'L' W.V. — o p�' 1° 33'TVPICAL STREETrSECPON WITH 3B'ROYY ` ' I;' ------ F, NOTES r i r ppi{i -F. a e�• a"ww_ PRELIMINARY—ELOP FEAT MENT URES r ezw wa< ...w --- I ," Yir SH P1.0 Page 13 AM NEELY EI15E 4865 S Aim NE MNRiEWI L WEIE]IWN,ID umXEIDA WIC ID WH2 NDERM47EDT MW L on k6EDNLL J RXIMER HRfM MEM2 EJIERM A �,H�� 16Mdih hAEL I@{]E p111LB1f 5F IWI E QVJIffi V 1n$E pLlRr g 1T13 E bWLA1'Si TM E DN1W S1 SIMILAR iAl'LDR I-M E DAU-M ST MERdw,ID&M MEAEIRN•ID R%42 MEiMm.ID M2 IEmpnN,to Ram IE]IL'INI,D d3E{7 17779 E u�R3GNg2 IFRf]IML u 002 IEMDMO1EA JOIN NA9H'69Y 421,AV 44 M s&M HE MEFJDWN ID L%F2 71.9' 50D --aaa_ NO 50A' _ I I aJ1Ix>I E115111 CR1. 0.1� MMI F 1 CD 7 - - ; n - 1 J155W MM 4,IV SF 4111 5 M4Q AVE Q21 AC n 6A AC f Q7+1 NG 0.4 ll♦C &A75AC f G 1i IC - I MEAWN,ID 8]M2 r� I 7'9L4lNLM fkSlY:lfl J r E EMD A•piUkH N ] _ J TFDAA75 PADL A --- — -- — 1670 E AYRY RD 'r0.6' �p 52. 11 MERIDIM.ID 83W E MAgJR-j IWe I ` ' I--T-- —T —� -- ly*' — -A —r-- - — r I 1 J32T 3 -.I � t. 2%7ENWx Ff5E ENi �� ___ I I 044 SM 7 ^�Ue sr SNs W MM SF %01 SF 9,611 W 9 MW sF LOAESM s14ETI-W owmeR ruc 4 h17 AC c 2 AC m Q1Y AC $ AU AC $ 4AC $ CIA SAD $ 01.12 NC $ 0.13 AC 1515 E WWrP N 5T 18N7 E WFA15A I I b 9 42enr a 7 n 6 - - Q - Q - AH42 MEmolw,to W6 1 I I LOCh1R711 v I EX 6"R IWN I I I RICOL 2 ■ _`_—Y g 10 A24 AC _-----_—`— — ^' s"4341E 421- _ — �.. d3 —dam PD. — NXSIRIG t]'WAI V INN EP Page 14 C. Landscape Plans (date: 3/9/2022) Wd AHMmmsd .An NAnd 3fjdVOSGNV1 AHVNIVII-13dd C9 G NVICIIH-IN 14 Cd AiIAV 3 OIZl �1 NOISIAiasnS NOSAIV&D -4, p7 Nk LO h qu IRA A 1 ON 1 lu g Lots ME gi,g ng NMI,whMit mm; 0A hF90 1 z lruneu Ulm" 0211 110q1q. MEMO SAO% of M ova w IS WIN! 301 Ll Ld Its 01" N ,ji LL, 0-6 17 C- z R INS b" um MI NH" ri EwL --————————— IV wig (01 Page 15 IRRIGATION NOTES: PROJECT CALLOUT LEGEND LANDSCAPE LEGEND INFORMATION �, o Owe ® 0. 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Grayson Street extension 0 0 0 OPTION "A" OPTION "B" 48' RADIUS TEMP PAVEMENT E GRAYSON ST. � o Page 19 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The rear and/or sides of homes visible from E. Amity Road(Lots 1-8,Block 2) shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. c. A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. Preliminary Plat Conditions: 2. The applicant is seeking a Council waiver for E. Grayson Street to be a dead-end street greater than 500 feet in length,per UDC 11-6C-3B.4. 3. Per Exhibit VILE attached hereto,E. Grayson Street shall terminate along the west property boundary as either a temporary cul-de-sac or hammerhead type turnaroundif a hammerhead type turnaround is approved by ACHD, Lot 7,Block 1 shall be a non-buildable lot until such time as Grayson is further extended; if a cul-de-sac turnaround is required,Lots 7 & 8, Block 1 shall be non-buildable lots until such time as Grayson is further extended. 4. The preliminary plat included in Section VII.B, dated February 17, 2022, is approved as submitted. 5. The landscape plan included in Section VII.C, dated March 9,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Depict the correct number of street trees within the parkway per UDC 11-3B-7. b. Add seating and a shade structure within the drainage common lot(Lot 1,Block 1). c. Depict the required 10-foot wide regional pathway within the Amity Road landscape buffer and place it at least four(4)feet north of the ultimate right-of-way line to allow for landscaping on both sides of the pathway and ensure the pathway is detached from the roadway and allow the 25-foot buffer to be measured from the ultimate right-of-way instead of the back of the pathway,per UDC I I-3B-7C.I a. d. Common Lot 1,Block I shall meet minimum standards in UDC 11-3B-11. e. Common Lot 9,Block 2 shall be landscaped as proposed. Page 20 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 10. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. The walking path from the proposed development to Amity Road will require a 20-foot-wide water main easement,which shall be free from any permanent structures or encumbrances. 2. Relocate the fire hydrant at the west end of the site so it is located at the furthest east property boundary line. The line serving this hydrant shall be 8" diameter;this hydrant will be used as a blow-off until future extension of the main occurs. 3. Minimum slope for a dead-end sewer main is 0.6%. 4. Ensure no sewer services pass through infiltration trenches. 5. The geotechnical investigative report prepared by SITE Consulting,LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked Page 21 EXHIBIT A) and an 81/2"x 11"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches,canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. 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. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. Page 22 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org_/public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT hggs:11weblink.meridiancity.org/WebLink/Doc View.aspx?id=255656&dbid=0&repo=MeridianC hty D. MERIDIAN PARKS DEPARTMENT-PATHWAYS https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=255690&dbid=0&repo=Meridian C hty E. MERIDIAN PARKS DEPARTMENT—TREE MITIGATION https://weblink.m eridia n c i ty.org/WebLink/Doc View.aspx?id=255631&dbid=0&rep o=Me ridia n C ity F. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=255804&dbid=0&repo=MeridianC i &Cr=1 Page 23 G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciN.ofglWebLinkIDocView.aspx?id=256396&dbid=0&repo=MeridianC Lty H. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=258729&dbid=0&repo=MeridianC i &cr=1 I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciN.ofglWebLinkIDocView.aspx?id=260206&dbid=0&repo=MeridianC Lty IX. FINDINGS A. Annexation and Zoning(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. City Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: Page 24 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police, Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 25 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and TFC Ten Mile Mister, LLC for Use of Reclaimed Water for Landscape Irrigation and Automated Car Washing at the Mister Carwash site at 4891 N Cortona Way C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Laurelei McVey, Public Works Meeting Date: July 26, 2022 Presenter: NA Estimated Time: NA Topic: Agreement Between the City of Meridian and TFC Ten Mile Mister, LLC for Use of Reclaimed Water for Landscape Irrigation and Automated Car Washing at the Mister Carwash site at 4891 N Cortona Way. Recommended Council Action: Move to authorize the Mayor to sign the Reclaimed Water User Agreement. Background: The Mister Carwash building exists within the City's current established reclaimed water service area. This parcel is located on the corner of north Ten Mile and McMillen. The property owner desires to use the City's Reclaimed Water to irrigate landscaping as well as use inside the automated carwash. The City's Reclaimed Water Permit requires that a User's Agreement be developed between any user of the City's reclaimed water and the City. This agreement, negotiated between TFC Ten Mile Mister, LLC and the City (Laurelei McVey, Public Works) is the standard City reclaimed water user agreement utilized by all current reclaimed water users that outlines roles and responsibilities related to the delivery and use of reclaimed water. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcveyPmeridiancity.org, 208-985-1259. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E Broadway Avenue Meridian, ID 83642 RECYCLED WATER USER AGREEMENT This RECYCLED WATER USE AGREEMENT(this"Agreement") made this26tli day of July, 2022,by and among,TFC Ten Mile Mister, LLC ("User") located at 4891 N Cortona Way, Meridian ID 83646, and the and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho("City"). WHEREAS, municipalities that typically discharge wastewater to the lower basin of the Boise River have been required by the Idaho Department of Environmental Quality("IDEQ")to reduce the discharge of nutrients to the lower basin of the Boise River, and as a partial response,City has identified, as one of City's environmentally-responsible Comprehensive Plan goals. the 'use of recycled water throughout City (the terms"Recycled", "Reclaimed", and"Reuse"may be used interchangeably, and all refer to the City's Class A Reclaimed Water); WHEREAS,City has worked to implement this Comprehensive Plan goal by establishing a state-of- the-art wastewater treatment and water reclamation facility; WHEREAS, IDEQ has issued a Municipal Wastewater Reuse Permit, identified as Municipal Wastewater Reuse Permit No. M-215-03 (the"Permit"),which allows City to use the City's recycled water and allows City to contract with other parties for the use of the City's recycled water; WHEREAS, the City uses recycled water for land application option for Class A effluent at various locations as specified by allowable uses in the Permit,which will continue to conserve a significant amount of ground water and reduce City's discharge flows into surface waters; WHEREAS,City has constructed and operates a delivery system capable of delivering to User recycled water meeting the quality standards set forth herein. NOW, THEREFORE, for and in consideration of the recitals above which are incorporated below, the mutual covenants set forth herein,as well as in consideration of continued receipt of recycled water and in further consideration of such other values as may inure to City and User from the delivery and use of recycled water, City hereby agrees to deliver and User hereby agrees to receive recycled water on the following terms and conditions. 1. No Charge for Recycled Water. The cost to be paid by User for recycled water delivered by City as provided further herein shall be $0.00 (zero dollars). Whenever recycled water is utilized by the User and then returned to the sanitary sewer(examples:toilet flushing,car wash, etc.), the User will be charged the standard City rates for sewer use for that volume of water. User acknowledges that City may, in the future, adopt a commodity rate for recycled water,which rate shall apply to User. In the event that City adopts a commodity rate for recycled water this agreement will be void. 2. Quality Standards. The recycled water delivered by City to User shall meet IDEQ standards set for Class A Municipal Water. User shall not be obligated to accept recycled water from City that does not meet this standard. RECYCLED WATER USER AGREEMENT PAGE 1 OF 10 3. Place of Use. Recycled water delivered under this Agreement shall be used only on the Property, as described in this agreement. 4. Use. The recycled water delivered pursuant to this Agreement shall be used solely for the following purpose: landscape irrigation and use in an automated car wash. No other use of the recycled water shall be permitted. 5. Backflow Prevention. If a non-potable or potable,supplemental water source is interconnected with City's recycled water system, reduced pressure backflow prevention assemblies shall be installed, at the sole expense of the User, on both the other irrigation and potable water sources and the Class A source to prevent any cross connections between the recycled water and the supplemental water source. All backflow prevention assemblies shall be approved by City prior to installation, and tested on an annual basis. User is responsible for the maintenance and annual testing of all such backflow prevention assemblies. 6. Automated Valving-Potable Water Redundancy At the sole expense of the User, an automated valving system will be installed that will automatically switch between reuse and potable water in the carwash facility in the event that the reuse system is unavailable at the desired pressure or offline. It is the sole responsibility of the User to maintain and repair this system. City shall use all good faith efforts to notify User within one (1) day of City's inability to deliver to User recycled water and the reason therefor. 7. Metering. User shall be required to meter the quantity of recycled water delivered to the Property for each type of use. The meter(s)shall meet standard City specifications and shall be accessible to City. The cost of the meter installation shall be the sole responsibility of the User. 8. Quantity and Schedule. The City's recycled water production is limited due to production and pumping capacities. In order to maximize the City's production ability, the Users agrees to restrict water usage to the following period(s): Water may be used for landscape irrigation only from March 15th-October 31 st each year. Currently no time of day restrictions on use apply; however, the City may implement such restrictions as may be needed to ensure capacity and pressure for all users, at any time. Water used in the carwash facility has no date or time of day restriction. The City may implement such restrictions as may be needed to ensure capacity and pressure for all users, at any time. In the event of a shortage of recycled water available,priority in delivery shall be given to City owned sites. The period of use can change upon seven (7)days' notice from the City. The City reserves the right to additionally restrict use quantities. 9. Compliance with Regulations. User agrees to comply,at User's sole cost and expense,with all state, federal and local laws, regulations and standards,as now exist, or are later lawfully enacted, relating to the use of recycled water after City's delivery of recycled water to the Property. City agrees to comply, at its sole cost and expense, with all state, federal and local laws,regulations and standards, as now exist, or are later lawfully enacted, relating to the recycled water system and the treatment, delivery and use of recycled water prior to City's delivery of recycled water to the Property. Such laws, regulations, and standards may include,but are not limited to: requirements and restrictions governing use of the recycled water, limits on recycled water contact with employees, guests, members of the public and adjoining properties,control of access to the recycled water, the recycled water system, and the area of recycled water storage and use, and warning signs on the delivery system and the area of use. The User agrees to follow all policies,procedures, and specifications outlined in the most current version of the Reclaimed Water User Manual provided to the user. The User will ensure no runoff or ponding resulting from use of recycled water on their site. The User RECYCLED WATER USER AGREEMENT PAGE 2 OF 10 agrees to provide the Reclaimed Water User's Manual to any person working on or around the reclaimed system. The User will install and maintain all reclaimed infrastructure beyond the point of delivery according to guidelines established in the Permit, including: All exposed and above ground piping, risers, fittings, pumps,and valves shall be purple in color(Pantone 512, 522 or other approved equivalent); all piping shall be purple in color(Pantone 512, 522 or other approved equivalent)and identified using an accepted means of labeling. User shall install signs on the Property in connection with use of the recycled water. Warning signs and labels shall read, in both English and Spanish,"Caution: Recycled Water—Do Not Drink; Agua Reclamada-No Beber"or equivalent. Example signage is included in Exhibit C. 10. Commencement of Service. User agrees to give City fifteen (15) days' notice prior to the first time service is initiated under this Agreement. 11. Term. The term of this Agreement shall be coterminous with the term of the Permit and any renewal or replacement thereof, unless earlier terminated by either Party. 12. Resale of Recycled Water. Users shall not resell recycled water delivered by City under this Agreement. 13. Approval. The parties hereto acknowledge that, under existing and proposed regulations, this Agreement has been generally approved as to form by DEQ. The parties hereby agree to modify this Agreement in writing to the extent that such amendment is reasonably necessary in order to comply with DEQ requirements or regulations promulgated by DEQ. 14. Inspection. Users acknowledge and agree that in order to verify compliance with this Agreement or with applicable laws and regulations, City, State, or other agencies with appropriate jurisdiction may inspect the recycled water system at the Property, with notice,at a reasonable time annually, or without notice in emergency situations or where necessary to ensure compliance. 15. Approvals and Notifications. Users specifically acknowledge that it has the responsibility to inform, notify, and/or request inspection and approvals from various agencies, including the City's Building Department, for certain activities relating to the construction, maintenance, and operation of the recycled water system on the Property, including,but not limited to: materials; construction; facility testing; violations;and emergency situations. 16. Termination; cure. Users may terminate this Agreement at any time for no cause with ten (10)days written notice to City. Notwithstanding the foregoing,the parties further agree that if City or User believe that grounds for termination occur as a result of a default, the defaulting party shall have thirty(30)days after mailing of notice of such default to correct the same prior to the non-defaulting party's seeking of any remedy provided for herein; provided,however,that in the case of any such default which cannot with diligence be cured within such thirty(30) day period,if the defaulting party shall commence to cure the same within such thirty(30)day period and thereafter shall continue efforts to cure with diligence and continuity, then the time within which such may be cured shall be extended for such period as may be necessary to complete the cure with diligence and continuity. If the defaulting party fails to cure or make efforts to cure the default as set forth herein, this Agreement may be terminated by either party upon sixty(60)days' written notice. Grounds for termination shall include: a. Either party's failure to comply with any provision of the Manual; b. Either party's default or violation of any provision of this Agreement; c. Either party's failure to comply with the Permit; d. The purpose(s)for the use of recycled water,as described in this Agreement, no longer exist;or e. Changes in DEQ permitting or other regulatory requirements make continued operation of City's recycled water system a nonviable option. RECYCLED WATER USER AGREEMENT PAGE 3 OF 10 17. Reclaimed Water Users' Manual. Where there is a conflict between this Agreement and the Manual, the provisions of the Manual shall apply. The User is responsible for awareness of, and compliance with, all requirements of the Manual and all IDEQ regulations. 18. Mutual Cooperation. City and User shall mutually cooperate and expeditiously perform all acts necessary or appropriate to discharge all obligations contained in or contemplated by this Agreement, and with respect to any other matters that may arise in connection with the Property and/or the recycled water and recycled water system not reasonably foreseeable by User or City as of the date of this Agreement. 19. Miscellaneous. (a) Notices. Any notice required to be given hereunder shall be in writing and shall be deemed effectively given: (1)upon personal delivery to the party to be notified; (2)when sent by confirmed electronic mail (i.e., e-mail); or(c) upon deposit in the U.S. mail. All communications shall be to the respective parties to this Agreement at the following addresses: City: PW Director 3401 N Ten Mile Rd, Meridian ID 83646 E-mail: lmcvey@meridiancity.org User: Mister Car wash Jeremey Falcon 520-444-8191 e-mail:jfalcon@mistercarwash.com (b) Time is of the Essence. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. (c) Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions and understandings between User and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between User and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. (d) Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. (e) Invalid Provisions. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. RECYCLED WATER USER AGREEMENT PAGE 4 OF 10 (f) Compatibility. This Agreement is intended to be supplemental to all other local, City, State and Federal Code requirements, rules and regulations, and is established to assure compatibility of the resulting land use with the surrounding area. Provided,however,that to the extent this Agreement conflicts with any provision of the Meridian City Code, other than a future duly adopted Amendment to Meridian City Code in connection with a commodity rate for recycled water, this Agreement shall prevail to the extent permitted by law. (g) Relationship of the Parties. It is hereby specifically understood and acknowledged that development of the Property is a private project and that neither City nor User will be deemed to be the agent of the other for any purpose whatsoever. (h) Excusable Non-Performance. In the event of an Act of God,natural catastrophe, war, civil insurrection, accidents, acts of governmental or judicial bodies other than City, or any unexpected occurrences beyond the control of either party which shall materially interfere with the ability of City to deliver recycled water to User, or the ability of User to accept, transmit or distribute recycled water,the failure of either party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. The maintenance and operation of City's sewer system and of the Meridian Wastewater Treatment Plant shall be solely within the discretion of City;and in the event City discontinues the treatment plant operation and the treatment plant is not replaced by another plant,all obligations of either party to perform shall cease without prejudice to any claimed or asserted rights of either party existing prior to the execution of this Agreement. (i) Attorneys' Fees. Should any litigation be commenced between the parties hereto concerning this Agreement,court costs and reasonable attorneys' fees shall be determined and awarded by a Court of competent jurisdiction as allowed by law. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 0) Remedies Cumulative. All remedies herein are cumulative and, to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of City and/or User. (k) Governing Law. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 4th Judicial District of the State of Idaho, Ada County, or in the United States District Court for the District of Idaho. (1) Waiver. Waiver by City or User of any breach of any term, covenant or condition shall not be deemed to be a waiver of that term,covenant or condition on any subsequent breach of such term, covenant or condition or any other term, covenant or condition. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or User unless the waiver is in writing by City or User. (m) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. RECYCLED WATER USER AGREEMENT PAGE 5 OF 10 [Signattu'e Pages Follows] IN WITNESS WHEREOF, the panics licreto have duly approved and executed this Recycled Water Use Agreement as of the date first written above. USER: Mister Car Wash STATE OF UTAH ) ss: County of_Shc-' La e,_ ) i HEREBY CERTIFY that on this_IP day of J0ki before the undersigned,a Notary Public in the State of Utah, /�— personally appeared _ oA t T ovr ,proven to me to 1�4 Ile Mister,LL be the person who executed the said ins ►ment,and acknowledged to me that he executed the same. iN WITNESS WHEREOF,I have hereunto set my hand and r — — — — — — — — — — affixed my official seal,the day and year in this certificate first °'d e Notary Public State of Utah, above written. AMY GALBRAITH f Comm. #718713 I lr. My Commission Expires � ]N�ota �'_ub or tali June 4.2025 ResidinTat SA LAO Ct . Utah My Conunission Expires: b 2-0 CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-26-2022 Cliris ,iohnson, City Clerk 7-26-2022 STATE OF IDAHO ) : ss County of Ada } I HEREBY CERTIFY that on this Mill day of July 2022 before the undersigned, personally appeared ROBERT E. SiMiSON and CHiRS.iOHNSON,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho 3-28-2028 My Commission Expires: RECYCLED WATER USER AGREEMENT PACE 6 OF 10 Schedule of Exhibits: Exhibit A Legal Description of the Property Exhibit B Site Plan Depicting Point of Delivery of Recycled Water Exhibit C Recycled Water Signage Text Example and Location RECYCLED WATER USER AGREEMENT PAGE 7 OF 10 EXHIBIT A Legal Description of the Property User Parcel: Parcel: R9010680081 Year: 2021 Parcel Status: Active in 2021 Primary Owner: NWDC TEN MILE LLC Zone Code: C-G Total Acres: 1.322 Tax Code Area: 03 Instrument Number: 2020150605 Assessor ID: PAR#0081 OF LOTS 10-11 BLK 12 VERONA SUB NO 04 AMD PARCEL E ROS 12081 #0090-S #0100-S RECYCLED WATER USER AGREEMENT PAGE 8 OF 10 EXHIBIT B Site Plan Depicting Point of Delivery of Recycled Water RECYCLED WATER USER AGREEMENT PAGE 9 OF 10 EXHIBIT C Recycled Water signage is required to be installed on all logical points of entry (sidewalk enhances) around facilities and property where reclaimed water is used. Signage will be required at entry points to the car wash facility to inform patrons, employees, and contractors that reclaimed water is used inside the facility. The example signage below can be utilized in its entirety as is or modified as long as it contains the required information as stated in this agreement. If the User decides to modify this signage, it is recommended that they submit the design to the City to ensure the design is compliant with the requirements of this agreement prior to installation. WATER CONSERVATION _. Conserving THROUGH REUSE! v�•; Idaho's Wafer CAUTION IRRIGATED WITH RECLAIMED WATER CAUTION DO NOT DRINK - CAR WASH USING RECLAIMED WATER AGUA RECLAMADA-NO BEBER DO NOT DRINK Cjt1 ,(E IDI� IAN,- AGUA RECIAMADA-NO BEBER 77 i RECYCLED WATER USER AGREEMENT PAGE 10 OF 10 X OrQ i N IP fD � Ir i• A� I I~ O 3 III � A�� -h gl: v m `rr A la } K rm r 1"h R s m x -F-L r+ OrQ r+ ---------- -h ET m Rill -g fill h LI 4L 40 4 ----------- 1 - E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Settlement Agreement for Firenze Plaza Sewer Line Construction C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Warren Stewart, Public Works Meeting Date: July 26, 2022 Presenter: NA Estimated Time: NA Topic: Settlement Agreement for Firenze Plaza Sewer Line Construction Recommended Council Action: Move to authorize the Mayor to sign the Settlement Agreement with L2 Excavation, LLC. Background: During the construction of the sewer lines for Firenza Plaza(Albertsons at Eagle and Amity Roads), L2 Excavation installed 2 segments of sewer line with slopes flatter than those allowed by the City of Meridian specifications. By the time the error was identified, the roads had been paved, and Albertsons was planning the opening of the new store. Public Works staff did some analysis and determined that at full buildout, the sewer line would have sufficient flow to clean the pipe adequately. However, in the interim, there will be a need clean the pipe annually to insure the line functions well and doesn't become plugged. Rather than require the contractor to remove and replace approximately 400 feet of sewer line and replace it to meet our specifications, they agreed to pay to have the pipe cleaned for the next ten years. This will allow the development to fully build out, and peak flows will be high enough to keep the line clean. Under the circumstances, this seems like a reasonable compromise that will put the burden of increased maintenance cost on the builder until flows can grow to a point where extra maintenance is no longer needed. IMPACT A. Strategic Impact: This compromise will allow the Albertsons to open as planned and mitigate the additional maintenance cost to the city from the out of spec sewer line. B. Service/Deliver pact: Firenze Plaza will have immediate access to sewer service, and the roadways will remain usable. C. Fiscal Impact: There will be no additional cost to the City of Meridian. ALTERNATIVES Reject the agreement and have the contractor replace the deficient sewer line. This would delay the project by several weeks. TIME CONSTRAINTS This agreement needs approval in order to complete all the requirements needed for a full Certificate of Occupancy. SETTLEMENT AGREEMENT _ This SETTLEMENT AGREEMENT("Agreement"), is entered into this 26th day of 2022 ("Effective Date"), between L2 Excavation, LLC ("Subcontractor"), a general bitsiness corporation organized under the laws of the State of Idaho, whose address is 2817 Brandt Avenue,Nampa, Idaho, 83687, and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 (collectively, "Parties"). WHEREAS, Subcontractor obtained City of Meridian excavation permit no. C-EXC- 2021-0114 and, pursuant to such permit, installed water lines, storm drains, grease interceptors, and the sewer line serving 4657 S. Eagle Road ("Sewer Line"); WHEREAS, upon inspection, City discovered that Subcontractor has failed to install the Sewer Line at the proper slope, and as a result, the velocity of flow through the line will be inadequate until additional sewer users are connected in the area; WHEREAS, to avoid clogs, obstructions,and other problems likely to result from the low velocity of the flow, the Sewer Line installed by Subcontractor will either need to be replaced, or cleaned regularly until all of the buildings served by the Sewer Line are occupied, which time is projected to be at least ten (10) years; WHEREAS, in order to prevent delays in opening the businesses served by the Sewer Line, City is willing to assume responsibility for such regular cleaning, at Subcontractor's expense, pursuant to this Agreement; WHEREAS, including necessary traffic control and conditions reports, such cleaning is estimated to cost approximately$500.00 per year; and WHEREAS,to resolve this matter in lieu of replacing the Sewer Line, the Parties have agreed to enter into this Agreement; NOW,THEREFORE, in consideration of the mutual covenants,representations and obligations contained herein, and other good and valuable consideration, the Parties hereby agree as follows: 1.SETTLEMENT TERMS.Subcontractor will make a one-time payment of five thousand dollars ($5,000.00)to City. City shall assume responsibility for cleaning the Sewer Line as needed until the need for such cleaning is obviated by an adequate number of users connected to the Sewer Line. 2.RELEASE OF REQUIREMENT. For good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, City releases Subcontractor from the requirement that the Sewer Line be installed at a slope of 0.4%. City does not, by this Agreement, release Subcontractor from responsibility for any other defect or issue related to installation of the Sewer Line. SETTLEMENT AGREEMENT PAGE I 3.INTEGRATION. This Agreement contains the entire agreement between the Parties and supersedes all prior agreements.No change or modification of this Agreement shall be valid or binding unless it is in writing and signed by the party intended to be bound. 4.GoVERNING LAW.The construction and interpretation of this Agreement shall be governed by the laws of the State of Idaho. Any action to enforce this Agreement shall be brought in Ada County, State of Idaho. In any action to interpret or enforce the terms of this Agreement, whether in law or equity,the prevailing party shall be entitled to collect its attorneys' fees and all other costs and expenses of any litigation or other remedies of enforcement. S. No ADMISSION Or LIABILITY.The Parties acknowledge that this Agreement is the compromise of a claim, and that the consideration given is not to be construed as either Party's admission of liability. G.REPRESENTATIONS AND WARRANTIES. In entering into this Agreement, neither of the Parties hereto has relied upon any facts or representations presented or made by any other Party, other than those limited facts and representations specifically set forth in this Agreement. Each of the signatories to this Agreement represents and warrants that such signatory has been duly authorized to enter into this Agreement on behalf of the Party for whom such signatory has executed this Agreement. In entering into this Agreement, each Party has received independent legal advice from an attorney of its choice. Each Party enters into this Agreement of its own volition, without compulsion of any kind, and after a full opportunity to consider this matter with its own legal advisor. 7.SUCCESSORS AND ASSIGNS. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. 8.INJUNCTIVE RELIED.The Parties acknowledge that damages arising from the material breach of this Agreement may be difficult to identify and that the potential harms are likely to be of an ongoing nature, cannot be reasonably or adequately compensated by damages in any action at law, and breach of this Agreement will cause the Parties irreparable injury and damage. Therefore, the Parties expressly agree that the other Parties may be entitled to obtain injunctive relief in the event of, or to prevent, a material breach of any provision of this Agreement by the other Parties. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. SUBCONTRACTOR L2 EXCAVATION,LLC 'L Kelly L wncr/Member L2 Ex�ca Lion, LLC SETTLEMENT AGREEMENT PAGE 2 STATE OF IDAHO } : ss County of ('a ) I HEREBY CERTIFY that on this 11* day of_S� 2022,before the undersigned,a Notary Public in the State of Idaho,personally appeared KELLY LANE,prAven to me to be the person who executed the said instrument,and acknowledged to me that such person executed the same. IN WITIit jfittW14FREOF,I have hereunto set my hand xed my official s e d an ear in this certificat�--,, �e '1y�k . &):°r10TAR j,a u lic for Idaho .... PVBOG Residing at /�Ct Idaho My Commission Expires: O� ! rpi i iu� CITY OF MERI��IAN: BY: Attest: Robert E. Simison, Mayor 7-26-2022 Chris Johnson, City Clerk -26-2022 STATE OF IDAHO ) :ss County of Ada I HEREBY CERTIFY that on this 26th day of JUIy 2022 before the undersigned,personally appeared ROBERT E. SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City oi'Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 SETTLEMENT AGREEMENT PAGE 3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approval of Design Build AIA Agreement with American Ramp Company for the Discovery Park Bike Push Track Design Phase for the Not-To-Exceed Amount of$71,500.00 C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: July 26, 2022 Presenter: Consent Estimated Time: N/A Topic: Approval of Design Build AIA Agreement with American Ramp Company for the Discovery Park Bike Push Track Design Phase for the Not-To-Exceed Amount of $71,500.00. Recommended Council Action: Approval of Design Build AIA Agreement with American Ramp Company for the Discovery Park Bike Push Track Design Phase for the Not-To-Exceed Amount of$71,500.00. Background: This agreement is the final result of negotiations with ARC and City Procurement and Legal staff. The City issued an RFP that did not receive any responsive proposals. Once Final Design is completed and the project has been bid by ARC, an AIA Amendment for the construction phase will be presented to Council for approval. 0 ffl' Document A141 TM - 2014 Exhibit A Design -Build Amendment This Amendment is incorporated into the accompanying AIA Document A141Tm-2014, Standard Form of Agreement Between Owner and Design-Builder dated the day of in the year 2022 (the " Agreement" ) (In lvords, indicate day, month and year.) ADDITIONS AND DELETIONS : The author of this document has for the following PROJECT : added information needed for its (Na»/e and location or address) completion . The author may also have revised the text of the original AIA standard form . An Additions and Discovery Park Phase H, Bike Pump Track Design-Build Deletions Report that notes added information as well as revisions to the standard form text is available from THE OWNER: the author and should be reviewed . A (Name, legal status and address) vertical line in the left margin of this document indicates where the author City of Meridian Department of Parks and Recreation has added necessary information 33 E . Broadway Ave, Meridian, ID 83642 and where the author has added to or deleted from the original AIA text. THE DESIGN" BUILDER : (Name, legal stators and address) This document has important legal consequences . Consultation with an attorney is encouraged with respect American Ramp Company, Inc to its completion or modification . 601 McKinley Joplin, MO 64801 Consultation with an attorney is also encouraged with respect to The Owner and Design-Builder hereby amend the Agreement as follows . professional licensing requirements in the jurisdiction where the Project is TABLE OF ARTICLES located . A. 1 CONTRACT SUM A. 2 CONTRACT TIME A. 3 INFORMATION UPON WHICH AMENDMENT IS BASED AA DESIGN" BUILDER' S PERSONNEL, CONTRACTORS AND SUPPLIERS A. 5 COST OF THE WORK ARTICLE A. 1 CONTRACT SUM § A . 1 . 1 The Owner shall pay the Design-Builder the Contract Sum in current funds for the Design-Builder ' s performance of the Contract after the execution of this Amendment . The Contract Sum shall be one of the following and shall not include compensation the Owner paid the Design-Builder for Work performed prior to execution of this Amendment : (Paragraph deleted) [ X ] Cost of the Work plus the Design-Builder' s Fee with a Guaranteed Maximum Price, in accordance with Section A . 1 . 4 below (Based on the selection above, complete Section A . 1 . 2, A . 1 . 3 or A . 1 . 4 below.) Init. AIA Document A141 '" — 2014 Exhibit A. Copyright © 2004 and 2014 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 1 by AIA software at 16:34 : 15 ET on 06/23/2022 under Order No .2114337269 which expires on 06/22/2023 , is not for resale, is licensed for one-time use only, and I may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations , e-mail copyright@aia . org . User Notes : (1414286710) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § A.1 .4 Cost of the Work Plus Design"Builder's Fee With a Guaranteed Maximum Price § A. 1 .4.1 The Cost of the Work is as defined in Article A. 5, Cost of the Work. § A. 1 .4.2 The Design-Builder' s Fee: (Paragraphs deleted) Included in Guaranteed Maximum Price. § A. 1 .4.3 Guaranteed Maximum Price § A. 1 .4.3 . 1 The sum of the Cost of the Work and the Design-Builder' s Fee is guaranteed by the Design-Builder not to exceed an amount mutually agreed to by the parties at the time of the Submission of the Design-Builder Proposal required by Section 1 . 1 .7.4 of AIA Document A141Tm-2014, Standard Form of Agreement Between Owner and Design-Builder ($ TBD ), subject to additions and deductions for changes in the Work as provided in the Design-Build Documents. Costs that would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design-Builder without reimbursement by the Owner. (Insert speck provisions if the Design-Builder is to participate in any savings.) § A.1 .4.3.2 Itemized Statement of the Guaranteed Maximum Price Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Design-Builder' s Fee, and other items that comprise the Guaranteed Maximum Price .tbd (Provide information below or reference an attachment.) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § A.1 .5 Payments § A.1 .5 . 1 Progress Payments § A.1 .5.1 .1 Based upon Applications for Payment submitted to the Owner by the Design-Builder, the Owner shall make progress payments on account of the Contract Sum to the Design-Builder as provided below and elsewhere in the Design-Build Documents . § A. 1 .5. 1 .2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows : § A . 1 . 5 . 1 . 3 City of Meridian Payment Terms are Net 30 from the date the City receives a correct invoice § A. 1 .5.1 .4 With each Application for Payment where the Contract Sum is based upon the Cost of the Work, or the Cost of the Work with a Guaranteed Maximum Price, the Design-Builder shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner to demonstrate that Init. AIA Document A141 " — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA, " the AIA logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced 2 by AIA software at 16:34: 15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and t may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414286710) cash disbursements already made by the Design-Builder on account of the Cost of the Work equal or exceed (1 ) progress payments already received by the Design-Builder, less (2) that portion of those payments attributable to the Design-Builder's Fee; plus (3) payrolls for the period covered by the present Application for Payment. § A.1 .5. 1 .5 With each Application for Payment where the Contract Sum is based upon a Stipulated Sum or Cost of the Work with a Guaranteed Maximum Price, the Design-Builder shall submit the most recent schedule of values in accordance with the Design-Build Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. Compensation for design services, if any, shall be shown separately. Where the Contract Sum is based on the Cost of the Work with a Guaranteed Maximum Price, the Design-Builder's Fee shall be shown separately. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule of values, unless objected to by the Owner, shall be used as a basis for reviewing the Design-Builder' s Applications for Payment. § A.1 .5. 1 .6 In taking action on the Design-Builder' s Applications for Payment, the Owner shall be entitled to rely on the accuracy and completeness of the information furnished by the Design-Builder and shall not be deemed to have made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Sections A. 1 .5 . 1 .4 or A. 1 .5 . 1 .5, or other supporting data; to have made exhaustive or continuous on-site inspections; or to have made examinations to ascertain how or for what purposes the Design-Builder has used amounts previously paid. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's auditors acting in the sole interest of the Owner. § A. 1 .5.1 .7 Except with the Owner' s prior approval, the Design-Builder shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. (Paragraphs deleted) § A.1 .5.4 Progress Payments-Cost of the Work Plus a Fee with a Guaranteed Maximum Price § A.1 .5.4.1 Applications for Payment where the Contract Sum is based upon the Cost of the Work Plus a Fee with a Guaranteed Maximum Price shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of ( 1 ) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (a) the expense that has actually been incurred by the Design-Builder on account of that portion of the Work for which the Design-Builder has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § A. 1 .5.4.2 Subject to other provisions of the Design-Build Documents, the amount of each progress payment shall be computed as follows : .1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values . Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 6 .3 . 9 of the Agreement. .2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 Omitted; .4 Subtract retainage of 5 percent ( five %) from all progress payments; .5 Subtract the aggregate of previous payments made by the Owner; .6 Subtract the shortfall, if any, indicated by the Design-Builder in the documentation required by Section A . 1 . 5 . 1 .4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and Init. AIA Document A141 W — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, ' "AIA,' the AIA Logo, and 'AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced 3 by AIA software at 16:34:15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1414286710) .7 Subtract amounts, if any, for which the Owner has withheld or nullified a payment as provided in Section 9 . 5 of the Agreement. § A.1 .5.4.3 The Owner and Design-Builder shall agree upon ( 1 ) a mutually acceptable procedure for review and approval of payments to the Architect, Consultants, and Contractors and (2) the percentage of retainage held on agreements with the Architect, Consultants, and Contractors; and the Design-Builder shall execute agreements in accordance with those terms . § A. 1 .5 .5 Final Payment § A.1 .5.5 .1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Design-Builder not later than 30 days after the Design-Builder has fully performed the Contract and the requirements of Section 9. 10 of the Agreement have been satisfied, except for the Design-Builder' s responsibility to correct non-conforming Work discovered after final payment or to satisfy other requirements, if any, which extend beyond final payment. § A. 1 .5.5.2 If the Contract Sum is based on the Cost of the Work, the Owner' s auditors will review and report in writing on the Design-Builder' s final accounting within 30 days after the Design-Builder delivers the final accounting to the Owner. Based upon the Cost of the Work the Owner' s auditors report to be substantiated by the Design-Builder' s final accounting, and provided the other conditions of Section 9 . 10 of the Agreement have been met, the Owner will, within seven days after receipt of the written report of the Owner' s auditors, either issue a final Certificate for Payment, or notify the Design-Builder in writing of the reasons for withholding a certificate as provided in Section 9.5 . 1 of the Agreement. ARTICLE A.2 CONTRACT TIME § A.2.1 Contract Time, as defined in the Agreement at Section 1 .4 . 13 , is the period of time , including authorized adjustments, for Substantial Completion of the Work. § A.2.2 The Design-Builder shall achieve Substantial Completion of the Work not later than (Paragraphs deleted) the date set forth in Section 1 . 1 .7.4 of AIA Document A147111-2014, Standard Form of Agreement Between Owner and Design-Builder, subject to adjustments of the Contract Time as provided in the Design-Build Documents . (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Contract Sum and Contract Time set forth in this Amendment are based on the following: § A.3.1 .1 The Supplementary and other Conditions of the Contract: Document Title Date Pages § A.3.1 .2 The Specifications : (Either list the specifications here or refer to an exhibit attached to this Amendment.) Section Title Date Pages § A.3.1 .3 The Drawings . (Either list the drawings here or refer to an exhibit attached to this Amendment.) Init. AIA Document All 41 '" — 2014 Exhibit A. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, " "AIA," the AIA Logo , and "AIA Contract Documents" are registered trademarks and may not be used without permission . This document was produced 4 by AIA software at 16:34 : 15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/2212023, is not for resale, is licensed for one-time use only, and t may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414286710) Number Title Date (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § A.3.1 .5 Allowances and Contingencies : (Identify any agreed upon allowances and contingencies, inchlding a statement of their basis.) .1 Allowances .2 Contingencies § A.3.1 .6 Design-Builder's assumptions and clarifications : § A.3.1 .7 Deviations from the Owner' s Criteria as adjusted by a Modification: § A.3.1 .8 To the extent the Design-Builder shall be required to submit any additional Submittals to the Owner for review, indicate any such submissions below: ARTICLE A.4 DESIGN=BUILDER'S PERSONNEL, CONTRACTORS AND SUPPLIERS § A.4.1 The Design-Builder' s key personnel are identified below: (Identify name, title and contact information) .1 Superintendent .2 Project Manager .3 Others I i § A.4.2 The Design-Builder shall retain the following Consultants, Contractors and suppliers, identified below : (List name, discipline, address and other information) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) Init. AIA Document A141 ' — 2014 Exhibit A. Copyright @ 2004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects,' "AIA,' the AIA Logo , and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced 5 by AIA software at 16:34: 15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and t may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1414286710) § A.5.1 .6 Other Costs and Emergencies § A. 5.1 .6 .1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. § A.5.1 .6 .2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property . § A.5. 1 .6.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Design-Builder, Contractors or suppliers, provided that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Design-Builder and only to the extent that the cost of repair or correction is not recovered by the Design-Builder from insurance, sureties, Contractors, suppliers, or others. (Paragraphs deleted) § A.5.2 Costs Not to Be Reimbursed as Part of this Contract The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Design-Builder's personnel stationed at the Design-Builder' s principal office or offices other than the site office, except as specifically provided in Section A. 5 . 1 . 1 ; .2 Expenses of the Design-Builder' s principal office and offices other than the site office; . 3 Overhead and general expenses, except as may be expressly included in Section A .5 . 1 ; .4 The Design-Builder' s capital expenses, including interest on the Design-Builder' s capital employed for the Work; , 5 Except as provided in Section A.5 . 1 .6 .3 of this Agreement, costs due to the negligence or failure of the Design-Builder, Contractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; . 6 Any cost not specifically and expressly described in Section A. 5 . 1 ; and .7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. (Paragraphs deleted) § A.5.5 Accounting Records The Design-Builder shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under the Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner' s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, the Design-Builder' s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Contractor' s proposals, purchase orders, vouchers, memoranda and other data relating to the Contract. The Design-Builder shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. § A.5.6 Relationship of the Parties The Design-Builder accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to exercise the Design-Builder' s skill and judgment in furthering the interests of the Owner; to furnish efficient construction administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner' s interests. This Amendment to the Agreement entered into as of the day and year first written above. OWNER (Signature) DESIGN-BUILDER (Signature) Robert E. Simison, Mayor (Printed name and title) (Printed name and title) Init. AIA Document A141 '" — 2014 Exhibit A. Copyright @ 2004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects, " "AIA," the AIA Logo , and "AIA Contract Documents" are registered trademarks and may not be used without permission . This document was produced 6 by AIA software at 16:34:16 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and t may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1414286710) Additions and Deletions Report for AIA° Document A 141 - 2014 Exhibit A 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 16 : 34: 15 ET on 06/23/2022 , PAGE This Amendment is incorporated into the accompanying AIA Document A141T"L2014, Standard Form of Agreement Between Owner and Design,,Builder dated the day of in the year 2022 (the "Agreement" ) son Discovery Park Phase I1, Bike Pump Track Design-Build City of Meridian Department of Parks and Recreation 33 E . Broadway Ave, Meridian, ID 83642 not American Ramp Company, Inc 601 McKinley Joplin, MO 64801 one (Gheek theappi4elwaiate h ,,,- 1 [—+ ] Cost of the Work plus the Design-Builder' s Fee , in aeoer-danee with Seetien ^ ' � hol .,, , r r i Cast of theWork plus the Design Buil er +Fee with a Guaranteed Maximum Price, in accordance with Section A . 1 .4 below PAGE 2 § A . 1 .2 Stipulated Sum § A. 1 .2 . 1 The Stipulated Sum shall be subjeet te atitherized adjustments as provided in the Design Build ;ems § A. 1 .2 .2 The Stipulated Suffl is based iipan the fellawing alternates , if any, whieh are desefibed in the Design Build Tl...", merit. and are hereby aeeepted by the Owfia,-. No Additions and Deletions Report for AIA Document A141 " ,m2014 Exhibit A. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects , " "AIA, " the AIA Logo , and "AIA Contract Documents" are registered trademarks and may not be used without 1 permission . This document was produced by AIA software at 16:34: 15 ET on 06/23/2022 under Order No. 2114337269 which expires on 06/2212023 , is not for resale, is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1414286710) § A 4 9 3 Unit ««iees if afty iYtem I In 'ts and I imitatieffs. Pke per I . f17 /1 /11 § A 4 , . .3 GGSt Of the WGFk DL .s Design_ QildeF'S Fee § A �1 '! 1 The Cost of \ll ledE is as defified in Aftiele A [ Cost efthe 3F /.,, 1. R A 4 2 :Ihe Desie„ Buil .le f' s Fee : the ...,. etL. e ,l f.. ,. ,jitst...,.ent to the iee f r eL..,.,...e& in the W ., 1 1 one § A. 1 .4.2 The Design-Builder's Fee: the .,...etL. e .J l ..". .fitstment t., slag. )age �n., F�ff.. .. Lthe ..,....,,, ., in the W .. 7 1 Included in Guaranteed Maximum Price. § A. 1 .4. 3 .1 The sum of the Cost of the Work and the Design-Builder' s Fee is guaranteed by the Design-Builder not to exceed an amount mutually agreed to by the parties at the time of the Submission of the Design-Builder Proposal required by Section 1 . 1 .7 .4 of AIA Document A141T t-2014, Standard Form of Agreement Between Owner and Design-Builder. ($ TBD , subject to additions and deductions for changes in the Work as provided in the Design-Build Documents. Costs that would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Design-Builder without reimbursement by the Owner. gas Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Design-Builder' s Fee, and other items that comprise the Guaranteed Maximum l+iee�.Price.tbd Design Build Doe..,., e,.t. a*d ., e L. e..eby eeeepted by the l 7A%er- § A . 1 . 4 .3.4 Unit Price., if ...,. . . (Ak ., tip W ..t,,,te the ;t i3riee. and ..fate ..li .. le anfit, . 1; i ka ) Isere Units and Limitations P +se per Unit ($0 00) § A . 1 . 4 . 3 . 5 Assumptions, i f any .. .l, iel, the Guar-a.Reed T A.,,,i... . ..r. Uriee is based : Additions and Deletions Report for AIA Document A141 " — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, ' "AIA, " the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without 2 permission . This document was produced by AIA software at 16:34: 15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes: (1414286710) § A. 1 . 5 . 1 .3 Provided that an kpplieatien for- Payment is reeeived net later than the day of the menth , the Owner shall make Payment of the eel4iffied. AMR11 ;# *R the pesign BuildeFfliet Wow than the day of the month . if an Applioatim fe Payment is reeeived by the Owner- aftetz the application date fi. ?Eed abeve, payment shall be mRde by the Owner fiet later than ( ) days after the Owner reeei s the A pplio .,t: ,,„ f,. n.,, rme„t City of Meridian Payment Terms are Net 30 fi•om the date the City receives a correct invoice PAGE 3 f: A. 1 .5 .2 PreereSS Payments StipulatedSum § A. 1 . 5 .2 .2 Subjeot to other pr-evisions of the Design Build Pervuments, the amount of eaGh progress payment shall be eamplated as follows : multiplying the percentage eampletien of eaeh pei4ien of the Work by the shave of the Gontraot Sum § AAA .2 . 1 Applieations for Payment where the Gentraet Stim is based upen a SfipttWed Sum shall indieftt Work, on the WeAE . Pend ifl. ati effli. of east te the 03Arner of Changes in the dispute shall be : ..of „ ded pr-e .ided : „ Seetion � 13 9 „f the Agreement; ., 22 Add that pef4ien of the GeRtfaet Sum pr-eperly alleeable to materials and equipment delivered and suitably stored at the site fef: stibseEltient ifieefperatian in the eempleted eanstruetien (or-, if appt!eved in advanee by the Owner, suitably stered off the site at a laeation agreed upen in writing), less retainage of. Pereent 17 U) :3 Subtract the aggregate of previous payments m ade by the Owner; an 24 Subtraet afneunts, if any, the Owner has withheld or nullified, as previded in Seetien 9 . 5 Af the Agreement . § A. 1 . 5 .2 .3 The progress payment amettat deter-mined in aeeer-danee with Seetion A . 1 . 5 .29-2 shall be fut4her tnedified under the following eitvutnstanees ! . 1 Add , upon Substantial Gemplefien of the WeAE, a sum suffleient to iner-ease the total pE�yments to the full amount of the Genty-aet > less sueh amounts as the Owner shall detefmine fef ineemplete Work, of Work) .2 Add, if final oempletieft ef the War-k is thereafter matevially delayed tht:augh no fault of Design Bttilder, any additienal amounts payable in aeoerdafflie. e. vlrith Seaetien 9 . 10 . 3 of the Agreement f: A. 1 . 5 .2 . 4 lR e due fie er. limit.,tien „F rot., inago if aa. , shall be as f 11 . wso ngftonf the Pereentages hmef4ed in se § A . 1 . 5 .4 Progress Payments Lest of the Work Plus a Fee Additions and Deletions Report for AIA Document A141 '" — 2014 Exhibit A. Copyright @ 2004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects, " "AIA, " the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without 3 permission . This document was produced by AIA software at 16 :34: 15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations , e-mail copyright@aia.org. User Notes : ( 1414286710) end of the period Govered by the Applioation for- Payment and for which Design Builder has made of intends to make aettial payment prior- to the next Appheatien for- Paymelat. § A . 1 . 5 . 3 .2 Subjeet to other provisiens of the Design Build Doeuments , the amatint ef eae.h progress payment shall be eampiited as follows ! . 4 Take the Cost of !he ALGAE as deser-ibed in AiIiGle A . 5 E) f this Amendmenf�; 0Builder' sgn Seetien AM 1 93 .2 ; or if the Design Builder' s Fee is stated as a fixead. 8umm. in that Section, an alliount whieh beafs thLB sffl:ALB, rA�flR� to giat fixed sum Fee as the Cast of the Work in fhat Seofien bekars to a reasonable est4nate 0 the probable Cost of the Work upon its eomple4ion; eamputed upon the Gest of the WedE deser-ibed in the pr-eeeding Seetion A . 1 . 5 . 3 . 2 . 1 at the rate stated in ) ffem that pei4ien of the Work that the Design Bail self . 4 Subtt:aet the aggregate of "nlr� nflts made by the owner'! .6 Subtfaet amounts , if any, for whieh the Owner has withheld E)r- withdrawn a Gertifleate of Payment as § A. 1 .5 . 3 . 3 The Owfief and Design Builder shall agree upon ( 1 ) a mutually aeoeptable preeeder-e for review and approval of payments to the Arehiteet, Consultants, and Gentraeter-s and (2) the pefeentage of retaitiage held an affeements with the Arehiteet, Gansultan4s, and Centfaeters , and the Design Builder shall exeeute agreements in aeeardanee with these tetms . 3 1%) m The Design Builder-' s Fee shall be eemputed upon the Gest ef the Work 4 the rate stated in Seetion A . 1 . 4 .2 or, if the Design Buildef' s Fee is stated as a fixed sum ift that Seetion, shall be an amount that bears the same ratie te th4 &Eed som fee as the Cost of the Work beafs te a feasenable estimate of the probable Gest ef the WME tipen its eempletien;Omitted ; .4 Subtract retainage of percent 04 ` 4om that peAien a fthe .>; ledc +1, . the Design Builde self T5 percent ( five %) from all pro reg ss payments; PAGE 4 § A. 2 .2 The Design-Builder shall achieve Substantial Completion of the Work not later than days fr em the date othis Amendment, or as fellews-. TTr Pertion of Work —the date set forth in Section 1 . 1 . 7 .4 of AIA Document A141Tm-2014, Standard Form of Ap eement Between Owner and Design-Builder, subject to adjustments of the Contract Time as provided in the Design-Build Documents . PAGE 5 § A. M . 4 The Sustainabilittr Plan, if any : Additions and Deletions Report for AIA Document A14111` — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects , " "AIA , " the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without 4 permission . This document was produced by AIA software at 16 :34: 15 ET on 06/23/2022 under Order No. 2114337269 which expires on 06/22/2023, is not for resale , is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations , e-mail copyright@aia.org . User Notes : ( 1414286710) D .. e ;.. .. t s tl e ..e te ,..,, .. „ defiffed in L * ;h ;t G to the d ....,,eme ., t 1 T+fle Date Pages Effis AAA TrIG1. E A-o COST OF THE WORK R AA AA Labor Costs MIME the site e with the ll. . .", er' ,. prior- .., 1 at off site . erl... h „«5 § Av5 , 1 A 42 With the Owner' s prior approval , wages or Salaries Afthe, Plasign Builder-' S supenrisef=y and administrzative persannel . . .he stetiene .l at the site pao*t ef thehe time, Lwid the owtes 64 whieh their time will be ehmged te Ae Wet4k) Derrnn Inrilidind States (full _time/nar+_tome) Rate ($0 . 00) Rate (unit of tame) § A. 5. 1 . 1 .3 Wages and salaries of the Design Builder' s woAEsheps or an the read, in expediting the pr-oduaien or- tr-anspei4atien of inater-ials et: equipaient required. f.q. 4: thee, Wort but enl . . F« thet pe,.t: e ", of theirt:.y. e r •e.l for the Work . § A. 5 . 14 . 4 Costs paid er ineurred by the Design Builder for taxes, insuranee, eentributions , assessfnen4s And hensfits required by law ar oolleetive bargaining agreements o for personnel not oevered by suoh agreements, leave , medioal and health befiefits , holidays , vaeatiens and pensions , based .. mrages and salaries inel , , .le.l in the Cost of the Work under- geot: .,r. A S 1 1 Owner ' s§ A. 5. 4 . 4 . 5 Benuses, profit sharing, ineefifive eempensation and any other diseretionat=y payments paid te anyone hifed by the Design Builder or paid to the Afekiteet or- any Gefttfaetei: of: supplier, with the 0 R A. 5 . 4 .2 !` entrant Gestc Payments made by the Design Builder to the_ 0 eh :teet Gensultant.. Cont«., ete ..s and suppliefs er-d nee with the « .,ts of the: .. stibeentraets . . ., the e plete .l ,. nstruet: .,,, for- reasonable waste and speilage . JUnused. 4:HAtPriRIS , if all)r, Shall hkaOVA� MLB th [B W. 41AITHer-) S prepeAy oempletion of the Wer-k e eA the Owner' s e shall be sold by the Design Builder. Any amounts 4. evn Additions and Deletions Report for AIA Document A141 '° — 2014 Exhibit A. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects , " "AIA, " the AIA Logo , and "AIA Contract Documents" are registered trademarks and may not be used without 5 i permission . This document was produced by AIA software at 16:34 : 15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations , e-mail copyright@aia . org . User Notes : ( 1414286710) supplies,§ A656114 Gest6 of Other Materials and Equipment, Tempowy FaG" itim and Related items § A. 5 . 1 . 4 . 1 Costs of transpeftatien , stefage, installation , maiiitenaaee, dismantling and fefn"al of materials, previded by the Design Builder at the site and fbily eensumed in the perfermanee of the Work . Costs of materials , supplies, temper-ai:y fiteilit: es, maehinetty, equipment and tools that are fiat fAy eonsuffied shall be based on the eest or- value of th � IL�111 "� �ZXMA � � � ls first used en the PfE)jeet site less the Nralue of the item when it is ne langer used at the Prejeet site . Gests for- items not fully eensuffied by the Design Builder shall mean faif mafket Nraltie . § A. 5 . 1 . 4 .2 Rental eharges &f: terflper-at:y faeilities, maehinery, equipment aftEl hand tools not eustemarily owned by eanstreetion workefs that are previded by the Design Builder at the site mid easts ef transpE.Wtatieii, installation, ffiiiief fepaifs, dismantling and femeiral . The total rental eest of any Design Builder- owned item may net eiEeeed ptifebase priee of any eempafable item . Rft� Hilder owfled equipment and quantities of equipnient shall § A. 5 . 1 . 4 . 3 Costs of f:emeval of debfis f�om the site of the Aler-k and its proper- and legal disposal . temporatly f4eilities, maehifler-y, equipmetit and hand tools not etistamarily owned by eeiisti*Liefion mr0dEeiqs that are dobdis. ated, data and eemmunioations somrioes , teleoenferenees , Piqej eet ;Areb sites ei(4afletS and Il%easenable petty Gash expeases ..f the site „ ffee § A. 5 . 1 . 4 . 5 Gests of materials atid equipment suitably stored off the site 4 a ffitittially aeoeptable leea4ien, with the Owner ' s approval . § A . 5 . 1 . 5 . 1 Pfeniiums for that pet4ien ef instirRaeo and beads required by the Pesigfi Build Poeuments that ean be direetly a4tibtited to the Gontraet . With the &Ariief ' s priei: appreval self insuraHee fer- either full or pat4ial afneunts ef. the eevefages required by the Design R . , : 1 .1 Tloeti,, enter § A. 5 . 1 . 5 .2 Sales, use or- similar taxes imposed by a govemmental auther-ity that are related to the Alerk and fav whish the Pesign Builder is liable-., § A. 5 . 1 . 5 .3 Fees and assessffiefits for- !he building permit afid fei: other- pennits , lieenses and inspeetiens for Whiek the Design Builder i rod by the Design Build ll(.eu meiits to p § A. 5 . 1 . 5 . 4 Fees of laboratories fef tests required by the Pesigfi Build Poeuments, exeept these related to defeetive ef f th D Build 71 .. ,., . ment.. ,d L. ie de t fall within the � o of Ceet : .... A . 5 . 1 . 6 . 3 . vrenevearsn�nna-�vvmrrentTizixn�rixren�o--iivczarr�i-mrircne .,...".t. .. ., ,....,. Pesign Build§ A. 5 . 1 .5 . 5 Royalties and lieense fees paid for the use of a pat4ietilar design, preoess er pi:eduet required by44e the east of def�ndiag suits er- elaims for infringement of patent rights arising 4-effl s; ueh it of the Design Build Paeuments ; and payments made in aeoer-danee mrith legal judgments against the such quits or- elaims and payments of Settlements Made with the, owner "; Genselits Newever, such oosts of legal defenses, judgmefits and sealements shall not be ineltided in the Galeulation ef. the Pesign Builder' s Fee er subjeet to the guaranteed Maximum Pr-iee . if sueh ii:eyalties, fees and. P. A. Sts affea. eweluded by sma .W to last sentenoe Af �� FPfiRn � I 1 .2 of the AgFeement E)r- other provisiens ef the Design Build Peouments then to. . ..h shall fiat be : el , ded in the Gent „f the \2 er-k , l. § AAA AA With the 03ArneF' s prior- appreval , easts for eleotfenio equipment and seftware direetly related te flita, Wei4 § A. M . 5 .7 Deposits lest for eauses athef than the Design Builder-' s negligeftee ef failufe to fulfill Et speei __ § AsMAB With the Owner ' s prior appr-eval , whieh shall not be unreasonably withhold, legal , mediation arbitration easts, ineluding attemeys ' fees , ather- than these arising 4om disputes between the QwneF atid Design reasonably inew-Fed by the Design Builder after the exesution of the Agreement and in t o.-f Af Builder, tl, o \17RI4 Additions and Deletions Report for AIA Document A141 ' — 2014 Exhibit A. Copyright @ 2004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects , " "AIA, " the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without 6 permission . This document was produced by AIA software at 16 :34: 15 ET on 06/23/2022 under Order No. 2114337269 which expires on 06/22/2023 , is not for resale , is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia .org . User Notes : ( 1414286710) § A, 601a5mg With the OwnejA ' s prior appreNral , e*penses ineutTed ifi aeeerdanee with the Design Builder' s standafd ff the Work-. § A. 5 . 1 . 5 . 10 That peFtien of the reasonable expeases of the Pesipi Builder' s supetwisefy or administy-ative personnel while 1 . . ,1 : .. ..1, . tte of duties o eetod with the Work . PAGE 6 R A 6 4 7 Related Party TrensantiAnS " related§ A. 5 . 1 .7 . 1 Faf: purposes ef Seetion A . S . 1 . 7 , the term "related pat4y " shall mean a parent, subsidiaty, affiliate or other ef4ity having eemmen owner-ship or- management with the Design Builderz; any entity in whieh afty steekholder- in, or persen or- lid � I i I I the fight te eetitral the business ef affairs of the. Design Builder, The teFm n ineludes b er- of the immediate family of any persen_ido..t: f ed .. 1 eve the Design Builder shall n of the speeifie nattife of the eente. Hiplated§ A. 5 .1 .7 .2 if alriy Of 1140 GE) StS tO bO f0iffibUFSed arise f+em a trafisaotien between the Design Buildete and a lt:elated party, of the related patty and the antieipated east to be f party, before any suoh tr-ansaotien is Befisummated of cost ifieur-r-ed . if the Owfier, af4er suoh notifieation, authorizes the proposed transaction, then the oest ineur+ed shall be ifieluded as a east to be reimbursed, and the Pesign Builde � 1 11 1 11 10 Wer-k, equipment, goods ei: service f+4em the i:elated tfaH8aGtiE) H, the Pesign Builder- shall pr-eeure the Work, equipment, goods or- soyuvioe f+efn some person or entity otheF related pai:t. . . ecar. ing to the terms of Seed.,,, A S 1L 1 Rebates , and Refunds § A. 5 .3 . 1 Gash diseounts obtained en payments made by the Design Buil er- shall aeuue te the Ownef if ( 1 ) before making the payment, the Design Builder- 410. 111 & d thpm i4i an Applioation for- Payment and rereAred payment from the Owner, or (2) the Owner has deposited funds with the Pesip Builder- with whieh to make payments ; other-wise, eash diseounts shall aeerue te the Pesign Builden Trade diseaunts, rebates, refunds and afneunts Feeeived ffem sales e surplus materials and equipment shall aeortie to the Owner-, and the Design Builder shall make pFevisiens so that they n be obtAine,1 § A. 5 .3 .2 Amounts that aeerue to the 03ATFier- in aeeefdanee with Seetion A .5 . 3 . 1 shall be ei:edited to the 03Arner as deduetion ftem the Cost of the Work. t: A f. A Other Agreements the Owner requires th4 anothef: bid be neepted, then the Desig* Buildef fflE�y require !hat a Ghange Or-de i 4H F�k,d. *A. „tit. , ae .,ted by the Owner. § A. 5 . 4 .2 Agreements between the Design Builder and Goatraetei:s shall eafifer-m to the applieable payment provisiens of the Pesign Build Paeuments , and shall not be a-warded on the basis of east plus a fee without the prior- eensent E) the Ownen if an agreement beVAteen the Design Builder atid a Gentraeter is awarded an H� cost plus a 4e basis , the Design Builder shall previde in the agreement for- the Owner te lr-eeeive the safne audit rights with regard to the Cost a mew. Additions and Deletions Report for AIA Document A141 " — 2014 Exhibit A. Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects, " "AIA, " the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without 7 permission . This document was produced by AIA software at 16:34: 15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1414286710) §4 ra..4.3-ate-agteemepts-hevweee the Design Btiildef er•C-eftsulEaNts--identWe4iF t-heAgreet�et� sHal�l�+trrv+iti�rg-�ese-agteet�eptsrs#�eI�1��re�Ny'�te�i�e�-��te•9waera�etr�te9�frer'�-w+it#ea-��gaesE Robert E. Simison, Mayor 7-26-2022 ATTEST: Chris Johnson, City Clerk 7-26-2022 Additions and Deletions Report for AIA Document A141"—2014 Exhibit A.Copyright©2004 and 2014 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 16:34:15 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (1414286710) Certification of Document 's Authenticity AIA° Document D401 TM - 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16 :34 : 15 ET on 06/23/2022 under Order No . 2114337269 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A141TM — 2014 Exhibit A, Design-Build Amendment, 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 16:34:16 ET on 06/23/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes : (1414286710) lipTv ■ ■ =l,-a Document A141 - 2014 Exhibit B Insurance and Bonds for the following PROJECT : (Name and location or address) Discovery Park Phase II ADDITIONS AND DELETIONS : Bicycle Pump Track Design-Build The author of this document has added information needed for its THE OWNER: completion . The author may also (Name, legal status and address) have revised the text of the original AIA standard form . An Additions and City f Meridian Deletions Report that notes added ty o information as well as revisions to the standard form text is available from the author and should be reviewed . A THE DESIGN - BUILDER : vertical line in the left margin of this (Name, legal status and address) document indicates where the author has added necessary information American Ramp Company, Inc and where the author has added to or deleted from the original AIA text. THE AGREEMENT This document has important legal consequences . Consultation with an This Insurance Exhibit is part of the accompanying agreement for the Project, between the attorney is encouraged with respect Owner and the Design-Builder (hereinafter, the Agreement), dated the day of in the year to its completion or modification . (In words, indicate day, month and year.) TABLE OF ARTICLES B . 1 GENERAL B. 2 DESIGN BUILDER'S INSURANCE AND BONDS B . 3 OWNER' S INSURANCE BA SPECIAL TERMS AND CONDITIONS ARTICLE B . 1 GENERAL The Owner and Design-Builder shall purchase and maintain insurance and provide bonds as set forth in this Exhibit B . Where a provision in this Exhibit conflicts with a provision in the Agreement into which this Exhibit is incorporated, the provision in this Exhibit will prevail . ARTICLE B . 2 DESIGN BUILDER' S INSURANCE AND BONDS § B .2 . 1 The Design-Builder shall purchase and maintain the following types and limits of insurance from a company or companies lawfully authorized to do business in the jurisdiction where the Project is located . The Design-Builder shall maintain the requited insurance until the expiration of the period for correction of Work as set forth in Section 11 .2 .2 . 1 of the Agreement, unless a different duration is stated below : (If the Design-Builder is required to maintain insurance for a duration other than the expiration of the period for correction of Ylrorlc state the duration.) Init. AIA Document A141 '" — 2014 Exhibit B. Copyright 02004 and 2014 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 16 : 05 :24 ET on 07/15/2022 under Order No .2114337269 which expires on 06/22/2023 , is not for resale, is licensed for one-time use only, and I may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes : ( 1886668915) § B.2.1 .1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1 ,000,000 ) for each occurrence and Two Million Dollars ($ 2,000 ,000 ) in the aggregate providing coverage for claims including . 1 damages because of bodily injury, sickness or disease, including occupational sickness or disease, and death of any person; . 2 personal injury; . 3 damages because of injury to or destruction of tangible property; . 4 bodily injury or property damage arising out of completed operations; and .5 contractual liability applicable to the Design-Builder' s obligations under Section 3 . 1 . 14 of the Agreement. § B.2.1 .2 Automobile Liability covering vehicles owned by the Design-Builder and non-owned vehicles used by the Design-Builder with policy limits of not less than One Million Dollars ($ 1 ,000,000 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles specified in this Section B .2. 1 .2, along with any other statutorily required automobile coverage. § B.2.1 .3 The Design-Builder may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage as those required under Sections B .2. 1 . 1 and B .2. 1 .2. § B . 2 . 1 . 4 Workers ' Compensation at statutory limits. § B . 2 . 1 . 5 Employers ' Liability with policy limits as provided below: § B.2.1 .6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than One Million Dollars ($ 1 ,000 ,000 ) per claim and One Million Dollars ($ 1 ,000,000 ) in the aggregate. § B .2. 1 .7 Deleted § B .2.1 .7.1 Deleted § B.2.1 .8 The Design-Builder shall provide written notification to the Owner of the cancellation or expiration of any insurance required by this Article B .2 . The Design-Builder shall provide such written notice within five (5) business days of the date the Design-Builder is first aware of the cancellation or expiration, or is first aware that the cancellation or expiration is threatened or otherwise may occur, whichever comes first. § B.2.1 .9 Additional Insured Obligations . The Owner and its consultants and contractors shall be additional insureds on the Design-Builder' s primary and excess insurance policies for Commercial General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner' s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations . The policy limits applicable to the additional insureds shall be the same amount applicable to the named insured or, if the policy provides otherwise, policy limits not less than the amounts required under this Agreement. § B.2.1 .10 Certificates of Insurance. The Design-Builder shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B .2 : ( 1 ) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3) upon Owner' s written request. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9 . 10 .2 of the Agreement and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section B .2 . 1 . The certificates will show the Owner and its consultants and contractors as additional insureds on the Design-Builder' s primary and excess insurance policies for Commercial General Liability and Automobile Liability. Information concerning reduction of coverage on account of revised limits, claims paid under the General Aggregate or both, shall be furnished by the Design-Builder with reasonable promptness . Init. AIA Document A141 " — 2014 Exhibit B. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, " "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced 2 by AIA software at 16:05:24 ET on 07/16/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes : (1886668915) § B.2.2 Performance Bond and Payment Bond The Design-Builder shall provide surety bonds as follows : (Speck type and penal sum of bonds.) Type Penal Sum Per Idaho State Law Per Idaho State Law, if allowed. § B.2.2.1 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Design-Builder shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE B.3 OWNER'S INSURANCE § B.3.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner' s usual liability insurance. § B.3.2 Property Insurance § B.3.2.1 Unless otherwise provided, at the time of execution of the Design-Build Amendment, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction where the Project is located, property insurance written on a builder' s risk "all-risk" or equivalent policy form in the amount of the initial Contract Sum, plus the value of subsequent Modifications and cost of materials supplied or installed by others, comprising the total value for the entire Project at the site on a replacement cost basis without optional deductibles . If any construction that is part of the Work shall commence prior to execution of the Design-Build Amendment, the Owner shall, prior to commencement of construction, purchase and maintain property insurance as described above in an amount sufficient to cover the total value of the Work at the site on a replacement cost basis without optional deductibles. The insurance required under this section shall include interests of the Owner, Design-Builder, Architect, Consultants, Contractors, and Subcontractors in the Project. The property insurance shall be maintained, unless otherwise provided in the Design-Build Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of the insurance, until the Owner has issued a Certificate of Substantial Completion in accordance with Section 9. 8 of the Agreement. Unless the parties agree otherwise, upon issuance of a - Certificate of Substantial Completion, the Owner shall replace the insurance policy required under this Section B .3 .2 with another property insurance policy written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 11 .2 .2 of the Agreement. § B.3.2.1 .1 The insurance required under Section B .3 .2. 1 shall include, without limitation, insurance against the perils of fire (with extended coverage) and physical loss or damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary buildings and debris removal, including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Design-Builder' s services and expenses required as a result of such insured loss . § B.3.2.1 .2 If the insurance required under Section 13 .3 .2. 1 requires deductibles, the Owner shall pay costs not covered because of such deductibles . § B.3 .2. 1 .3 The insurance required under Section 13 .3 .2 . 1 shall cover portions of the Work stored off the site, and also portions of the Work in transit. § B.3.2.1 .4 Partial occupancy or use in accordance with Section 9 . 9 of the Agreement shall not commence until the insurance company or companies providing the insurance required under Section 13 .3 .2. 1 have consented to such partial occupancy or use by endorsement or otherwise. The Owner and the Design-Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall, without mutual written consent, take no action with respect to partial occupancy or use that would cause cancellation, lapse or reduction of insurance. (Paragraphs deleted) § B.3.2.4 Loss of Use Insurance. At the Owner' s option, the Owner may purchase and maintain insurance to insure the Owner against loss of use of the Owner' s property due to fire or other hazards, however caused. The Owner waives all i i Init. AIA Document A141 '° — 2014 Exhibit B. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, " "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced 3 by AIA software at 16:05:24 ET on 07/15/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and / may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1886668915) rights of action against the Design-Builder for loss of use of the Owner' s property, including consequential losses due to fire or other hazards covered under the property insurance required under this Exhibit B to the Agreement. § 13.3 .2.5 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, the Owner shall waive all rights in accordance with the terms of Section B .3 .2.7 for damages caused by fire or other causes of loss covered by this separate property insurance. All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § B.3.2.6 Before an exposure to loss may occur, the Owner shall file with the Design-Builder a copy of each policy that includes insurance coverages required by this Section B .3 .2. Each policy shall contain all generally applicable conditions, definitions, exclusions and endorsements related to this Project. The Owner shall provide written notification to the Design-Builder of the cancellation or expiration of any insurance required by this Article B .3 . The Owner shall provide such written notice within five (5) business days of the date the Owner is first aware of the cancellation or expiration, or is first aware that the cancellation or expiration is threatened or otherwise may occur, whichever comes first. § 13 .3.2.7 Deleted § B.3.2.8 A loss insured under the Owner' s property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section B .3 .2. 10 . The Design-Builder shall pay the Architect, Consultants and Contractors their just shares of insurance proceeds received by the Design-Builder, and by appropriate agreements, written where legally required for validity, the Design-Builder shall require the Architect, Consultants and Contractors to make payments to their consultants and subcontractors in similar manner. § B.3.2.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner' s duties . The cost of required bonds shall be charged against proceeds - received as fiduciary. The Owner shall deposit in a separate account proceeds so received, which the Owner shall distribute in accordance with such agreement as the parties in interest may reach, or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Design-Builder. If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Design-Builder after notification of a Change in the Work in accordance with Article 6 of the Agreement. § B.3.2.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of a loss to the Owner' s exercise of this power. If an objection is made, the dispute shall be resolved in the manner selected by the Owner and Design-Builder as the method of binding dispute resolution in the Agreement. ARTICLE B .4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit, if any, are as follows : none Init. AIA Document A141 " — 2014 Exhibit B. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, ' "AIA,' the AIA Logo , and "AIA Contract Documents' are registered trademarks and may not be used without permission . This document was produced 4 by AIA software at 16:06:24 ET on 07/1 512 02 2 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1886668915) Additions and Deletions Report for AIA® Document A 141 TM . 2014 Exhibit 8 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 16: 05:24 ET on 07/15/2022. PAGE Discovery Park Phase 11 Bicycle Pump Track Design-Build City of Meridian American Ramp Company PAGE 2 § B.2.1 .1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1 ,000000 ) for each occurrence and Two Million Dollars ($ 2,000,000 1 in the aggregate providing coverage for claims including _ use § B.2.1 .2 Automobile Liability covering vehicles owned by the Design-Builder and non-owned vehicles used by the Design-Builder with policy limits of not less than One Million Dollars.A 1 ,000,000 per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use ofthose motor vehicles specified in this Section B .2 . 1 .2, along with any other statutorily required automobile coverage. Sam § B.2.1 .6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than One Million Dollars ($ 1 ,000,000 ) per claim and One Million Dollars ($ 1 ,000,000 ) in the aggregate. § B.2.1 .7 PeNtAien Liability oevefing perfemanee of the WeAE, with peliey limits of not less than ($ ) perGlaim and ($ ) in the aggregate . Deleted § B.2.1 .7.1 q4io Pesig* -Builder- may obtain a eembifted W-efessional Liability and Pollution Liability peliey te safisfy the fequkefnea4s set &wth ift Seetions 13 .2 . 1 .6 and B .2 . 1 .7, with eembined peliey limits that are not less than ($ pe ^aim and($-7 in the aggregate .Deleted mom § B.2.1 .9 Additional Insured Obligations. The Owner and its consultants and contractors shall be additional insureds on the Design-Builder's primary and excess insurance policies for Commercial General Liability,ty, wameb4o Liability and PollutionAutomobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner' s insurance policies . The additional insured coverage shall apply to both ongoing operations and completed Additions and Deletions Report for AIA Document A141 " — 2014 Exhibit B. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects, ' "AIA, ' the AIA Logo, and "AIA Contract Documents' are registered trademarks and may not be used without 1 permission . This document was produced by AIA software at 16:05:24 ET on 07/15/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1886668916) operations . The policy limits applicable to the additional insureds shall be the same amount applicable to the named insured or, if the policy provides otherwise, policy limits not less than the amounts required under this Agreement. § B.2.1 .10 Certificates of Insurance. The Design-Builder shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B .2 : ( 1 ) prior to commencement of the Work; (2) upon renewal or replacement of each required policy of insurance; and (3 ) upon Owner' s written request. An additional certificate evidencing continuation of liability coverage, including coverage for completed operations, shall be submitted with the final Application for Payment as required by Section 9 . 10 .2 of the Agreement and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section B .2. 1 . The certificates will show the Owner and its consultants and contractors as additional insureds on the Design-Builder' s primary and excess insurance policies for Commercial General Liabili and Automobile Liability. Information concerning reduction of coverage on account of revised limits, claims paid under the General Aggregate or both, shall be furnished by the Design-Builder with reasonable promptness. PAGE 3 Type Penal Sum($0:003 Per Idaho State Law Per Idaho State Law, if allowed. , , Design Builder hA ;; ;4q; Rd inlalrpdq § 9 .3.2.3 if the Owner. does fiat intend to pufahase the ifisar-anee r-equif:ed under- Sestions B 1.1 12V 1. and IR 13 02 .2 WM all ef the eover-ages in the amounts deseribed above, the OwfieF shall infeffn the Design Builder- in wFiting prior- to a" eenstmetion that is pad of- the MleFk. The Pesign Builder- may then ebtain insur-anee giat will pr-eteet the iffter-ests 0 ffisur-anee shall be ehar-ged to the Owner by an appr-epFia4e Change Or-der.. if the Qw-ner- does not provide wfiaea Design -Builder, Arehiteet, Consultants , Gentfaeter, and in the Work, and the Owner aotoi and the Design Builder. is damaged by the failufe or, negleet of the Ownerm te pur-ehase E)r- maintain insuvaflee as PAGE 4 § 13.3.2.7 1AInimprs af Reshregation . The Owner and Design Builder- waive a4l fights against ( 1 ) eaeh other and "r a , eampleted eanstr-aetion) emeept sush rights as they ha-ve to pr-eeeeds of sueh instir-anee hold by the Owner- as fiduoiarzy. The Ownef or- Design Builder, as appropriate, shall require of the sepaFate sealfaetaFs deser4bed in Seetion 5 . 13 of the AgFeement, if any, and the sub subeeFAFaeateFs, agen4s and employees efany of them, by appropriate agreements, written wher-e legagily Fequir-ed for- Nralidity, sifailar. waivers eash in favaF ef the other, pafties eatifner-eAed sh ;111 hp effeetive as to a per-son E)r- efftity even though that per-sen or- efitity would otherawise have a du#f-ef the perseff , entity had , insurable interest i., the dafnaged.Deleted § 13.3 .2 . 10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of a loss to the Owner' s exercise of this power. If an objection is made, the dispute shall be resolved in the manner selected by the Owner and Design-Builder as the method of binding dispute resolution in the Agreement. if the Owner. a-ad Design Builder- have selee4ed a fbit fats ,,, as I Additions and Deletions Report for AIA Document A141 " — 2014 Exhibit B. Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without 2 permission. This document was produced by AIA software at 16:05:24 ET on 07/15/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1886668915) I method ofbinding dispute reselution, the Owner- as fidueiafy shall make settlement with insurers of:, in 4he ease of none Additions and Deletions Report for AIA Document A141 ' — 2014 Exhibit B. Copyright @ 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA, " the AIA Logo, and "AIA Contract Documents" are registered trademarks and may not be used without 3 permission. This document was produced by AIA software at 16:05:24 ET on 07/15/2022 under Order No.2114337269 which expires on 06/22/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1886668915) tp'o TY =999 Document A141 - 2014 Standard Form of Agreement Between Owner and Design-Builder AGREEMENT made as of the day of in the year 2022 (In words, indicate day, month and year.) BETWEEN the Owner: ADDITIONS AND DELETIONS : (Name, legal status, address and other information) The author of this document has added information needed for its City of Meridian completion . The author may also Department of Parks and Recreation have revised the text of the original p AIA standard form. An Additions and 33 E. Broadway Avenue Deletions Report that notes added Meridian, Idaho 83642 information as well as revisions to the standard form text is available from and the Design-Builder: the author and should be reviewed . A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author American Ramp Company, Inc has added necessary information 601 McKinley and where the author has added to or Joplin, MO 64801 deleted from the original AIA text. This document has important legal for the following Project: consequences . Consultation with an g attorney is encouraged with respect (Name, location and detailed description) to its completion or modification . Discovery Park Phase H Consultation with an attorney is also Bicycle Pump Track Design-Build encouraged with respect to professional licensing requirements in the jurisdiction where the Project is The Owner and Design-Builder agree as follows . located . Init. AIA DocumentA141 ' - 2014 . Copyright © 2004 and 2014 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 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 0711412023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes : (1867925078) TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN - BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN - BUILD AMENDMENT 5 WORK FOLLOWING EXECUTION OF THE DESIGN- BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER' S RESPONSIBILITIES a TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVISIONS 16 SCOPE OF THE AGREEMENT TABLE OF EXHIBITS A DESIGN- BUILD AMENDMENT B INSURANCE AND BONDS ARTICLE 1 GENERAL PROVISIONS § 1 . 1 Owner's Criteria This Agreement is based on the Owner ' s Criteria set forth in this Section 1 . 1 . (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable " or "unlnlown at time of execution. " If the Owner intends to provide a set of design documents, and the requested information is contained in the design documents, identify the design documents and insert "see Owner 's design documents " where appropriate) See Design-Builder' s proposal attached hereto as Attachment A and incorporated herein . § 1 . 1 . 1 The Owner' s program for the Project : (Set forth the program, identify documentation in which the program is set forth, or state the manner in which the program will be developed) § 1 . 1 .2 The Owner' s design requirements for the Project and related documentation : AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects, " "AIA, " Init. 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 2 16 :36: 33 ET on 07/15/2022 under Order No. 2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents" Terms of Service. To report copyright violations, e-mail copyright@aia. org . User Notes : ( 1867925078) (Identify below, or in an attached exhibit, the documentation that contains the Owner 's design requirements, including any performance specifications for the Project.) Refer to RFP — as modified in writing by owner § 1 .1 .3 The Project' s physical characteristics : (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) See RFP, as modified in writing by owner § 1 .1 .4 The Owner' s anticipated Sustainable Objective for the Project, if any : None (Identi the Owner 's Sustainable Objective for the Project such as Sustainability Certification, benefit to the environment, enhancement to the health and well-being of building occupants, or improvement of energy eff ciency. If the Owner identifies a Sustainable Objective, incorporate AIA Document A141 T14-2014, Exhibit C, Sustainable Projects, into this Agreement to define the terms, conditions and Work related to the Owner 's Sustainable Objective.) § 1 .1 .5 Incentive programs the Owner intends to pursue for the Project, including those related to the Sustainable Objective, and any deadlines for receiving the incentives that are dependent on, or related to, the Design-Builder' s services, are as follows : None (Identify incentive programs the Owner intends to pursue for the Project and deadlines for submitting or applyingfor the incentive programs.) § 1 .1 .6 The Owner's budget for the Work to be provided by the Design-Builder is set forth below: (Provide total for Owner 's budget, and if known, a line item breakdown of costs.) $71 ,500 .00 for design, $700 , 000 . 00 for construction . Or as modified by the parties in writing. § 1 .1 .7 The Owner' s design and construction milestone dates : .1 Design phase milestone dates : Completed construction documents by 11/1/22 .2 Submission of Design-Builder Proposal : 11/15/22 .3 Phased completion dates : Notice to proceed 12/ 15/22 .4 Substantial Completion date: 7/15/2023 .5 Other milestone dates : Final completion 8/l /2023 Init. AIA Document A141 ' - 2014 , Copyright © 2004 and 2014 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 3 16:36:33 ET on 0 7/1 512 0 2 2 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 1 .1 . 8 (Paragraphs deleted) Omitted . § 1 .1 .9 Additional Owner' s Criteria upon which the Agreement is based : (Identify special characteristics or needs of the Project not identified elsewhere, such as historic preservation requirements.) § 1 .1 .10 The Design-Builder shall confirm that the information included in the Owner' s Criteria complies with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities . § 1 .1 ,10.1 If the Owner' s Criteria conflicts with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design-Builder shall notify the Owner of the conflict. § 1 .1 .11 If there is a change in the Owner' s Criteria, the Owner and the Design-Builder shall execute a Modification in accordance with Article 6 . § 1 .1 . 12 If the Owner and Design-Builder intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions . Unless otherwise agreed, the parties will use AIA Document E203VI -2013 to establish the protocols for the development, use, transmission, and exchange of digital data and building information modeling. § 1 .2 Project Team § 1 .2. 1 The Owner identifies the following representative in accordance with Section 7 . 1 . 1 : (List name, address and other information) Mike Barton - § 1 .2.2 The persons or entities, in addition to the Owner' s representative, who are required to review the Design-Builder's Submittals are as follows : Mike Barton (List name, address and other information) § 1 .2.3 The Owner will retain the following consultants and separate contractors : (List discipline, scope of work, and, if known, identify by name and address.) § 1 .2.4 The Design-Builder identifies the following representative in accordance with Section 3 . 1 .2 : (List name, address and other information) John Hunter American Ramp Company, Inc Idaho Public Works License #016352 Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 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 4 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07114/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract DocumentsO Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 1 .2. 5 Neither the Owner' s nor the Design-Builder's representative shall be changed without ten days ' written notice to the other party. § 1 .3 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 14. 3 , the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Design-Builder do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) [ ] Arbitration pursuant to Section 14.4 [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Spec) § 1 .4 Definitions § 1 .4.1 Design-Build Documents. The Design-Build Documents consist of this Agreement between Owner and Design-Builder and its attached Exhibits (hereinafter, the "Agreement"); other documents listed in this Agreement; and Modifications issued after execution of this Agreement. A Modification is ( 1 ) a written amendment to the Contract signed by both parties, including the Design-Build Amendment, (2) a Change Order, or (3 ) a Change Directive . § 1 .4.2 The Contract. The Design-Build Documents form the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Design-Build Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner _ and the Design-Builder. § 1 .4.3 The Work. The term "Work" means the design, construction and related services required to fulfill the Design-Builder's obligations under the Design-Build Documents, whether completed or partially completed, and includes all labor, materials, equipment and services provided or to be provided by the Design-Builder. The Work may constitute the whole or a part of the Project. § 1 .4.4 The Project. The Project is the total design and construction of which the Work performed under the Design-Build Documents may be the whole or a part, and may include design and construction by the Owner and by separate contractors. § 1 .4.5 Instruments of Service. Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Design-Builder, Contractor(s), Architect, and Consultant(s) under their respective agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, digital models and other similar materials. § 1 .4.6 Submittal. A Submittal is any submission to the Owner for review and approval demonstrating how the Design-Builder proposes to conform to the Design-Build Documents for those portions of the Work for which the Design-Build Documents require Submittals. Submittals include, but are not limited to, shop drawings, product data, and samples . Submittals are not Design-Build Documents unless incorporated into a Modification. § 1 .4.7 Owner. The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design-Build Documents as if singular in number. The term "Owner" means the Owner or the Owner' s authorized representative. § 1 .4.8 Design"Builder. The Design-Builder is the person or entity identified as such in the Agreement and is referred to throughout the Design-Build Documents as if singular in number. The term 'Design-Builder" means the Design-Builder or the Design-Builder' s authorized representative. Init. AIA DocumentA141 ' - 2014 . Copyright © 2004 and 2014 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 5 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 1 .4.9 Consultant. A Consultant is a person or entity providing professional services for the Design-Builder for all or a portion of the Work, and is referred to throughout the Design-Build Documents as if singular in number. To the extent required by the relevant jurisdiction, the Consultant shall be lawfully licensed to provide the required professional services. § 1 .4.10 Architect. The Architect is a person or entity providing design services for the Design-Builder for all or a portion of the Work, and is lawfully licensed to practice architecture in the applicable jurisdiction. The Architect is referred to throughout the Design-Build Documents as if singular in number. § 1 .4. 11 Contractor. A Contractor is a person or entity performing all or a portion of the construction, required in connection with the Work, for the Design-Builder. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor is referred to throughout the Design-Build Documents as if singular in number and means a Contractor or an authorized representative of the Contractor. § 1 .4.12 Confidential Information. Confidential Information is information containing confidential or business proprietary information that is clearly marked as "confidential . " § 1 .4.13 Contract Time. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, as set forth in the Design-Build Amendment for Substantial Completion of the Work. § 1 .4.14 Day. The term "day" as used in the Design-Build Documents shall mean calendar day unless otherwise specifically defined. § 1 .4.15 Contract Sum. The Contract Sum is the amount to be paid to the Design-Builder for performance of the Work after execution of the Design-Build Amendment, as identified in Article A. 1 of the Design-Build Amendment. ARTICLE 2 COMPENSATION AND PROGRESS PAYMENTS § 2 . 1 Compensation for Work Performed Prior To Execution of Design"Build Amendment - § 2. 1 .1 Unless otherwise agreed, payments for Work performed prior to Execution of the Design-Build Amendment shall be made monthly. For the Design-Builder's performance of Work prior to the execution of the Design-Build Amendment, the Owner shall compensate the Design-Builder as follows: (Insert amount of, or basis for, compensation, including compensation for any Sustainability Services, or indicate the exhibit in which the information is provided. If there will be a limit on the total amount of compensation for Work performed prior to the execution of the Design-BuildAmendment, state the amount of the limit.) As set forth in Attachment A. including Additive Alternates 1 and 2, with 50% of Design Fee at 50% design, and with balance at 100% design. § 2 .1 .2 The hourly billing rates for services of the Design-Builder and the Design-Builder' s Architect, Consultants and Contractors, if any, are set forth below. (If applicable, attach an exhibit of hourly billing rates or insert them below) none Individual or Position Rate § 2.1 .3 Compensation for Reimbursable Expenses Prior To Execution of Design"Build Amendment § 2.1 .3.1 Reimbursable Expenses are in addition to compensation set forth in Section 2 . 1 . 1 and 2 . 1 .2 and include expenses, directly related to the Project, incurred by the Design-Builder and the Design-Builder' s Architect, Consultants, and Contractors, as follows : None — Reimbursables included in fee(s) .1 .2 .3 (Paragraphs deleted) Init. AIA Document A141 W - 2014 . Copyright@ 2004 and 2014 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 6 16:36: 33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documentss Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 2. 1 .3 .2 For Reimbursable Expenses, the compensation shall be the expenses the Design-Builder and the Design-Builder's Architect, Consultants and Contractors incurred, plus an administrative fee of n/a percent ( n/a %) of the expenses incurred . § 2.1 .4 Payments to the Design-Builder Prior To Execution of Design-Build Amendment § 2 . 1 .4.1 Payments are due and payable upon presentation of the Design-Builder' s (Paragraphs deleted) complete and accurate invoice: , net 30 days . Owner' s funds have been budgeted and Owner makes every effort to make payments in a timely manner. Owner does not pay interest in the event of delayed payments . (Paragraph deleted) § 2 .2 Contract Sum and Payment for Work Performed After Execution of Design-Build Amendment For the Design-Builder's performance of the Work after execution of the Design-Build Amendment, the Owner shall pay to the Design-Builder the Contract Sum in current funds as agreed in the Design-Build Amendment. ARTICLE 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT § 3.1 General § 3. 1 .1 The Design-Builder shall comply with any applicable licensing requirements in the jurisdiction where the Project is located. § 3 .1 .2 The Design-Builder shall designate in writing a representative who is authorized to act on the Design-Builder' s behalf with respect to the Project. § 3 .1 .3 The Design-Builder shall perform the Work in accordance with the Design-Build Documents. The Design-Builder shall not be relieved of the obligation to perform the Work in accordance with the Design-Build Documents by the activities, tests, inspections or approvals of the Owner. § 3 .1 .3.1 The Design-Builder shall perform the Work in compliance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities . If the Design-Builder performs Work contrary to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, the Design-Builder shall assume responsibility for such Work and shall bear the costs attributable to correction. § 3 .1 .3 .2 Neither the Design-Builder nor any Contractor, Consultant, or Architect shall be obligated to perform any act which they believe will violate any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities. If the Design-Builder determines that implementation of any instruction received from the Owner, including those in the Owner' s Criteria, would cause a violation of any applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Design-Builder shall notify the Owner in writing. Upon verification by the Owner that a change to the Owner' s Criteria is required to remedy the violation, the Owner and the Design-Builder shall execute a Modification in accordance with Article 6 . § 3.1 .4 The Design-Builder shall be responsible to the Owner for acts and omissions of the Design-Builder' s employees, Architect, Consultants, Contractors, and their agents and employees, and other persons or entities performing portions of the Work. § 3.1 .5 General Consultation . The Design-Builder shall schedule and conduct periodic meetings with the Owner to review matters such as procedures, progress, coordination, and scheduling of the Work. § 3 .1 .6 When applicable law requires that services be performed by licensed professionals, the Design-Builder shall provide those services through qualified, licensed professionals . The Owner understands and agrees that the services of the Design-Builder' s Architect and the Design-Builder' s other Consultants are performed in the sole interest of, and for the exclusive benefit of, the Design-Builder. § 3 .1 .7 The Design-Builder, with the assistance of the Owner, shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. Init. AIA Document A141 - - 2014 . Copyright 2004 and 2014 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 7 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/1412023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 3.1 . 8 Progress Reports § 3.1 .8.1 The Design-Builder shall keep the Owner informed of the progress and quality of the (Paragraphs deleted) Work on an as-needed basis . . (Paragraphs deleted) § 3 .1 .9 Design•Builder's Schedules § 3.1 .9.1 The Design-Builder, promptly after execution of this Agreement, shall prepare and submit for the Owner' s information a schedule for the Work. The schedule, including the time required for design and construction, shall not exceed time limits current under the Design-Build Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Design-Build Documents, shall provide for expeditious and practicable execution of the Work, and shall include allowances for periods of time required for the Owner' s review and for approval of submissions by authorities having jurisdiction over the Project. § 3.1 .9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. § 3 .1 .10 Certifications. Upon the Owner's written request, the Design-Builder shall obtain from the Architect, Consultants, and Contractors, and furnish to the Owner, certifications with respect to the documents and services provided by the Architect, Consultants, and Contractors (a) that, to the best of their knowledge, information and belief, the documents or services to which the certifications relate (i) are consistent with the Design-Build Documents, except to the extent specifically identified in the certificate, and (ii) comply with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in the certifications . The Design-Builder' s Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services . § 3 .1 . 11 Design-Builder's Submittals § 3.1 . 11 .1 Prior to submission of any Submittals, the Design-Builder shall prepare a Submittal schedule, and shall submit the schedule for the Owner' s approval . The Owner' s approval shall not unreasonably be delayed or withheld . The Submittal schedule shall ( 1 ) be coordinated with the Design-Builder' s schedule provided in Section 3 . 1 . 9 . 1 , (2) allow the Owner reasonable time to review Submittals, and (3 ) be periodically updated to reflect the progress of the Work. If the Design-Builder fails to submit a Submittal schedule, the Design-Builder shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of Submittals . § 3.1 .11 .2 By providing Submittals the Design-Builder represents to the Owner that it has ( 1 ) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so and (3) checked and coordinated the information contained within such Submittals with the requirements of the Work and of the Design-Build Documents . § 3 . 1 .11 .3 The Design-Builder shall perform no portion of the Work for which the Design-Build Documents require Submittals until the Owner has approved the respective Submittal. § 3.1 . 11 .4 The Work shall be in accordance with approved Submittals except that the Design-Builder shall not be relieved of its responsibility to perform the Work consistent with the requirements of the Design-Build Documents. The Work may deviate from the Design-Build Documents only if the Design-Builder has notified the Owner in writing of a deviation from the Design-Build Documents at the time of the Submittal and a Modification is executed authorizing the identified deviation. The Design-Builder shall not be relieved of responsibility for errors or omissions in Submittals by the Owner's approval of the Submittals . § 3.1 . 11 .5 All professional design services or certifications to be provided by the Design-Builder, including all drawings, calculations, specifications, certifications, shop drawings and other Submittals, shall contain the signature and seal of the licensed design professional preparing them. Submittals related to the Work designed or certified by the licensed design professionals, if prepared by others, shall bear the licensed design professional ' s written approval . The Owner and its consultants shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 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 8 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 3 .1 . 12 Warranty. The Design-Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Design-Build Documents require or permit otherwise. The Design-Builder further warrants that the Work will conform to the requirements of the Design-Build Documents and will be free from defects, except for those inherent in the quality of the Work or otherwise expressly permitted by the Design-Build Documents . Work, materials, or equipment not conforming to these requirements may be considered defective. The Design-Builder' s warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Design-Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Design-Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. [warranty period is one year from Final Completion] § 3 .1 . 13 Royalties, Patents and Copyrights § 3 .1 . 13 .1 The Design-Builder shall pay all royalties and license fees . § 3 .1 . 13 .2 The Design-Builder shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and its separate contractors and consultants harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Owner, or where the copyright violations are required in the Owner' s Criteria. However, if the Design-Builder has reason to believe that the design, process or product required in the Owner's Criteria is an infringement of a copyright or a patent, the Design-Builder shall be responsible for such loss unless such information is promptly furnished to the Owner. If the Owner receives notice from a patent or copyright owner of an alleged violation of a patent or copyright, attributable to the Design-Builder, the Owner shall give prompt written notice to the Design-Builder. § 3 .1 . 14 Indemnification § 3 .1 . 14.1 To the fullest extent permitted by law, the Design-Builder shall indemnify and hold harmless the Owner, including the Owner' s agents and employees, from and against claims, damages, losses and expenses, including but not limited to attorneys ' fees, arising out of or resulting from performance of the Work, but only to the extent caused by the negligent acts or omissions of the Design-Builder, Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable . Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3 . 1 . 14. § 3 .1 . 14.2 The indemnification obligation under this Section 3 . 1 . 14 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for Design-Builder, Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by them, under workers ' compensation acts, disability benefit acts or other employee benefit acts . § 3 .1 . 15 Contingent Assignment of Agreements § 3 .1 .15.1 Each agreement for a portion of the Work is assigned by the Design-Builder to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause, pursuant to Sections 13 . 1 .4 or 13 .2 .2, and only for those agreements that the Owner accepts by written notification to the Design-Builder and the Architect, Consultants, and Contractors whose agreements are accepted for assignment; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of an agreement, the Owner assumes the Design-Builder' s rights and obligations under the agreement. § 3 .1 . 15.2 Upon such assignment, if the Work has been suspended for more than 30 days, the compensation under the assigned agreement shall be equitably adjusted for increases in cost resulting from the suspension. § 3 .1 .15.3 Upon such assignment to the Owner under this Section 3 . 1 . 15 , the Owner may further assign the agreement to a successor design-builder or other entity . If the Owner assigns the agreement to a successor design-builder or other entity, the Owner shall nevertheless remain legally responsible for all of the successor design-builder' s or other entity ' s obligations under the agreement. Init. AIA Document A141 ' - 2014 , Copyright © 2004 and 2014 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 9 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 3 .1 .16 Design"Builder's Insurance and Bonds. The Design-Builder shall purchase and maintain insurance and provide bonds as set forth in Exhibit B . ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN-BUILD AMENDMENT § 4. 1 General § 4. 1 .1 Any information submitted by the Design-Builder, and any interim decisions made by the Owner, shall be for the purpose of facilitating the design process and shall not modify the Owner' s Criteria unless the Owner and Design-Builder execute a Modification. § 4. 1 .2 The Design-Builder shall advise the Owner on proposed site use and improvements, selection of materials, and building systems and equipment. The Design-Builder shall also provide the Owner with recommendations, consistent with the Owner' s Criteria, on constructability; availability of materials and labor; time requirements for procurement, installation and construction; and factors related to construction cost including, but not limited to, costs of alternative designs or materials, preliminary budgets, life-cycle data, and possible cost reductions . § 4.2 Evaluation of the Owner's Criteria § 4.2. 1 The Design-Builder shall schedule and conduct meetings with the Owner and any other necessary individuals or entities to discuss and review the Owner' s Criteria as set forth in Section 1 . 1 .The Design-Builder shall thereafter again meet with the Owner to discuss a preliminary evaluation of the Owner' s Criteria. The preliminary evaluation shall address possible alternative approaches to design and construction of the Project and include the Design-Builder's recommendations, if any, with regard to accelerated or fast-track scheduling, procurement, or phased construction. The preliminary evaluation shall consider cost information, constructability, and procurement and construction scheduling issues . § 4.2.2 After the Design-Builder meets with the Owner and presents the preliminary evaluation, the Design-Builder shall provide a written report to the Owner, summarizing the Design-Builder' s evaluation of the Owner's Criteria. The report shall also include .1 allocations of program functions, detailing each function and their square foot areas; .2 a preliminary estimate of the Cost of the Work, and, if necessary, recommendations to adjust the Owner' s Criteria to conform to the Owner' s budget; .3 a preliminary schedule, which shall include proposed design milestones; dates for receiving additional information from, or for work to be completed by, the Owner; anticipated date for the Design-Builder' s Proposal; and dates of periodic design review sessions with the Owner; and .4 the following: (List additional information, if any, to be included in the Design-Builder 's written report.) § 4.2.3 The Owner shall review the Design-Builder' s written report and, if acceptable, provide the Design-Builder with written consent to proceed to the development of the Preliminary Design as described in Section 4.3 . The consent to proceed shall not be understood to modify the Owner' s Criteria unless the Owner and Design-Builder execute a Modification. § 4.3 Preliminary Design § 4.3. 1 Upon the Owner's issuance of a written consent to proceed under Section 4.2.3 , the Design-Builder shall prepare and submit a Preliminary Design to the Owner. The Preliminary Design shall include a report identifying any deviations from the Owner' s Criteria, and shall include the following: .1 Confirmation of the allocations of program functions ; . 2 Site plan; . 3 Building plans, sections and elevations, A Structural system; . 5 Selections of major building systems, including but not limited to mechanical, electrical and plumbing systems ; and . 6 Outline specifications or sufficient drawing notes describing construction materials . Init. AIA Document A141 ' - 2014 , Copyright © 2004 and 2014 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 10 16:36:33 ET on 07/16/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) The Preliminary Design may include some combination of physical study models, perspective sketches, or digital modeling. § 4.3.2 The Owner shall review the Preliminary Design and, if acceptable, provide the Design-Builder with written consent to proceed to development of the Design-Builder' s Proposal. The Preliminary Design shall not modify the Owner' s Criteria unless the Owner and Design-Builder execute a Modification. § 4.4 Design-Builder's Proposal § 4.4. 1 Upon the Owner's issuance of a written consent to proceed under Section 4.3 .2, the Design-Builder shall prepare and submit the Design-Builder' s Proposal to the Owner. The Design-Builder' s Proposal shall include the following: . 1 A list of the Preliminary Design documents and other information, including the Design-Builder' s clarifications, assumptions and deviations from the Owner's Criteria, upon which the Design-Builder's Proposal is based; .2 The proposed Contract Sum, including the compensation method and Guaranteed Maximum Price.; .3 The proposed date the Design-Builder shall achieve Substantial Completion; .4 An enumeration of any qualifications and exclusions, if applicable; .5 A list of the Design-Builder' s key personnel, Contractors and suppliers; and .6 The date on which the Design-Builder' s Proposal expires . § 4.4.2 Submission of the Design-Builder' s Proposal shall constitute a representation by the Design-Builder that it has visited the site and become familiar with local conditions under which the Work is to be completed . § 4.4.3 If the Owner and Design-Builder agree on a proposal, the Owner and Design-Builder shall execute the Design-Build Amendment setting forth the terms of their agreement. ARTICLE 5 WORK PRIOR TO AND FOLLOWING EXECUTION OF THE DESIGN-BUILD AMENDMENT § 5.1 Construction Documents § 5.1 .1 Prior to execution of the Design-Build Amendment, the Design-Builder shall prepare Construction _ Documents . The Construction Documents shall establish the quality levels of materials and systems required. The Construction Documents shall be consistent with the Design-Build Documents . The Guaranteed Maximum Price shall be based on 100% complete Construction Documents . § 5.1 .2 The Design-Builder shall provide the Construction Documents to the Owner for the Owner' s information. If the Owner discovers any deviations between the Construction Documents and the Design-Build Documents, the Owner shall promptly notify the Design-Builder of such deviations in writing. The Construction Documents shall not modify the Design-Build Documents unless the Owner and Design-Builder execute a Modification. The failure of the Owner to discover any such deviations shall not relieve the Design-Builder of the obligation to perform the Work in accordance with the Design-Build Documents . § 5 .2 Construction § 5.2.1 Commencement. Except as permitted in Section 5 . 2 . 2 , construction shall not commence prior to execution of the Design-Build Amendment. § 5.2.2 If the Owner and Design-Builder agree in writing, construction may proceed prior to the execution of the Design-Build Amendment. However, such authorization shall not waive the Owner' s right to reject the Design-Builder' s Proposal . § 5.2 .3 The Design-Builder shall supervise and direct the Work, using the Design-Builder' s best skill and attention. The Design-Builder shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Design-Build Documents give other specific instructions concerning these matters . § 5 .2.4 The Design-Builder shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. AIA Document A141 - - 2014 , Copyright 02004 and 2014 by The American Institute of Architects. All rights reserved . The "American Institute of Architects,' "AIA," Init. 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 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 5 .3 Labor and Materials § 5 .3.1 Unless otherwise provided in the Design-Build Documents, the Design-Builder shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services, necessary for proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. § 5.3.2 When a material or system is specified in the Design-Build Documents, the Design-Builder may make substitutions only in accordance with Article 6 . § 5.3.3 The Design-Builder shall enforce strict discipline and good order among the Design-Builder's employees and other persons carrying out the Work. The Design-Builder shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them . § 5.4 Taxes The Design-Builder shall pay sales, consumer, use and similar taxes, for the Work provided by the Design-Builder, that are legally enacted when the Design-Build Amendment is executed, whether or not yet effective or merely scheduled to go into effect. § 5 .5 Permits, Fees, Notices and Compliance with Laws § 5 .5.1 Unless otherwise provided in the Design-Build Documents, the Design-Builder shall secure and pay for the building permit as well as any other permits, fees, licenses, and inspections by government agencies, necessary for proper execution of the Work and Substantial Completion of the Project. § 5 .5.2 The Design-Builder shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, applicable to performance of the Work. § 5.5.3 Concealed or Unknown Conditions . If the Design-Builder encounters conditions at the site that are ( 1 ) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design-Build Documents or (2) unknown physical conditions of an unusual nature that differ materially from those - ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Documents, the Design-Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 days after first observance of the conditions . The Owner shall promptly investigate such conditions and, if the Owner determines that they differ materially and cause an increase or decrease in the Design-Builder's cost of, or time required for, performance of any part of the Work, shall recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents and that no change in the terms of the Contract is justified, the Owner shall promptly notify the Design-Builder in writing, stating the reasons. If the Design-Builder disputes the Owner' s determination or recommendation, the Design-Builder may proceed as provided in Article 14. § 5.5.4 If, in the course of the Work, the Design-Builder encounters human remains, or recognizes the existence of burial markers, archaeological sites, or wetlands, not indicated in the Design-Build Documents, the Design-Builder shall immediately suspend any operations that would affect them and shall notify the Owner. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Design-Builder shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features . Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 14. (Paragraphs deleted) § 5.7 Key Personnel, Contractors and Suppliers § 5.7. 1 The Design-Builder shall not employ personnel, or contract with Contractors or suppliers to whom the Owner has made reasonable and timely objection. The Design-Builder shall not be required to contract with anyone to whom the Design-Builder has made reasonable and timely objection. Init. AIA Document A141 W . 2014 , Copyright © 2004 and 2014 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 12 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in t accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes: (1867925078) § 5.7.2 If the Design-Builder changes any of the personnel, Contractors or suppliers identified in the Design-Build Amendment, the Design-Builder shall notify the Owner and provide the name and qualifications of the new personnel, Contractor or supplier. The Owner may reply within 14 days to the Design-Builder in writing, stating ( 1 ) whether the Owner has reasonable objection to the proposed personnel, Contractor or supplier or (2) that the Owner requires additional time to review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.7.3 Except for those persons or entities already identified or required in the Design-Build Amendment, the Design-Builder, as soon as practicable after execution of the Design-Build Amendment, shall furnish in writing to the Owner the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner may reply within 14 days to the Design-Builder in writing stating ( 1 ) whether the Owner has reasonable objection to any such proposed person or entity or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.7. 3.1 If the Owner has reasonable objection to a person or entity proposed by the Design-Builder, the Design-Builder shall propose another to whom the Owner has no reasonable objection. If the rejected person or entity was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute person or entity' s Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Design-Builder has acted promptly and responsively in submitting names as required. § 5.8 Documents and Submittals at the Site The Design-Builder shall maintain at the site for the Owner one copy of the Design-Build Documents and a current set of the Construction Documents, in good order and marked currently to indicate field changes and selections made during construction, and one copy of approved Submittals. The Design-Builder shall deliver these items to the Owner in accordance with Section 9 . 10 .2 as a record of the Work as constructed. § 5.9 Use of Site The Design-Builder shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Design-Build Documents, and shall not unreasonably encumber the site with materials or equipment. § 5. 10 Cutting and Patching The Design-Builder shall not cut, patch or otherwise alter fully or partially completed construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor; such consent shall not be unreasonably withheld . The Design-Builder shall not unreasonably withhold from the Owner or a separate contractor the Design-Builder' s consent to cutting or otherwise altering the Work. § 5.11 Cleaning Up § 5.11 .1 The Design-Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Design-Builder shall remove waste materials, rubbish, the Design-Builder's tools, construction equipment, machinery and surplus materials from and about the Project. § 5.11 .2 If the Design-Builder fails to clean up as provided in the Design-Build Documents, the Owner may do so and Owner shall be entitled to reimbursement from the Design-Builder. § 5.12 Access to Work The Design-Builder shall provide the Owner and its separate contractors and consultants access to the Work in preparation and progress wherever located. The Design-Builder shall notify the Owner regarding Project safety criteria and programs, which the Owner, and its contractors and consultants, shall comply with while at the site . (Paragraphs deleted) Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, " "AIA," the AIA Logo, and WA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 13 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 5. 13 .1 .4 Unless otherwise provided in the Design-Build Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or separate contractors, the Owner shall be deemed to be subject to the same obligations, and to have the same rights, that apply to the Design-Builder under the Contract. § 5 .14 Mutual Responsibility § 5 .14.1 The Design-Builder shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Design-Builder's construction and operations with theirs as required by the Design-Build Documents . § 5.14.2 If part of the Design-Builder' s Work depends upon construction or operations by the Owner or a separate contractor, the Design-Builder shall, prior to proceeding with that portion of the Work, prepare a written report to the Owner, identifying apparent discrepancies or defects in the construction or operations by the Owner or separate contractor that would render it unsuitable for proper execution and results of the Design-Builder' s Work. Failure of the Design-Builder to report shall constitute an acknowledgment that the Owner' s or separate contractor's completed or partially completed construction is fit and proper to receive the Design-Builder' s Work, except as to defects not then reasonably discoverable. § 5.14.3 The Design-Builder shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Design-Builder' s delays, improperly timed activities or defective construction. The Owner shall be responsible to the Design-Builder for costs the Design-Builder incurs because of a separate contractor' s delays, improperly timed activities, damage to the Work or defective construction. § 5.14.4 The Design-Builder shall promptly remedy damage the Design-Builder wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10 .2.5 . § 5.14.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching the Work as the Design-Builder has with respect to the construction of the Owner or separate contractors in Section 5 . 10 . § 5.15 Owner's Right to Clean Up - If a dispute arises among the Design-Builder, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and will allocate the cost among those responsible. ARTICLE 6 CHANGES IN THE WORK § 6.1 General § 6 .1 .1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order or Change Directive, subject to the limitations stated in this Article 6 and elsewhere in the Design-Build Documents. § 6.1 .2 A Change Order shall be based upon agreement between the Owner and Design-Builder. The Owner may issue a Change Directive without agreement by the Design-Builder. § 6.1 .3 Changes in the Work shall be performed under applicable provisions of the Design-Build Documents, and the Design-Builder shall proceed promptly, unless otherwise provided in the Change Order or Change Directive. § 6 .2 Change Orders A Change Order is a written instrument signed by the Owner and Design-Builder stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder' s compensation; and .3 The extent of the adjustment, if any, in the Contract Time. § 6 .3 Change Directives § 6 .3.1 A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder' s compensation, or Contract Time. The Owner may by Change Directive, without invalidating the Init. AIA Document A141 ` - 2014 . Copyright © 2004 and 2014 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 14 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder' s compensation, and Contract Time being adjusted accordingly. § 6 .3.2 A Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 6 .3.3 If the Change Directive provides for an adjustment to the Contract Sum or, if prior to execution of the Design-Build Amendment, an adjustment in the Design-Builder' s compensation, the adjustment shall be based on one of the following methods : .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Design-Build Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 6 .3 .7 . § 6 .3.4 If unit prices are stated in the Design-Build Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Design-Builder, the applicable unit prices shall be equitably adjusted. § 6 .3.5 Upon receipt of a Change Directive, the Design-Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design-Builder' s agreement or disagreement with the method, if any, provided in the Change Directive for determining the proposed adjustment in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder' s compensation, or Contract Time . § 6.3. 6 A Change Directive signed by the Design-Builder indicates the Design-Builder' s agreement therewith, including adjustment in Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder' s compensation, and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 6 .3 .7 If the Design-Builder does not respond promptly or disagrees with the method for adjustment in the Contract Sum or, if prior to execution of the Design-Build Amendment, the method for adjustment in the Design-Builder' s compensation, the Owner shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 6 .3 .3 .3 , the Design-Builder shall keep and present, in such form as the Owner may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Design-Build Documents, costs for the purposes of this Section 6 .3 .7 shall be limited to the following: . 1 Additional costs of professional services; .2 Costs of labor, including social security, unemployment insurance, fringe benefits required by agreement or custom, and workers ' compensation insurance; .3 Costs of materials, supplies and equipment, including cost of transportation, whether incorporated or consumed; .4 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Design-Builder or others; .5 Costs of premiums for all bonds and insurance, permit fees, and sales, use or similar taxes related to the Work; and .6 Additional costs of supervision and field office personnel directly attributable to the change. § 6 .3.8 The amount of credit to be allowed by the Design-Builder to the Owner for a deletion or change that results in a net decrease in the Contract Sum or, if prior to execution of the Design-Build Amendment, in the Design-Builder' s compensation, shall be actual net cost. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 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 15 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in I accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 6 .3 .9 Pending final determination of the total cost of a Change Directive to the Owner, the Design-Builder may request payment for Work completed under the Change Directive in Applications for Payment. The Owner will make an interim determination for purposes of certification for payment for those costs deemed to be reasonably justified. The Owner' s interim determination of cost shall adjust the Contract Sum or, if prior to execution of the Design-Build Amendment, the Design-Builder' s compensation, on the same basis as a Change Order, subject to the right of Design-Builder to disagree and assert a Claim in accordance with Article 14, § 6 .3. 10 When the Owner and Design-Builder agree with a determination concerning the adjustments in the Contract Sum or, if prior to execution of the Design-Build Amendment, the adjustment in the Design-Builder' s compensation and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Owner and Design-Builder shall execute a Change Order. Change Orders may be issued for all or any part of a Change Directive . ARTICLE 7 OWNER'S RESPONSIBILITIES § 7.1 General § 7.1 . 1 The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all Project matters requiring the Owner' s approval or authorization. § 7.1 .2 The Owner shall render decisions in a timely manner and in accordance with the Design-Builder's schedule agreed to by the Owner. The Owner shall furnish to the Design-Builder, within 15 days after receipt of a written request, information necessary and relevant for the Design-Builder to evaluate, give notice of or enforce mechanic' s lien rights . Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner' s interest therein. § 7.2 Information and Services Required of the Owner § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness . § 7.2.2 The Owner shall provide, to the extent under the Owner' s control and if not required by the Design-Build - Documents to be provided by the Design-Builder, the results and reports of prior tests, inspections or investigations conducted for the Project involving structural or mechanical systems; chemical, air and water pollution; hazardous materials; or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site. Upon receipt of a written request from the Design-Builder, the Owner shall also provide surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site under the Owner's control . § 7.2.3 The Owner shall promptly obtain easements, zoning variances, and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project. J § 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits, licenses and inspections . § 7.2.5 The services, information, surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense, and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing, the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof. In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work. § 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents, the Owner shall give prompt written notice thereof to the Design-Builder. § 7.2.7 Prior to the execution of the Design-Build Amendment, the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner' s obligations under the Design-Build Documents and the Design-Builder' s Proposal . Thereafter, the Design-Builder may only request such evidence if ( 1 ) the Owner fails to make payments to the Design-Builder as the Design-Build Documents require; (2) a change in the Work materially changes the Contract Sum; or (3 ) the Design-Builder identifies in writing Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 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 16 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 0711412023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) a reasonable concern regarding the Owner' s ability to make payment when due . The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change. After the Owner furnishes the evidence, the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder. § 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized, the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder. § 7.2 .9 Unless required by the Design-Build Documents to be provided by the Design-Builder, the Owner shall, upon request from the Design-Builder, furnish the services of geotechnical engineers or other consultants for investigation of subsurface, air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder. In such event, the Design-Builder shall specify the services required. Such services may include, but are not limited to, test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion and resistivity tests, and necessary operations for anticipating subsoil conditions . The services of geotechnical engineer(s) or other consultants shall include preparation and submission of all appropriate reports and professional recommendations . § 7.2. 10 The Owner shall purchase and maintain insurance as set forth in Exhibit B . § 7.3 Submittals § 7.3.1 The Owner shall review and approve or take other appropriate action on Submittals. Review of Submittals is not conducted for the purpose of determining the accuracy and completeness of other details, such as dimensions and quantities; or for substantiating instructions for installation or performance of equipment or systems; or for determining that the Submittals are in conformance with the Design-Build Documents, all of which remain the responsibility of the Design-Builder as required by the Design-Build Documents . The Owner' s action will be taken in accordance with the submittal schedule approved by the Owner or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Owner' s judgment to permit adequate review. The Owner' s review of Submittals shall not relieve the Design-Builder of the obligations under Sections 3 . 1 . 11 , 3 . 1 . 12, _ and 5 .2.3 . The Owner' s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Owner, of any construction means, methods, techniques, sequences or procedures. The Owner' s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 7.3 .2 Upon review of the Submittals required by the Design-Build Documents, the Owner shall notify the Design-Builder of any non-conformance with the Design-Build Documents the Owner discovers . § 7.4 Visits to the site by the Owner shall not be construed to create an obligation on the part of the Owner to make on-site inspections to check the quality or quantity of the Work. The Owner shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, because these are solely the Design-Builder' s rights and responsibilities under the Design-Build Documents . § 7.5 The Owner shall not be responsible for the Design-Builder' s failure to perform the Work in accordance with the requirements of the Design-Build Documents . The Owner shall not have control over or charge of, and will not be responsible for acts or omissions of the Design-Builder, Architect, Consultants, Contractors, or their agents or employees, or any other persons or entities performing portions of the Work for the Design-Builder. § 7 .6 The Owner has the authority to reject Work that does not conform to the Design-Build Documents . The Owner shall have authority to require inspection or testing of the Work in accordance with Section 15 . 5 .2, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Owner 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 Owner to the Design-Builder, the Architect, Consultants, Contractors, material and equipment suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 7.7 The Owner shall determine the date or dates of Substantial Completion in accordance with Section 9. 8 and the date of final completion in accordance with Section 9 . 10 . Init. AIA Document A141 - . 2014 , Copyright © 2004 and 2014 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 17 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07114/2023 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 7 .8 Owner's Right to Stop Work If the Design-Builder fails to correct Work which is not in accordance with the requirements of the Design-Build Documents as required by Section 11 .2 or persistently fails to carry out Work in accordance with the Design-Build Documents, the Owner may issue a written order to the Design-Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design-Builder or any other person or entity, except to the extent required by Section 5 . 13 . 1 .3 . § 7.9 Owner's Right to Carry Out the Work If the Design-Builder defaults or neglects to carry out the Work in accordance with the Design-Build Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such deficiencies . In such case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design-Builder the reasonable cost of correcting such deficiencies. If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts, the Design-Builder shall pay the difference to the Owner. ARTICLE 8 TIME § 8.1 Progress and Completion § 8.1 .1 Time limits stated in the Design-Build Documents are of the essence of the Contract. By executing the Design-Build Amendment the Design-Builder confirms that the Contract Time is a reasonable period for performing the Work. § 8.1 .2 The Design-Builder shall not, except by agreement of the Owner in writing, commence the Work prior to the effective date of insurance, other than property insurance, required by this Contract. The Contract Time shall not be adjusted as a result of the Design-Builder' s failure to obtain insurance required under this Contract. § 8 .1 .3 The Design-Builder shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.2 Delays and Extensions of Time § 8.2.1 If the Design-Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a consultant or separate contractor employed by the Owner; or by changes ordered in the Work by the Owner; or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Design-Builder's control; or by delay authorized by the Owner pending mediation and binding dispute resolution or by other causes that the Owner determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. § 8.2.2 Claims relating to time shall be made in accordance with applicable provisions of Article 14. § 8 .2.3 This Section 8 .2 does not preclude recovery of damages for delay by either party under other provisions of the Design-Build Documents . ARTICLE 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION § 9 .1 Contract Sum The Contract Sum is stated in the Design-Build Amendment. § 9 .2 Schedule of Values Where the Contract Sum is based on a stipulated sum or Guaranteed Maximum Price, the Design-Builder, prior to the first Application for Payment after execution of the Design-Build Amendment shall submit to the Owner a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Owner may require . This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Design-Builder' s Applications for Payment. § 9 .3 Applications for Payment § 9 .3.1 At least ten days before the date established for each progress payment, the Design-Builder shall submit to the Owner an itemized Application for Payment for completed portions of the Work. The application shall be notarized, if Init. AIA DocumentA141 " - 2014 , Copyright © 2004 and 2014 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 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) required, and supported by data substantiating the Design-Builder' s right to payment as the Owner may require, such as copies of requisitions from the Architect, Consultants, Contractors, and material suppliers, and shall reflect retainage if provided for in the Design-Build Documents . § 9.3.1 .1 As provided in Section 6 .3 . 9, Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Change Directives, or by interim determinations of the Owner, but not yet included in Change Orders . § 9.3.1 .2 Applications for Payment shall not include requests for payment for portions of the Work for which the Design-Builder does not intend to pay the Architect, Consultant, Contractor, material supplier, or other persons or entities providing services or work for the Design-Builder, unless such Work has been performed by others whom the Design-Builder intends to pay . § 9.3.2 Unless otherwise provided in the Design-Build Documents, payments shall be made for services provided as well as materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Design-Builder with procedures satisfactory to the Owner to establish the Owner' s title to such materials and equipment or otherwise protect the Owner' s interest, and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9 .3.3 The Design-Builder warrants that title to all Work, other than Instruments of Service, covered by an Application for Payment will pass to the Owner no later than the time of payment. The Design-Builder further warrants that, upon submittal of an Application for Payment, all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Design-Builder' s knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Design-Builder, Architect, Consultants, Contractors, material suppliers, or other persons or entities entitled to make a claim by reason of having provided labor, materials and equipment relating to the Work. § 9 .4 Certificates for Payment The Owner shall, within seven days after receipt of the Design-Builder' s Application for Payment, issue to the Design-Builder a Certificate for Payment indicating the amount the Owner determines is properly due, and notify the Design-Builder in writing of the Owner's reasons for withholding certification in whole or in part as provided in Section 9.5 . 1 . § 9.5 Decisions to Withhold Certification § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner' s determination that the Work has not progressed to the point indicated in the Design-Builder' s Application for Payment, or the quality of the Work is not in accordance with the Design-Build Documents. If the Owner is unable to certify payment in the amount of the Application, the Owner will notify the Design-Builder as provided in Section 9.4. If the Design-Builder and Owner cannot agree on a revised amount, the Owner will promptly issue a Certificate for Payment for the amount that the Owner deems to be due and owing. The Owner may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible because of .1 defective Work, including design and construction, not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Design-Builder; .3 failure of the Design-Builder to make payments properly to the Architect, Consultants, Contractors or others, for services, labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or . 7 repeated failure to carry out the Work in accordance with the Design-Build Documents . Init. AIA Document A141 ' - 2014 , Copyright © 2004 and 2014 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 19 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: ( 1867925078) § 9 .5.2 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld . § 9 .5.3 If the Owner withholds certification for payment under Section 9 .5 . 1 .3 , the Owner may, at its sole option, issue joint checks to the Design-Builder and to the Architect or any Consultants, Contractor, material or equipment suppliers, or other persons or entities providing services or work for the Design-Builder to whom the Design-Builder failed to make payment for Work properly performed or material or equipment suitably delivered. § 9 .6 Progress Payments § 9 .6. 1 After the Owner has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Design-Build Documents. § 9.6.2 The Design-Builder shall pay each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design-Builder no later than the time period required by applicable law, but in no event more than seven days after receipt of payment from the Owner the amount to which the Architect, Consultant, Contractor, and other person or entity providing services or work for the Design-Builder is entitled, reflecting percentages actually retained from payments to the Design-Builder on account of the portion of the Work performed by the Architect, Consultant, Contractor, or other person or entity . The Design-Builder shall, by appropriate agreement with each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design-Builder, require each Architect, Consultant, Contractor, and other person or entity providing services or work for the Design-Builder to make payments to subconsultants and subcontractors in a similar manner. § 9 .6.3 The Owner will, on request and if practicable, furnish to the Architect, a Consultant, Contractor, or other person or entity providing services or work for the Design-Builder, information regarding percentages of completion or amounts applied for by the Design-Builder and action taken thereon by the Owner on account of portions of the Work done by such Architect, Consultant, Contractor or other person or entity providing services or work for the Design-Builder. § 9 . 6 .4 The Owner has the right to request written evidence from the Design-Builder that the Design-Builder has properly paid the Architect, Consultants, Contractors, or other person or entity providing services or work for the Design-Builder, amounts paid by the Owner to the Design-Builder for the Work. If the Design-Builder fails to furnish such evidence within seven days, the Owner shall have the right to contact the Architect, Consultants, and Contractors to ascertain whether they have been properly paid. The Owner shall have no obligation to pay or to see to the payment of money to a Consultant or Contractor, except as may otherwise be required by law. § 9 .6.5 Design-Builder payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9 .6 .2, 9 .6 .3 and 9.6 .4. § 9 .6 .6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Design-Build Documents . § 9.6.7 Unless the Design-Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design-Builder for Work properly performed by the Architect, Consultants, Contractors and other person or entity providing services or work for the Design-Builder, shall be held by the Design-Builder for the Architect and those Consultants, Contractors, or other person or entity providing services or work for the Design-Builder, for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Design-Builder, shall create any fiduciary liability or tort liability on the part of the Design-Builder for breach of trust or shall entitle any person or entity to an award of punitive damages against the Design-Builder for breach of the requirements of this provision. § 9 .7 Failure of Payment If the Owner does not issue a Certificate for Payment, through no fault of the Design-Builder, within the time required by the Design-Build Documents, then the Design-Builder may, upon seven additional days ' written notice to the Owner, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Design-Builder's reasonable costs of shut-down, delay and start-up, plus interest as provided for in the Design-Build Documents . Init. AIA Document A141 W - 2014 . Copyright © 2004 and 2014 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 2n 16:36:33 ET on 07/16/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 9.8 Substantial Completion § 9.8. 1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion is the date certified by the Owner in accordance with this Section 9. 8 . § 9 .8.2 When the Design-Builder considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Design-Builder shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Design-Builder to complete all Work in accordance with the Design-Build Documents. § 9 .8.3 Upon receipt of the Design-Builder' s list, the Owner shall make an inspection to determine whether the Work or designated portion thereof is substantially complete . If the Owner' s inspection discloses any item, whether or not included on the Design-Builder' s list, which is not sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Design-Builder shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Owner. In such case, the Design-Builder shall then submit a request for another inspection by the Owner to determine Substantial Completion. § 9.8.4 Prior to issuance of the Certificate of Substantial Completion under Section 9 . 8 .5 , the Owner and Design-Builder shall discuss and then determine the parties ' obligations to obtain and maintain property insurance following issuance of the Certificate of Substantial Completion. § 9 .8.5 When the Work or designated portion thereof is substantially complete, the Design-Builder will prepare for the Owner' s signature a Certificate of Substantial Completion that shall, upon the Owner' s signature, establish the date of Substantial Completion; establish responsibilities of the Owner and Design-Builder for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Design-Builder shall finish all items on the list accompanying the Certificate. Warranties required by the Design-Build Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design-Builder to the Owner for written acceptance of responsibilities assigned to it in the Certificate. Upon the Owner' s acceptance, and consent of surety, if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Design-Build Documents. § 9 .9 Partial Occupancy or Use § 9 .9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder, provided such occupancy or use is consented to, by endorsement or otherwise, by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents . When the Design-Builder considers a portion substantially complete, the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9 . 8 .2 . Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner and Design-Builder shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9 .9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design-Build Documents . AIA Document A141 % - 2014 . Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The "American Institute of Architects, ' "AIA,' Init. 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 21 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Design-Builder' s written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Owner will promptly make such inspection . When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed, the Owner will, subject to Section 9. 10 .2, promptly issue a final Certificate for Payment. § 9.10 .2 Neither final payment nor any remaining retained percentage shall become due until the Design-Builder submits to the Owner ( 1 ) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work, for which the Owner or the Owner' s property might be responsible or encumbered, (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Design-Build Documents to remain in force after final payment is currently in effect, (3) a written statement that the Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design-Build Documents, (4) consent of surety, if any, to final payment, (5 ) as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction, (6) manufacturer's warranties, product data, and maintenance and operations manuals, and (7) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, or releases and waivers of liens, claims, security interests, or encumbrances, arising out of the Contract, to the extent and in such form as may be designated by the Owner. If an Architect, a Consultant, or a Contractor, or other person or entity providing services or work for the Design-Builder, refuses to furnish a release or waiver required by the Owner, the Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens, claims, security interests, or encumbrances . If such liens, claims, security interests, or encumbrances remains unsatisfied after payments are made, the Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens, claims, security interests, or encumbrances, including all costs and reasonable attorneys ' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Design-Builder or by issuance of Change Orders affecting final completion, the Owner shall, upon application by the Design-Builder, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims . § 9 .10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents; or .3 terms of special warranties required by the Design-Build Documents . § 9 . 10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Design-Builder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Design-Builder shall be responsible for precautions for the safety of, and reasonable protection to prevent damage, injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Design-Builder or the Architect, Consultants, or Contractors, or other person or entity providing services or work for the Design-Builder; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, or structures and utilities not designated for removal, relocation or replacement in the course of construction . Init. AIA Document A141 ' - 2014 . Copyright 02004 and 2014 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 22 16: 36:33 ET on 0 7/1 512 0 2 2 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes: (1867925078) § 10.2.2 The Design-Builder shall comply with, and give notices required by, applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property, or their protection from damage, injury or loss . § 10.2 .3 The Design-Builder shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notify owners and users of adjacent sites and utilities of the safeguards and protections . § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods, are necessary for execution of the Work, the Design-Builder shall exercise utmost care, and carry on such activities under supervision of properly qualified personnel . § 10.2.5 The Design-Builder shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Design-Build Documents) to property referred to in Sections 10 .2 . 1 .2 and 10 .2. 1 .3 , caused in whole or in part by the Design-Builder, the Architect, a Consultant, a Contractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Design-Builder is responsible under Sections 10 .2 . 1 .2 and 10 .2 . 1 .3 ; except damage or loss attributable to acts or omissions of the Owner, or anyone directly or indirectly employed by the Owner, or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Design-Builder. The foregoing obligations of the Design-Builder are in addition to the Design-Builder' s obligations under Section 3 . 1 . 14. § 10.2 .6 The Design-Builder shall designate a responsible member of the Design-Builder' s organization, at the site, whose duty shall be the prevention of accidents . This person shall be the Design-Builder' s superintendent unless otherwise designated by the Design-Builder in writing to the Owner. § 10.2.7 The Design-Builder shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property. If the Owner or Design-Builder suffers injury or damage to person or property because of an act or omission of the other, or of others for whose acts such party is legally responsible, written notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Design-Builder is responsible for compliance with any requirements included in the Design-Build Documents regarding hazardous materials . If the Design-Builder encounters a hazardous material or substance not addressed in the Design-Build Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Design-Builder, the Design-Builder shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner in writing. § 10.3.2 Upon receipt of the Design-Builder' s written notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Design-Builder and, in the event such material or substance is found to be present, to cause it to be rendered harmless . Unless otherwise required by the Design-Build Documents, the Owner shall furnish in writing to the Design-Builder the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance. The Design-Builder will promptly reply to the Owner in writing stating whether or not the Design-Builder has reasonable objection to the persons or entities proposed by the Owner. If the Design-Builder has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Design-Builder has no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Design-Builder. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Design-Builder' s reasonable additional costs of shut-down, delay and start-up . Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 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 23 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/1412023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Design-Builder, the Architect, Consultants, and Contractors, and employees of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys ' fees, arising out of or resulting from performance of the Work in the affected area, if in fact the material or substance presents the risk of bodily injury or death as described in Section 10 .3 . 1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury , sickness, disease or death, or to injury to, or destruction of, tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 10 .3 .4 The Owner shall not be responsible under this Section 10 .3 for materials or substances the Design-Builder brings to the site unless such materials or substances are required by the Owner's Criteria. The Owner shall be responsible for materials or substances required by the Owner' s Criteria, except to the extent of the Design-Builder' s fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Design-Builder shall indemnify the Owner for the cost and expense the Owner incurs ( 1 ) for remediation of a material or substance the Design-Builder brings to the site and negligently handles, or (2) where the Design-Builder fails to perform its obligations under Section 10 .3 . 1 , except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Design-Builder, the Design"Builder is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Design-Build Documents, the Owner shall indemnify the Design-Builder for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Design-Builder shall act, at the Design-Builder' s discretion, to prevent threatened damage, injury or loss. ARTICLE 11 UNCOVERING AND CORRECTION OF WORK § 11 .1 Uncovering of Work The Owner may request to examine a portion of the Work that the Design-Builder has covered to determine if the Work has been performed in accordance with the Design-Build Documents . If such Work is in accordance with the Design-Build Documents, the Owner and Design-Builder shall execute a Change Order to adjust the Contract Time and Contract Sum, as appropriate. If such Work is not in accordance with the Design-Build Documents, the costs of uncovering and correcting the Work shall be at the Design-Builder' s expense and the Design-Builder shall not be entitled to a change in the Contract Time unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs and the Contract Time will be adjusted as appropriate. § 11 .2 Correction of Work § 11 .2 . 1 Before or After Substantial Completion. The Design-Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design-Build Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for any design consultant employed by the Owner whose expenses and compensation were made necessary thereby, shall be at the Design-Builder's expense. § 11 .2.2 After Substantial Completion § 11 .2.2.1 In addition to the Design-Builder' s obligations under Section 3 . 1 . 12, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9 . 9 . 1 , or by terms of an applicable special warranty required by the Design-Build Documents, any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition . During the one-year period for correction of the Work, if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction, the Owner waives the Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 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 24 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) i rights to require correction by the Design-Builder and to make a claim for breach of warranty . If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may correct it in accordance with Section 7. 9 . § 11 .2.2 .2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 11 .2 .2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11 .2 . § 11 .2.3 The Design-Builder shall remove from the site portions of the Work that are not in accordance with the requirements of the Design-Build Documents and are neither corrected by the Design-Builder nor accepted by the Owner. § 11 .2 .4 The Design-Builder shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors, whether completed or partially completed, caused by the Design-Builder's correction or removal of Work that is not in accordance with the requirements of the Design-Build Documents. § 11 .2 .5 Nothing contained in this Section 11 .2 shall be construed to establish a period of limitation with respect to other obligations the Design-Builder has under the Design-Build Documents . Establishment of the one-year period for correction of Work as described in Section 11 .2 .2 relates only to the specific obligation of the Design-Builder to correct the Work, and has no relationship to the time within which the obligation to comply with the Design-Build Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Design-Builder's liability with respect to the Design-Builder' s obligations other than specifically to correct the Work. § 11 .3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Design-Build Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made . ARTICLE 12 COPYRIGHTS AND LICENSES § 12.1 Drawings, specifications, and other documents furnished by the Design-Builder, including those in electronic form, are Instruments of Service. The Design-Builder, and the Architect, Consultants, Contractors, and any other person or entity providing services or work for any of them, 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 Design-Builder and the Architect, Consultants, and Contractors, and any other person or entity providing services or work for any of them . § 12.2 The Design-Builder 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. § 12.3 Upon execution of the Agreement, the Design-Builder grants to the Owner a limited, irrevocable and non-exclusive license to use the Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under the Design-Build Documents. The license granted under this section permits the Owner to authorize its consultants and separate contractors to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Design-Builder rightfully terminates this Agreement for cause as provided in Section 13 . 1 .4 or 13 .2 . 1 the license granted in this Section 12 .3 shall terminate. § 12.3 .1 The Design-Builder shall obtain non-exclusive licenses from the Architect, Consultants, and Contractors, that will allow the Design-Builder to satisfy its obligations to the Owner under this Article 12 . The Design-Builder' s Init. AIA Document A141 ' - 2014 . CopyrightO 2004 and 2014 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 25 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: (1867925078) licenses from the Architect and its Consultants and Contractors shall also allow the Owner, in the event this Agreement is terminated for any reason other than the default of the Owner or in the event the Design-Builder' s Architect, Consultants, or Contractors terminate their agreements with the Design-Builder for cause, to obtain a limited, irrevocable and non-exclusive license solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner ( 1 ) agrees to pay to the Architect, Consultant or Contractor all amounts due, and (2) provide the Architect, Consultant or Contractor with the Owner' s written agreement to indemnify and hold harmless the Architect, Consultant or Contractor 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 alteration or use of the Instruments of Service. § 12.3 .2 In the event the Owner alters the Instruments of Service without the author's written authorization or uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Design-Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, from all claims and causes of action arising from or related to such uses . The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Design-Builder, Architect, Consultants, Contractors and any other person or entity providing services or work for any of them, 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 alteration or use of the Instruments of Service under this Section 12 .3 .2. The terms of this Section 12.3 .2 shall not apply if the Owner rightfully terminates this Agreement for cause under Sections 13 . 1 .4 or 13 .2.2 . ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination or Suspension Prior to Execution of the Design-Build Amendment § 13.1 .1 If the Owner fails to make payments to the Design-Builder for Work prior to execution of the Design-Build Amendment in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Design-Builder' s option, cause for suspension of performance of services under this Agreement. If the Design-Builder elects to suspend the Work, the Design-Builder shall give seven days ' written notice to the Owner before suspending the Work. In the event of a suspension of the Work, the Design-Builder shall have no liability to the Owner for delay or damage caused by the suspension of the Work. Before resuming the Work, the _ Design-Builder shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Design-Builder' s Work. The Design-Builder' s compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13. 1 .2 If the Owner suspends the Project, the Design-Builder shall be compensated for the Work performed prior to notice of such suspension . When the Project is resumed, the Design-Builder shall be compensated for expenses incurred in the interruption and resumption of the Design-Builder' s Work. The Design-Builder' s compensation for, and time to complete, the remaining Work shall be equitably adjusted. § 13.1 .3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Design-Builder, the Design-Builder may terminate this Agreement by giving not less than seven days ' written notice. § 13.1 .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. § 13. 1 .5 The Owner may terminate this Agreement upon not less than seven days ' written notice to the Design-Builder for the Owner' s convenience and without cause. § 13.1 .6 In the event of termination not the fault of the Design-Builder, the Design-Builder shall be compensated for Work performed prior to termination, together with Reimbursable Expenses then due and any other expenses directly attributable to termination for which the Design-Builder is not otherwise compensated. In no event shall the Design-Builder' s compensation under this Section 13 . 1 .6 be greater than the compensation set forth in Section 2 . 1 . § 13.2 Termination or Suspension Following Execution of the Design-Build Amendment § 13.2.1 Termination by the Design-Builder § 13.2. 1 .1 The Design-Builder may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Design-Builder, the Architect, a Consultant, or a Contractor, or their agents or Init. AIA Document A141 ' - 2014 , Copyright 02004 and 2014 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 26 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) employees, or any other persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder, for any of the following reasons : . 1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; . 2 An act of government, such as a declaration of national emergency that requires all Work to be stopped; . 3 Because the Owner has not issued a Certificate for Payment and has not notified the Design-Builder of the reason for withholding certification as provided in Section 9 . 5 . 1 , or because the Owner has not made payment on a Certificate for Payment within the time stated in the Design-Build Documents; or .4 The Owner has failed to furnish to the Design-Builder promptly, upon the Design-Builder' s request, reasonable evidence as required by Section 7.2 .7. § 13.2 . 1 .2 The Design-Builder may terminate the Contract if, through no act or fault of the Design-Builder, the Architect, a Consultant, a Contractor, or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder, repeated suspensions, delays or interruptions of the entire Work by the Owner as described in Section 13 .2.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less . § 13.2.1 .3 If one of the reasons described in Section 13 .2. 1 . 1 or 13 .2. 1 .2 exists , the Design-Builder may, upon seven days ' written notice to the Owner, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 13.2. 1 .4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design-Builder or any other persons or entities performing portions of the Work under contract with the Design-Builder because the Owner has repeatedly failed to fulfill the Owner' s obligations under the Design-Build Documents with respect to matters important to the progress of the Work, the Design-Builder may, upon seven additional days ' written notice to the Owner, terminate the Contract and recover from the Owner as provided in Section 13 .2. 163 . § 13 .2.2 Termination by the Owner For Cause § 13 .2.2.1 The Owner may terminate the Contract if the Design-Builder - 41 fails to submit the Proposal by the date required by this Agreement, or if no date is indicated, within a reasonable time consistent with the date of Substantial Completion; .2 repeatedly refuses or fails to supply an Architect, or enough properly skilled Consultants, Contractors, or workers or proper materials; . 3 fails to make payment to the Architect, Consultants, or Contractors for services, materials or labor in accordance with their respective agreements with the Design-Builder; .4 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .5 is otherwise guilty of substantial breach of a provision of the Design-Build Documents . § 13.2 .2.2 When any of the above reasons exist, the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design-Builder and the Design-Builder's surety, if any, seven days ' written notice, terminate employment of the Design-Builder and may, subject to any prior rights of the surety: . 1 Exclude the Design-Builder from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Design-Builder; .2 Accept assignment of the Architect, Consultant and Contractor agreements pursuant to Section 3 . 1 . 15 ; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Design-Builder, the Owner shall furnish to the Design-Builder a detailed accounting of the costs incurred by the Owner in finishing the Work. § 13.2.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 13 .2.2. 1 , the Design-Builder shall not be entitled to receive further payment until the Work is finished. § 13.2.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Design-Builder. If such costs and damages exceed the unpaid balance, the Design-Builder shall pay the difference to the Owner. The obligation for such payments shall survive termination of the Contract. Init. AIA Document A141 W - 2014 . Copyright © 2004 and 2014 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 27 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 13 .2.3 Suspension by the Owner for Convenience § 13.2.3 . 1 The Owner may, without cause, order the Design-Builder in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 13.2.3 .2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay or interruption as described in Section 13 .2. 3 . 1 . Adjustment of the Contract Sum shall include P p profit. No adjustment shall be made to the extent .1 that performance is, was or would have been so suspended, delayed or interrupted by another cause for which the Design-Builder is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 13.2.4 Termination by the Owner for Convenience § 13 .2.4. 1 The Owner may, at any time, terminate the Contract for the Owner' s convenience and without cause. § 13.2.4.2 Upon receipt of written notice from the Owner of such termination for the Owner' s convenience, the Design-Builder shall .1 cease operations as directed by the Owner in the notice; "2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and, .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Project agreements, including agreements with the Architect, Consultants, Contractors, and purchase orders, and enter into no further Project agreements and purchase orders . § 13.2.4.3 In case of such termination for the Owner' s convenience, the Design-Builder shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION § 14.1 Claims § 14al .1 Definition. A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, or other relief with respect to the terms of the Contract. The term " Claim" also includes other disputes and matters in question between the Owner and Design-Builder arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim . § 14.1 .2 Time Limits on Claims . The Owner and Design-Builder shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other, arising out of or related to the Contract in accordance with the requirements of the binding dispute resolution method selected in Section 1 .3 , within the time 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 Design-Builder waive all claims and causes of action not commenced in accordance with this Section 14. 1 .2 . § 14.1 .3 Notice of Claims § 14.1 .3 .1 Prior To Final Payment. Prior to Final Payment, Claims by either the Owner or Design-Builder must be initiated by written notice to the other parry within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 14. 1 .3.2 Claims Arising After Final Payment. After Final Payment, Claims by either the Owner or Design-Builder that have not otherwise been waived pursuant to Sections 9 . 10 .4 or 9 . 10 .5 , must be initiated by prompt written notice to the other party . The notice requirement in Section 14. 1 .3 . 1 and the Initial Decision requirement as a condition precedent to mediation in Section 14.2. 1 shall not apply . § 14a1 .4 Continuing Contract Performance. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 13 , the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents . Init. AIA Document A141 ' - 2014 . Copyright © 2004 and 2014 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 28 16:36:33 ET on 0 7/1 612 02 2 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) § 14. 1 .5 Claims for Additional Cost. If the Design-Builder intends to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the portion of the Work that relates to the Claim . Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10 .4 . § 14.1 .6 Claims for Additional Time § 14.1 .6 . 1 If the Design-Builder intends to make a Claim for an increase in the Contract Time, written notice as provided herein shall be given. The Design-Builder' s Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 14.1 .6 .2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 14.1 .7 Claims for Consequential Damages The Design-Builder and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Design-Builder for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party ' s termination in accordance with Article 13 . Nothing contained in this Section 14. 1 .7 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Design-Build Documents . § 14.2 Initial Decision § 14.2 .1 An initial decision shall be required as a condition precedent to mediation of all Claims between the Owner and Design-Builder initiated prior to the date final payment is due, excluding those arising under Sections 10 .3 and 10 .4 of the Agreement and Sections B .3 .2 .9 and B .3 .2 . 10 of Exhibit B to this Agreement, unless 30 days have passed after the Claim has been initiated with no decision having been rendered. Unless otherwise mutually agreed in writing, the Owner shall render the initial decision on Claims . § 14.2 .2 Procedure § 14.2 .2.1 Claims Initiated by the Owner. If the Owner initiates a Claim, the Design-Builder shall provide a written response to Owner within ten days after receipt of the notice required under Section 14. 1 .3 . 1 . Thereafter, the Owner shall render an initial decision within ten days of receiving the Design-Builder' s response : ( 1 ) withdrawing the Claim in whole or in part, (2) approving the Claim in whole or in part, or (3 ) suggesting a compromise. § 14.2 .2.2 Claims Initiated by the Design"Builder. If the Design-Builder initiates a Claim, the Owner will take one or more of the following actions within ten days after receipt of the notice required under Section 14. 1 .3 . 1 : ( 1 ) request additional supporting data, (2) render an initial decision rejecting the Claim in whole or in part, (3) render an initial decision approving the Claim, (4) suggest a compromise or (5) indicate that it is unable to render an initial decision because the Owner lacks sufficient information to evaluate the merits of the Claim. § 14.2 .3 In evaluating Claims, the Owner may, but shall not be obligated to, consult with or seek information from persons with special knowledge or expertise who may assist the Owner in rendering a decision . The retention of such persons shall be at the Owner' s expense . § 14.2.4 If the Owner requests the Design"Builder to provide a response to a Claim or to furnish additional supporting data, the Design-Builder shall respond, within ten days after receipt of such request, and shall either ( 1 ) provide a response on the requested supporting data, (2) advise the Owner when the response or supporting data will be furnished or (3 ) advise the Owner that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Owner will either reject or approve the Claim in whole or in part. Init. AIA Document A141 ' . 2014 , Copyright © 2004 and 2014 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 29 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 14.2 .5 The Owner' s initial decision shall ( 1 ) be in writing; (2) state the reasons therefor; and (3) identify any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution . § 14.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 14.2 . 6 . 1 . § 14.2.6 .1 Either party may, within 30 days from the date of an initial decision, demand in writing that the other party file for mediation within 60 days of the initial decision. If such a demand is made and the party receiving the demand fails to file for mediation within the time required, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 14.2.7 In the event of a Claim against the Design-Builder, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim . If the Claim relates to a possibility of a Design-Builder' s default, the Owner may, but is not obligated to, notify the surety and request the surety ' s assistance in resolving the controversy . § 14.2.8 If a Claim relates to or is the subject of a mechanic ' s lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines . § 14.3 Mediation § 14.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9 . 10 .4, 9 . 10 .5, and 14. 1 .7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 14.3 .2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this Section 14.3 .2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings . § 14.3.3 The parties shall share the mediator' s fee and any filing fees equally . The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. (Paragraphs deleted) § 14.4.4 Consolidation or Joinder § 14.4.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that ( 1 ) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 14.4.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 14.4.4.3 The Owner and Design-Builder grant to any person or entity made a party to an arbitration conducted under this Section 14.4, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Design-Builder under this Agreement. Init. AIA Document A141 ' - 2014 , Copyright © 2004 and 2014 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 30 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in / accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Governing Law The Contract shall be governed by the law of the place where the Project is located except that, if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 14.4. § 15.2 Successors and Assigns § 15.2.1 The Owner and Design-Builder, respectively, bind themselves, their partners, successors, assigns and legal representatives to the covenants, agreements and obligations contained in the Design-Build Documents . Except as provided in Section 15 .2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 15.2 .2 The Owner may, without consent of the Design-Builder, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner' s rights and obligations under the Design-Build Documents . The Design-Builder shall execute all consents reasonably required to facilitate such assignment. § 15.2 .3 If the Owner requests the Design-Builder, Architect, Consultants, or Contractors to execute certificates, other than those required by Section 3 . 1 . 10, the Owner shall submit the proposed language of such certificates for review at least 14 days prior to the requested dates of execution. If the Owner requests the Design-Builder, Architect, Consultants, or Contractors to execute consents reasonably required to facilitate assignment to a lender, the Design-Builder, Architect, Consultants, or Contractors shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to them for review at least 14 days prior to execution. The Design-Builder, Architect, Consultants, and Contractors shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of their services. § 15.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual, to a member of the firm or entity, or to an officer of the corporation for which it was intended; or if delivered at, or sent by registered or certified mail or by courier service providing proof of delivery to, the last business address known to the party giving notice. § 15.4 Rights and Remedies § 15.4. 1 Duties and obligations imposed by the Design-Build Documents, and rights and remedies available thereunder, shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. § 15.4.2 No action or failure to act by the Owner or Design-Builder shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed in writing. § 15.5 Tests and Inspections § 15.5. 1 Tests, inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities. Unless otherwise provided, the Design-Builder shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals . The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures . The Owner shall bear costs of (1 ) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing, inspection or approval not included under Section 15 . 5 . 1 , the Owner will instruct the Design-Builder to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures . Such costs, except as provided in Section 15 .5 .3 , shall be at the Owner' s expense. Init. AIA Document A141 ' - 2014 , Copyright © 2004 and 2014 by The American Institute of Architects. All rights reserved. The 4American 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 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used at 31 at accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. In User Notes: (1867926078) § 15.5.3 If such procedures for testing,inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents,all costs made necessary by such failure shall be at the Design-Builder's expense. § 15.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Design-Build Documents,be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests,inspections or approvals required by the Design-Build Documents,the Owner will do so promptly and,where practicable,at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work. § 15.6 Confidential Information If the Owner or Design-Builder transmits Confidential Information,the transmission of such Confidential Information constitutes a warranty to the party receiving such Confidential Information that the transmitting party is authorized to transmit the Confidential Information.If a party receives Confidential Information,the receiving party shall keep the Confidential Information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 15.6.1. § 15.6.1 A party receiving Confidential Information may disclose the Confidential Information as required by law or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity. A party receiving Confidential Information may also disclose the Confidential 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 Confidential Information as set forth in this Contract. § 15.7 Capitalization Terms capitalized in the Contract include those that are(1)specifically defined,(2)the titles of numbered articles or (3)the titles of other documents published by the American Institute of Architects. § 15.8 Interpretation § 15.8.1 In the interest of brevity the Design-Build Documents frequently omit modifying words such as "all" and "any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 15.8.2 Unless otherwise stated in the Design-Build Documents,words which have well-known technical or construction industry meanings are used in the Design-Build Documents in accordance with such recognized meanings. ARTICLE 16 SCOPE OF THE AGREEMENT § 16.1 This Agreement is comprised of the following documents listed below: .1 AIA Document A 141TM-2014,Standard Form of Agreement Between Owner and Design-Builder .2 AIA Document A141T`i-2014,Exhibit A,Design-Build Amendment,if executed .3 AIA Document A 141TM-2014,Exhibit B,Insurance and Bonds (Paragraphs deleted) This Agreement entered into as of the day and year first written above. OWNER(Signature) DESIGN-BUILDER(Signature) Robert E. Simison, Mayor 7-26-2022 American Ramp Company John Hunter,Vice President Attest: Chris Johnson,City Clerk 7-26-2022 Init. AIA Document A141" -2014,Copyright©2004 and 2014 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 32 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023,is not for resale,is licensed for one-time use only,and may only be used in t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1867925078) ATTACHMENT A 601 MCKINLEY Joplin, 64801 � Toll-free 877-RAMP-778 Local 417-206-6816 Fax 417-206-6888 sales americanrampcompany.com WWW , AMERICANRAMPCOMPANY . COM SCOPE LETTER & PRICING DISCOVERY BIKE PARK AND PUMP TRACK DESIGN/CD'S MERIDIAN, IDAHO MARCH 3, 2022 AMERICAN RAMP COMPANY/ALPINE BIKE PARKS — DESIGN/CD'S PRICING : Total Design/CD's Cost: $65,000.00 I AMERICAN RAMP COMPANY/ALPINE BIKE PARKS — SCOPE OF WORK INCLUSIONS: Task 1.0 CONCEPTUAL DESIGN 1.1 Project Start-Up Meeting/Site Visit (In-Person Recommended) • Meet with project team at project site to review scope of work, schedule, etc. and site opportunities/constraints. • Identify project representatives and communications protocol. 1.2 Community Input Meeting/Website (In-Person Recommended) • Meet with community members/park users for a public community engagement session . • Present sample designs/parks and gather feedback on park priorities, themes, etc. • Create custom webpage to serve as community hub throughout design process. Project webpage will be updated with surveys, design progress, etc. 1.3 Present Conceptual Design (Virtual Recommended) • Create preliminary pump track and bike park area concept for site. • Verify designs are responsive to site conditions, budget, and community input. • Submit preliminary pump track and bike park area concepts for review and present to project team/city staff. • Upload designs to community webpage for surveys/final input. 1.4 Revise Conceptual Design • Revise (one revision) conceptual design based on feedback from review. 1.5 Present Final Design (Virtual Recommended) • Present approved design to project team and/or city staff. Task 1 Deliverables: • Conceptual design services package includes up to two (2) in-person trips. • Large poster size prints of final design . • 3D and 2D designs . • Detailed cost estimate. Task 2.0 CONSTRUCTION DRAWINGS 2.1 Existing Conditions/ Demo Plan • Show relevant existing site amenities and identify items to be marked for removal or salvage. • Identify items/materials/vegetation to be removed or salvaged by keynote referenced on legend. 2.2 Site Plan/ Layout Plan • Provide location of Park perimeter and elements using horizontal coordinate curve data and/or horizontal dimensioning. 2.3 Grading & Drainage Plan • Show vertical spot elevations and cut fill calculations of Bike Park/Pumptrack surfaces and adjacent park elements. Phone: 417.206.6816 1 Fax: 417.206.6888 601 S. McKinley Ave., Joplin, MO 64801 1 www.americanrampcompany.com Init. AIA Document A141 W - 2014 . Copyright @ 2004 and 2014 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 33 16 : 36:33 ET on 07/15/2022 under Order No. 2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations , e-mail copyright@aia .org . User Notes : ( 1867925078) i • Location and sizing of necessary drainage structures, sizing and location of pipe daylight, invert and finish grades of drains. 2.4 Materials Plan • Identify material types, colors, slab thickness, metal size & types to be located within the park. • Reference all relevant construction details, cross sections, and manufactures specifications. 2.S Construction Details • Provide sufficient construction detailing forthe construction of the Park. • Provide all proposed manufactures details/specifications. 2.6 Review Period • Submit construction drawings, specifications, & cost estimate. • Address & correct any redline drawing and specification comments from City review. Task II Deliverables: • One (1) set of stamped reproducible drawings. • One (1) set of construction specifications . AMERICAN RAMP COMPANY/ALPINE BIKE PARKS — SCOPE OF WORK EXCLUSIONS/TO BE PROVIDED BY CITY/OTHERS: overall Exclusion(s): SWPPP, landscape and irrigation documents, signage, sales taxes or any other taxes not requested to be included in pricing, and any work not specifically listed in the scope of work inclusions above or the scope of work images below. City (or others) Provide(s): Landscape and irrigation documents, site surveys, and all other site Information necessary to design bike amenities per scope of work inclusions, and any required work not specifically listed in the scope of work inclusions above. POTENTIAL ADDITIVE ALTERNATES: Add Alt, 1: SWPPP = $11500.00 Add Alt, 2: Landscape/irrigation Documents = $ 5,000.00 Init. AIA Document A141 ` - 2014 . Copyright © 2004 and 2014 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 34 16: 36:33 ET on 07/15/2022 under Order No. 2114344407 which expires on 07/14/2023 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations , e-mail copyright@aia.org . User Notes : ( 1867925078) i I Additions and Deletions Report for AIA® Document A141 W - 2014 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined . Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:36:33 ET on 07/15/2022, PAGE 1 AGREEMENT made as of the day of in the year 2022 City of Meridian Department of Parks and Recreation 33 E. Broadway Avenue Meridian, Idaho 83642 American Ramp Company, Inc 601 McKinley Joplin, MO 64801 woo Discovery Park Phase H Bicycle Pump Track Design-Build PAGE 2 . %WP . . A,. NABIM. . �'€ woo See Design-Builder' s proposal attached hereto as Attachment A and incorporated herein. PAGE 3 (Identify below, or in an attached exhibit, the documentation that contains the Owner 's design requirements, including any performance specifications for the Project.) Refer to RFP — as modified in writing owner wner Raw (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports; site, boundary and topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site; etc.) See RFP, as modified in writing by owner § 1 .1 .4 The Owner' s anticipated Sustainable Objective for the Project, if any: None Additions and Deletions Report for AIA Document A141 W . 2014 . Copyright © 2004 and 2014 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 1 document was produced by AIA software at 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07114/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) arm § 1 .1 .5 Incentive programs the Owner intends to pursue for the Project, including those related to the Sustainable Objective, and any deadlines for receiving the incentives that are dependent on, or related to, the Design-Builder' s services, are as follows : None Pon (Provide total for Owner 's budget, and if known, a line item breakdown of costs.) $71 ,500 .00 for design, $700,000 .00 for construction. Or as modified by the parties in writing . man Completed construction documents by 11/l/22 sea 11/15/22 MEN Notice to proceed 12/ 15/22 few 7/15/2023 MEN Final completion 8/l /2023 PAGE 4 § 1 .1 .8 T4i@ Ownef mquifes the Design Builder to retain the. th. 11w.ving Ar-ehiteet, Consultants and Gentraoters at t Design Builder's east! Trcxvmtcas 9 Omitted . Gas Mike Barton Dow § 1 .2.2 The persons or entities, in addition to the Owner' s representative, who are required to review the Design-Builder's Submittals are as follows : Mike Barton Additions and Deletions Report for AIA Document A14111 - 2014 . Copyright © 2004 and 2014 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 2 document was produced by AIA software at 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07114/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) John Hunter American Ramp Company Inc Idaho Public Works License #016352 PAGE 5 [ X ] Litigation in a court of competent jurisdiction PAGE 6 As set forth in Attachment A, including Additive Alternates 1 and 2, with 50 % of Design Fee at 50 % design and with balance at 100% design. met none § 2.1 .3.1 Reimbursable Expenses are in addition to compensation set forth in Section 2. 1 . 1 and 2 . 1 .2 and include expenses, directly related to the Project, incurred by the Design-Builder and the Design-Builder' s Architect, Consultants, and Contractors, as follows : None — Reimbursables included in fee(s) '1 'T,.e« ..«,...tetim; Md aut em-i ..e.l out ef t travel .1 1, t . 2 , and e3ar-anet&; . 3 Fee id fe seounal of e . ,ther-it: es having sdiee .. ee paid 'b 'YY• eyt: th U t.� A Printing, F-'epieduetions, plots, standard f nn deati « ents ; . 5 Postage, andlinga^ a ,lrm aoriveF f fates, > > physieal models, meek ups, e requested by the Owner-i .6 All twEes levied an prefessiefial oer-vices and on reimbursable expea3es;aael .9 Other Pf ' eet . elcted e"eaditures, if a th ea inea, e by the Ownen § 2.1 .3.2 For Reimbursable Expenses, the compensation shall be the expenses the Design-Builder and the Design-Builder's Architect, Consultants and Contractors incurred, plus an administrative fee of n/a percent ( n/a lo) of the expenses incurred. PAGE 7 § 2.1 .4.1 Payments are due and payable upon presentation of the Design-Builder' s kweiee . Ameunts unpaid days a#er- the iaveiee date shall beaf interest at the rate entered belew, or- in the absenee thereof at the legal FeAe ailing from time to time at the « «el «leee ,.F1.usi e. s of the Design Buil 1 /r,.. ..f rate 1... qt L. 7 ,. 1 , i v t ,] 1 � � .� ... . ... ., j . . ... . .y v. H. .. . ...H aiieci-ca"eub�rcSu-irpvirl — complete and accurate invoice : , net 30 days . Owner' s funds have been budgeted and Owner makes every effort to make payments in a timely manner. Owner does not pay interest in the event of delayed pa, m� ents . § 2 . 1 . 4 .2 Reeer-ds of Reimbursable FqEpenses and ser-Wees per-f4med on 4e h. .A.si.s ef. heurbr rates shall be available to thO ()WR@r- at ffititUall5r GeffirefliOHt 4MOS for. a period ef two yea-Fs fellowing exeoutien of the Design B414 Amendment to et: ., of this Agreement,„t . Mete s first PAGE 8 Additions and Deletions Report for AIA Document A141 W - 2014 , Copyright 02004 and 2014 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 3 document was produced by AIA software at 16 :36:33 ET on 07/15/2022 under Order No. 2114344407 which expires on 0 7/1 412 0 2 3, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) § 3 . 1 .8. 1 The Design-Builder shall keep the Owner informed of the progress and quality of the WedE. On a mefft* basis, er othefwise as agfeed to by the Owner and Design Builder-, the Design Builder- shall submit wFitten progress fepefts te the Owner-, shewing estimated per-eentages of eempletion and ethef information identified belewia A WeAE . plete.l for- the pe«: e .l . .2PreJeet 60hedti!8 Stat}IS; Submittcitse edtile and stet. , ., « eung a e outstanding . tt ,r vYe„t, � ldi F di ch • i , R-espeases to requests ., Yr , ed nti n a ,1 � h r� t: a , ALpPrevoa �_. a.:.go orae=s ai��an��esn, es&ork on an as-needed basis . . Pending Change Order- and Change n:«eet:, .e st..t. . .. « ." «t . :7 TeSts Md iespeetien repefts; A Status repert e€ Wer4E r-ejeete4 by the Owner; 9 Sc us of Claims r„« �e ..1. . submitted : aeeer-danee with A «t / 1 A . , Reimbursable Expenses, if.10 Cumulative total of the Gest of the Wefk to date ineluding the Design Builder' s eempefisatien and -1-1 r, ,,.,.e t pre: e4 each flow and fore e t A ., and a to h then a Design n • la Addit}seal �:€eat}ert as agreed co by the v=v'r=iii-i�a- vnnacr; e the Design Builder- shell : elude the felle. ing additional :. , fer-m ,t: en i its « «t . S Design BmxcvrTivin'zvivezvPvrc; '2 Equipment utilization , and .3 Cost sufn :. j, a ie" «.. bet»w: easts to updated eest est. . uta PAGE 9 § 3. 1 .12 Warranty. The Design-Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Design-Build Documents require or permit otherwise. The Design-Builder further warrants that the Work will conform to the requirements of the Design"Build Documents and - will be free from defects, except for those inherent in the quality of the Work or otherwise expressly permitted by the Design"Build Documents . Work, materials, or equipment not conforming to these requirements may be considered defective. The Design-Builder's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Design-Builder, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Owner, the Design-Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. [warrant period is one year from Final Completion] PAGE 11 .2 The proposed Contract Sum, including the compensation method and, if based upe^ the Cost erWedE plus a fee, a wr4tea statement of estimated eest er-ganized by trade eategeries, the , „finge vies Design Builder' s Fe and ethe f items thateempr-ise the G t t S • and Guaranteed Maximum Price. , ARTICLE 5 WORK PRIOR TO AND FOLLOWING EXECUTION OF THE DESIGN - BUILD AMENDMENT gas § 5 . 1 . 1 Upon rior to execution of the Design-Build Amendment, the Design-Builder shall prepare Construction Documents . The Construction Documents shall establish the quality levels of materials and systems required. The Construction Documents shall be consistent with the Design-Build Documents . The Guaranteed Maximum Price shall be based on 100% complete Construction Documents, PAGE 12 §-5.6 Allewanses § 5.6 . 1 The Design Builder shall inelude in the Gea#aaet Sufn all allewanees stated in the Design Build Doeumentse items eevefed by aallewanees shall be supplied fiff- Smell am.aun4s, afid by suoh per-seas ef: entities as the OY.rfier- may Additions and Deletions Report for AIA Document A141 " - 2014 , Copyright 02004 and 2014 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 4 document was produced by AIA software at 16:36:33 ET on 07/15/2022 under Order No. 2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org . User Notes : ( 1867925078) S_5_6 Unless reasonable ebjeetien . 7 otherwise provided in !h Desigfi Build D t 1. an I I R. vfflffiwes Shall Gever the east to the Design Builder of materials and equipfnent delivered at the site direet� but the Design Buildets shall not be required to empley persens Ew entities to whem the Design BuildeF has and ., 11 t .oa taxes, loss ., plieable trade direount.. . .2 the Design Builder' s costs for unloading and handling at the site , laber, installation easts, ) Sum but not in the ., ll ,.wanoes ; and .3 whenever oests are mare thaft or- less than allewanees, the Gontr-aet Sum shall be adjusted aeeerdiiigly by Change Order. The amatint of the Change Order shall r-efleet ( 1 ) the differeftee between aettial easts Seetion 5622 7 . vcccivxr�vzz § 5 .6 . 3 The Owner shall make seleetions of materials and equipment mrith Feasonable premptness fbi: allewanees. fequirin ,, n„ neF oleet ' , PAGE 13 § 5 . 13 . 1 . 1 The Owner resevires the Fight te per-form oonstruetien er operations related to the Prejeet with the Owner ' s elwn favees ; and to award separate eantraets in eenneetion with ether peFtians of the Piqjeet5 or etker oanstruetion of apef:atians an the site, under teFms and eanditions identieval or substantially sifnilaf to this Gentraet, inoluding these tear-ffls; and. eanditions irelated *R insuraneta and waiver- of subr-egatien . The Owner- shall natify the Design Builder premptly afler exeoution of any separate eantraet. if the Design Builder Glaims that delay at% additional eost is invelved on the site3 the term "Design Buildetz" in the Design Build Deeements in eaeh ease shall mean the individual or- entity that o rates e , h separate agreement with the Owne,. § 5 . 13 . 1 . 3 The Owner shali pmvide for- oeor-difiatien of the activities of the Owner- ' s own for-ees , and of eaeb separate eenfidaeter, AFA.4h the Veloric 41.1A1.0 DI"F" ibix Builder� whe shall eaapemte with them . The Design Builder shall pai:tieipate with other separate oentraetors and the Owner- in f:e1viewing theit% eanstmetion s6hedtiles . The Pesign Builder shall make any r-evisions to the eenstruetion sehedule deemed neeessafy after- a jeint review and mutual agreement. The sehedules shall then eanstitute the sehedules to be used by the Design Builder, separate eontfaeters and the ll,, ,ner , . ntil subsequently revised . PAGE 30 § 14 . 4 Arbitration § 14 .4 . 1 if the paf4ies have seleeted avbitr-atien as the method for binding dispute reselutien in Seetion 1 .3 , any Glaim subjeet te , btA net resehred by , mediation shall be subjeet to arbitratieii whiek, unless the paAies mutually agree athefwise, shall be administered by the Amefiewi Arbitration Asseeiatien in aeeer-danee with its Construetion llidusttuj T Af!bitratieft Rules in effeet on the date of the Agreement. A demand for ar-WFEAieii shall be made in writing, deliNtefed notiee of defliatid for afbitration must asset4 in the demafid all Claims then knewn to that pafty efi 3A'hieh afbitratien is pefmitt.,.? to be denian ,lo .l § 14 . 4 . 1 . 1 A deinand for- arbitratien shall be made no ea4 . R. 1% than eane'lH491%ently with the f4ling of a Y-equeS44 mediation, but in He event shall it be made after the date whem; thek inStitutien of legal at: equitable pioerveedings based an the, C—A �aiffl. )F A I r otild be bar-red ' OF J ' A I Is I ile stattite of limitations ei: statute of repose . For statute of lifflitations A, arbitration shall eanstittite the institutien of legal E)r- equitable pi:eoeedings based an the Claim, Additions and Deletions Report for AIA Document A141 °' - 2014 . Copyright @ 2004 and 2014 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 5 document was produced by AIA software at 16 : 36: 33 ET on 07/15/2022 under Order No. 2114344407 which expires on 07/14/2023, is not for resale, is licensed for one-time use only , and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations , e-mail copyright@aia . org . User Notes : (1867925078) -44:4.3 the swat +ender ed b}t the e}b+tf aEet eratb+#atet s shall €tt�a�aty dgteeH to �eentere�e�ef�it in are fdane&wit€rapplieahle-taiwin-an-y eeu t- gjtifisdic4iew. §-44.4.3-The-€ef egeing"agr-eemeflt4e-a+bit+att efl4-ethef-agt-ee tents a arbitrate i kraa addi iet;a€�etset�e ewt+t 4uly-eonseHte4ta -pai-ties 4-a h&Agreemen shall he spesi really en€erseable+mdera linable min at3 eet ling jn+isdietiea thereof. PAGE 32 -,4-Ah4r44eeumef*-A i41T" 44;£*hihi4-G,&stainable"eets;i€een+pleted ,a A4A,-BeeufneHt-Q83 m 13,4n44inglafEwnatien eampieted, er•the•�ellewiRg: .a—Other! Robert E. Simison, Mayor 7-26-2022 American Ramp Company (Printed name and tille) 6R4We4#rahne-ah%49#e4John Hunter. Vice President Attest: Chirs Johnson,City Clerk Additions and Deletions Report for AIA Document A141' -2014.Copyright®2004 and 2014 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 6 document was produced by AIA software at 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1867925078) ATTACHMENT A 601 MCKINLEY Joplin, MO 64801 Toll-free 877-RAMP-778 now Local 417-206-6816 � Fax 417-206-6888 sales()americanrampcompany_com W W W . A M E R I CA N R A M PC 0 M PA N Y . C0 M SCOPE LETTER & PRICING DISCOVERY BIKE PARK AND PUMP TRACK DESIGN/CD'S MERIDIAN, IDAHO MARCH 31 2022 AMERICAN RAMP COMPANY/ALPINE BIKE PARKS — DESIGN/CD'S PRICING: Total Design/CD's Cost: $65,000.00 AMERICAN RAMP COMPANY/ALPINE BIKE PARKS — SCOPE OF WORK INCLUSIONS: Task 1.0 CONCEPTUAL DESIGN 1.1 Project Start-Up Meeting/Site Visit (In-Person Recommended) • Meet with project team at project site to review scope of work, schedule, etc. and site opportunities/constraints. • Identify project representatives and communications protocol. 1.2 Community Input Meeting/Website (In-Person Recommended) • Meet with community members/park users for a public community engagement session . • Present sample designs/parks and gather feedback on park priorities, themes, etc. • Create custom webpage to serve as community hub throughout design process. Project webpage will be updated with surveys, design progress, etc. 1.3 Present Conceptual Design (Virtual Recommended ) • Create preliminary pump track and bike park area concept for site. • Verify designs are responsive to site conditions, budget, and community input. • Submit preliminary pump track and bike park area concepts for review and present to project team/city staff. • Upload designs to community webpage for surveys/final input. 1.4 Revise Conceptual Design • Revise (one revision) conceptual design based on feedback from review. 1.5 Present Final Design (Virtual Recommended) • Present approved design to project team and/or city staff. Task I Deliverables : • Conceptual design services package includes up to two (2) in-person trips . • Large poster size prints of final design . • 3D and 2D designs. • Detailed cost estimate. Task 2.0 CONSTRUCTION DRAWINGS 2.1 Existing Conditions/ Demo Plan • Show relevant existing site amenities and identify items to be marked for removal or salvage. • Identify items/materials/vegetation to be removed or salvaged by keynote referenced on legend. 2.2 Site Plan/ Layout Plan • Provide location of Park perimeter and elements using horizontal coordinate curve data and/or horizontal dimensioning. 2.3 Grading & Drainage Plan • Show vertical spot elevations and cut fill calculations of Bike Park/Pumptrack surfaces and adjacent park elements. Phone : 417.206.6816 Fax: 417.206. 6888 601 S. McKinley Ave., Joplin, MO 64801 www.americanrampcompany.com Additions and Deletions Report for AIA Document A141 ` - 2014 , Copyright © 2004 and 2014 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 7 document was produced by AIA software at 16 : 36: 33 ET on 07/15/2022 under Order No. 2114344407 which expires on 07/14/2023 , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia . org . User Notes : ( 1867925078) Additions and Deletions Report for AIA Document A141 ` - 2014 . Copyright © 2004 and 2014 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 16:36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 0 7/1 412 0 2 3, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes : (1867925078) Certification of Document 's Authenticity AIA° Document D401 TM — 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16 : 36 : 33 ET on 07/ 15/2022 under Order No . 2114344407 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A141TM — 2014, Standard Form of Agreement Between Owner and Design-Builder, 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 D401n - 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 16 :36:33 ET on 07/15/2022 under Order No.2114344407 which expires on 07/14/2023, is notfor resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1867925078) E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approval of Task Order 11230.F to Brown & Caldwell for Final Design of WRRF Aeration Basins 1-4 Retrofit and 9 & 10 Upgrade for the Not-To-Exceed amount of $1,540,630.00 and Authorization for the Procurement Manager to Sign TASK ORDER NO. 11230.F Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND BROWN AND CALDWELL (ENGINEER) This Task Order is made this 26t" day of July 2022 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by BROWN AND CALDWELL, hereinafter referred to as "Consultant" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (category 2a) between the above mentioned parties dated October 1 , 2020. The Project Name for this Task Order is as follows: WRRF AERATION BASIN 1 -4 RETROFIT AND 9-10 UPGRADE PROJECT PROJECT UNDERSTANDING-SUMMARY During this phase, Consultant will conduct final design engineering, develop the Final Design, and Bid Document submittals to retrofit the existing Aeration Basins 1-4 (ABs 1- 4) and expand new Aeration Basins 9-10 (ABs 9-10). The retrofit and expansion of Aeration Basins will advance the general arrangement design developed during Preliminary Engineering. The project will involve improvements related to the following WRRF processes: • ABs 1-4 retrofit treatment capacity and associated hydraulic profile modifications including the Secondary Pump Station. • A new blower building and blowers to service ABs 1-4 and the RAS/WAS Station 2 classifying selector zone. Electrical service in the new blower building will also supply existing treatment facilities including Secondary Clarifiers 4 and 5 and RAS/WAS Station 1 . • ABs 9-10 new treatment capacity will be planned based on expansion provided as part of the Liquid Stream Capacity Expansion project. • Elutriation water redundant supply from the Post-Aeration tank. • Secondary Pump Station and Primary Clarifier 3/4 Splitter Box re-coating. Task Order 11230.E WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 1 of 14 Brown&Caldwell SCOPE OF WORK Task 1 — Final Design • Focus on advancing planning concepts that have been developed in the WRRF FP(December 2018) and the ABs 1-4 Retrofit Alternatives Analysis and Preliminary Engineering task orders. Leading up to the Final Design milestone, elements of the work will be discussed and submitted separately for review by the City to confirm design direction (e.g., Coordination Meetings). • Document the final design plans and specifications for the Project scope of work to achieve the following objectives: o Use information provided by the survey and geotechnical subconsultants to complete the detailed design. o Finalize details of design concepts documented in the Preliminary Engineering Report. o Complete detailed design and preparation of contract documents and obtain City approval on the proposed design. o Document compliance and approval with regulatory requirements that pertain to the design of sewage treatment facilities. o Obtain code compliance approval and a building permit from the City of Meridian Building Services. o Update construction cost and schedule estimates. o Serve as a vehicle for the City to solicit construction contractor bids. 1.1 Architectural Final Design • Perform architectural design up to and including final drawings and specifications for public bidding of the Project. • Final Design of the Blower Building 1 facility will match to the best extent possible architectural treatment and materials that exist on other WRRF campus buildings. Deliverables • Architectural (A) drawings and specifications will be included with the final design and bid document submittals. • COMCheck Envelope Compliance Certificate for Blower Building 1 . 1.2 Site-Civil Final Design • Design general and civil site work up to and including final drawings and specifications for public bidding of the Project. • Civil drawings and specifications will be based on new/existing topographic base mapping and as-built drawings of the existing facilities and buried utilities, engineering calculations, and new/existing background geotechnical information. • This task also includes design of access roads, site excavation, grading, paving, yard piping and utilities, drainage conveyance, and erosion control. Deliverables • General (G) and civil (C) drawings and specifications will be submitted with the final design and bid document submittals. Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 2 of 14 Brown&Caldwell • General drawings will include title sheet and vicinity maps, drawing index, general symbols, legends, and abbreviations, hydraulic profile, process flow diagram, and mass balance. • Civil drawings will include site plan, site demolition, paving and grading plans, yard piping plans, miscellaneous details, temporary erosion/sedimentation control details, and various site plans and sections. 1.3 Structural Final Design • Provide structural design, up to and including final drawings and specifications for public bidding of the Project. • Structural drawings will be based on as-built drawings of the existing facilities, structural calculations, and new/existing background geotechnical information updated as part of the geotechnical investigations during preliminary design. The controlling code will be the 2018 International Building Code with local amendments. • Structural drawings and specifications will be prepared for demolition, walls, footings, beams slabs, structural steel, concrete reinforcement, anchor bolts, bracing, miscellaneous metals, and other structural aspects of any new/existing facilities associated with the Project. Deliverables • Structural analysis and calculations associated with design of Blower Building 1 . • Structural (S) drawings and specifications will be submitted with the final and bid document submittals. 1.4 Process Mechanical Final Design • Prepare process and instrumentation documents and mechanical design documents up to and including final drawings and specifications for public bidding of the Project. • P&ID drawings will be based on as-built drawings of the existing facilities, engineering calculations, and the characteristics of new process equipment needed for this Project. • Process mechanical drawings and specifications will include final process design, equipment sizing and selection for each process area, process piping layout, and the final mechanical plan views, mechanical sections, and process control narratives. Deliverables • P&ID (1) drawings and mechanical (D) drawings and specifications will be submitted with the final and bid document submittals. 1.5 Building Mechanical Final Design • Prepare building mechanical design up to and including final drawings and specifications for public bidding of the Project. • Plumbing and Mechanical HVAC drawings will be based on equipment sizing/selection associated with Blower Building 1 and ancillary systems required to support operation of the process mechanical and electrical equipment located in Blower Building 1 . Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 3 of 14 Brown&Caldwell Deliverables • Plumbing (P) drawings and HVAC Mechanical (M) drawings and specifications will be submitted with the final and bid document submittals. • COMCheck Mechanical Compliance Certificate for Blower Building 1 . 1.6 Electrical Final Design • Perform electrical design up to and including final drawings and specifications for public bidding of the Project. • Electrical drawings will be based on power improvements required for the Project, including all raceway and cable schedules, and control schematics with reference to I&C-specified process instrumentation and control devices. • Electrical drawings will show equipment locations and associated cable or raceways and indicate equipment connections as home-run type symbols with reference to which motor control center or electrical panel that a cable is to be connected. Deliverables • Electrical (E) drawings and specifications will be submitted with the final and bid document submittals • COMCheck Interior and Exterior Lighting Compliance Certificates for Blower Building 1 . 1.7 Instrumentation Final Design • Develop instrumentation and controls drawings and specifications as required to monitor and control the Project up to and including final drawings and specifications for public bidding of the Project. • Instrumentation drawings will include sensors and instruments to be used (coordinated with electrical for hazardous environments requirements), installation details for equipment, and control system network diagrams. • Specifications will include control system hardware and software requirements and written narrative descriptions of control strategies and sequences. Deliverables • P&ID (1) drawings and specifications will be submitted with the final and bid document submittals. 1.8 Secondary Pump Station/Primary Clarifier Splitter Box Coating Evaluation • Develop a coating system specification and construction details for the replacement of the existing linings for these two structures. • Specification will provide requirements for removal of the existing lining, surface preparation standards, and new lining materials suitable for the replacement application. • Construction details will be prepared specific to the applications of the linings for this project. Deliverables • Lining system specification and construction details will be submitted with the final and document submittals. Task Order 11230.1'WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 4 of 14 Brown&Caldwell Task 2 — Project Management and Design Support Services 2.1 Document Preparation • Prepare the Final Design and Bid Document submittal packages. • Final Design and Did Document submittals will be delivered to the City in electronic PDF and hard copy formats. The specifications will be prepared in Microsoft Word and drawings will be prepared using Revit 2021 and Civil 3D (for civil drawings). Hard copy bound documents of the specifications and drawings (11"x17" half-sized drawings) will be submitted for internal distribution to the City. Deliverables • Prepare the Final Design package (work products from Task 1 activities) for City and permitting agency review. One electronic PDF and four hard copies will be provided. • After incorporating City and permitting agency review comments, a Bid Document package will be submitted to the City. One electronic PDF and four hard copies will be provided. 2.2 Project and Design Management • Provide management, direction, coordination, and control of all work associated with Project schedule, budget, subconsultants, technical quality, and monthly progress reports and invoices for the Project. • This task includes the following activities: o Update the Project Management Plan and Quality Plan for Final Design activities (internal use only). o Update the Health and Safety plan for Final Design activities (internal use only). o Maintain the Final Design project schedule. o Prepare monthly project status reports. Progress reports will identify budget status, progress status, and activities of the previous month. o Supervise project staff. o Manage Consultant budget and schedule. o Procure, supervise, and coordinate the activities of subconsultants providing specialized or supplemental engineering services. o Coordinate design disciplines. Deliverables • Monthly progress reports and invoices 2.3 Coordination Meetings • Provide a regular forum for receipt, exchange, response, and documentation of Project planning, design, and management related issues and decisions during the Project. • This task includes the following coordination meetings: o Six workshops up to 3-hours in duration on-site at the City's WRRF or via MS Teams with PM, DM, and up to four additional design engineers (discipline leads) to present and review findings, discuss design Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 5 of 14 Brown&Caldwell issues/decision log progress, and obtain site access for information gathering. o Bi-weekly internal Project team meetings during the Final Design phase (1-hour duration teleconference between Consultant disciplines) for a duration of up to seven months to discuss design issues, review schedule, and coordinate amongst discipline team members. Deliverables • Agenda and workshop presentation content to be distributed at all coordination meetings with City staff • Issues/decision log updated following each coordination meeting with City staff • Meeting notes for all coordination meetings with City staff 2.4 Construction Cost Estimate and Construction Schedule • Provide the probable construction cost and construction schedule estimates based on the Final Design submittal. A Class 1 estimate will be submitted in accordance with the Association for the Advancement of Cost Engineering Estimate Classification System for the recommended alternative. Deliverables • Cost Estimate for the Final Design will subdivide the cost estimate by process areas and by major engineering disciplines. • Construction Schedule will include a basic work breakdown structure schedule estimate based on the Final Design submittal. 2.5 Quality Assurance/Quality Control (QA/QC) • Implement a QA/QC program as defined in the Quality Plan to review products from this scope. City and regulatory agency review comments will also be incorporated to prepare and complete the Bid Document submittal. Additionally, the City is assumed to participate in this process and provide independent review of products. • Consultant will provide appropriate calculation and deliverable QA/QC reviews by in-house, senior staff members. No external value engineering reviews are included in this scope. Deliverables • Issues/decision log 2.6 Permitting Assistance • Assist the City in preparing and submitting permits and other regulatory documents required for the Final Design associated with new facility construction. • Based on prior project experience, Consultant has budgeted for the following permits and/or approvals to be included in this scope of work: o IDEQ ■ The Final Design submittal will be transmitted to IDEQ upon approval by the City. ■ Final Design submittal comments will be resolved by Consultant to the satisfaction of IDEQ. Any changes to drawings or specifications Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 6 of 14 Brown&Caldwell because of this review will be issued as part of the Bid Document submittal. o City Building Services Permits ■ Consultant will coordinate with City to set up an intake review meeting with the City Building Services Department in advance of submitting the Certificate of Zoning Compliance (CZC) checklist and Final Design permit review application. ■ The CZC checklist and supplemental information (project narrative, cover sheet, site-civil drawings, architectural elevations, and AutoCad files) will be submitted for City Building Services review/approval in advance of the Final Design submittal. ■ CZC submittal comments will be resolved by Consultant to the satisfaction of the City Building Services Department. Any changes to drawings or specifications because of this review will be issued as part of the Final Design submittal. ■ The Final Design submittal will be transmitted to the City Building Services Department following CZC approval. ■ Final Design submittal comments will be resolved by Consultant to the satisfaction of the City Building Services Department. Any changes to drawings or specifications because of this review will be issued as part of the Bid Document submittal. o Stormwater Pollution Prevention Permit (SWPPP) ■ Consultant will include drawings for installation of best management practices (BMPs) facilities in the Final Design submittal. ■ Consultant will include a specification in the Final Design submittal outlining the construction contractor's responsibilities for using the drawings in support of developing the SWPPP and submitting a Notice of Intent (NOI) to the IDEQ for coverage under the construction general permit as site operator. ■ The Final Design submittal will be transmitted to the City for review of the drawing BMPs and SWPPP specification. ■ Final Design BMP and SWPPP specification submittal comments will be resolved by Consultant to the satisfaction of the City. Any changes to drawings or specifications because of this review will be issued as part of the Bid Document submittal. • Other permits and regulatory documents may be identified during the Project and will be added to this scope and budget upon written authorization by the City. It is assumed that wetlands, biological assessments, or archaeological investigations and surveys will not be necessary. It is also assumed that the construction contractor will secure other Project-related permits such as the grading, building, electrical, and plumbing permits. Deliverables • CZC checklist and supplemental information • Final Design submittal for IDEQ, City Building Services, and BMPs/SWPPP review and approval Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 7 of 14 Brown&Caldwell 2.7 Idaho Power Company Energy Savings Incentive Grant Application • Assist in the preparation of the grant applications for Building Efficiency and Custom Wastewater Process Efficiency incentive programs. • This task includes documenting energy efficient design measures included in the project that qualify for grant incentives as follows: O Building Efficiency: ■ Lighting ■ HVAC ■ Building envelope • Controls o Custom Wastewater Process Efficiency: • Motor Systems ■ Aeration Process Controls ■ Blower Efficiency ■ Variable Frequency Drives Deliverables • Building Efficiency grant application (Excel spreadsheet template). • Custom wastewater process efficiency grant application including backup calculations and support documents (Excel spreadsheet template). 2.8 Bid Period Services • Assist the City with obtaining construction bids for the Project. The City will be responsible for advertising and bidding the Project. This budget includes a labor allowance of 240 hours for assisting the City with the Project bidding. • This task includes activities as follows: o Respond to bidder questions during the bid period. O Support addenda preparation for City distribution as required prior to bid closing. O Attend and participate in the City-led pre-bid conference. o Assist with bid evaluations. Deliverables • Answers to contractor questions and addendum documents (template for deliverable will be provided by the City and will be similar in format to prior projects). • Pre-bid conference agenda (template for agenda deliverable will be provided by the City and will be similar in format to prior projects). • Pre-bid conference technical presentation (MS Power Point) and Navisworks Building Information Model files will be transmitted to contractors via addendum following the pre-bid conference. ASSUMPTIONS While preparing our scope of services and fee schedule, Consultant has made the following assumptions: Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 8 of 14 Brown&Caldwell Civil/Geotechnical • Existing topographical survey information and base mapping will be utilized for the design of new facilities and modifications of existing facilities. • Legal, easement, and plat surveys for the WRRF site will not be required. • Civil site work plans will only be provided for areas of the site that involve disturbance to existing grading and where site restoration is needed after demolition and construction activities. • Site drawings will only be prepared for areas in the WRRF where new facilities or major retrofits to existing aeration basins are to be constructed. • It is assumed the site layout for new facilities associated with the Project will not require relocation of major utilities or structures required for continued or interim service of the WRRF • Landscaping plans will not be prepared. • New access roadway work will be limited to the areas around new ABs 9-10 and existing ABs 1-4. No traffic analysis or traffic control design is required. • The capacity of the existing fire protection system is adequate to handle the new construction and fire hydrant installation near the new Blower Building 1 . • The foundation design of new or modified facilities will be based on geotechnical information obtained by the City for this Project. • In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the Project cost and/or execution. The conditions and cost/execution effects are not the responsibility of Consultant. • New groundwater pumping facilities are not required. Structural/Architectural/Geotechnical • Conventional spread foundations will be required for all new facilities. Over excavation, preload, or piles will not be required. Underdrain systems for Aeration Basins 9-10 will match those constructed for Aeration Basins 5-8. • Building architecture (materials, construction) will be like existing structures. • No landscape architect services will be required for this Project. • No retaining walls will be required Process/Mechanical • Design concerning "plant-wide" utility systems such as basin drainage, water and in-plant waste collection/disposal will be limited to extension of and/or changes to existing piping. No new structures or equipment will be needed. • Corrosion control provisions will not be required for buried piping. • Active cathodic protection will not be required for buried piping. Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 9 of 14 Brown&Caldwell • Piping two inches in diameter and smaller will be field-routed 5-feet from entry point and 5-feet from end point. • Pipe supports, expansion/contraction control measures, and seismic bracing/control measures will be Contractor-designed based upon a performance specification which will be developed during the final design phase for all piping except for aeration pipe headers 20-inch or larger which will be designed by the Consultant. • An odor control system will not be provided. • Aeration blower type, diffusers, and other major aeration system process mechanical equipment will be designed to match the same type as the plant's existing aeration basin and blower building facilities. • Manual valves two inches in diameter and below will not be tagged. • Existing chemical (methanol and acetic acid) pumping, and storage is adequate to supply chemicals without additional pumps. New piping distribution system required for ABs 1-4 and ABs 9-10. Electrical • Electrical improvements associated with the new Blower Building 1 will include service to the ABs 1-4 retrofit, Secondary Clarifiers 4 and 5, and RAS/WAS Station 1 . Space in the new Blower Building 1 electrical room will be reserved for future electrical improvements associated with process facilities with electrical service from the existing Mechanical Building. • Electrical design will be based on existing record drawings provided by the City and Consultant observations of existing conditions; without benefit of field measurements and invasive investigation made undesirable by expense and inconvenience to the City. Unforeseen conditions uncovered during the progress of final design work may require an adjustment to the work scope subject to renegotiation with the City. • Utility coordination will be provided during the Final Design phase for any modifications required to accommodate new loads. • Fire alarm panel design is not included for the new Blower Building 1 servicing ABs 1-4 and the RAS/WAS Station 2 Classifying Selector zone. • A comprehensive power system study will be provided during the Construction phase. Code review will be limited to the City-adopted version at the time of initiation of contract of NFPA Sections 70, 820 and 497. • Public address system design or modification will not be included. Instrumentation and Controls (I&C) • I&C will match the existing system and components available during the Project. • I&C will be similar in type and sophistication to what currently exists. Analog elements and components will be used, and no significant modifications to existing I&C equipment or systems will be needed. • A design for replacing the existing Blower Building 1 and RAS/WAS Station 1 programmable logic controllers (PLCs)-based supervisory control and data Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 10 of 14 Brown&Caldwell acquisition system will be provided for those process areas. Significant modifications to existing I&C equipment or systems are not anticipated. • A design for expanding the existing Blower Building 2 PLC-based supervisory control and data acquisition system will be provided for the new ABs 9-10 expansion. • The City will provide "as-built" documentation of the existing process instrumentation and control system. City-provided information will include, but not be limited to, existing motor and control circuit diagrams, panel shop drawings, process instrument information, and process control system software documentation. • The new instrumentation and control system will be based on the use of PLCs. Plant status monitoring will be by the existing commercially available PC-based software package: Wonderware, by Schneider Electric Software. Remote access to plant components will not be provided. • Programming is excluded from this scope of work. This effort will be deferred to the construction phase of this Project and will assume that a subcontractor will be hired by the City to perform this work during the construction Project. • Security system and video system design are excluded as part of this scope of work. • Vendor-supplied control system packages will be interfaced through hardwired signals or networked signals, when available. Project Management/General • Decisions will be reached in the workshop setting and summarized in detailed TMs and/or documented and maintained in an issues/decision log. • Design deliverable milestone reviews will be streamlined by using presentations and structured Building Information Model (BIM) review meetings. • The design will be based on federal, state, and local codes and standards in effect at the beginning of the Project. Any changes in these codes may necessitate a change in scope and will be subject to renegotiation. The existing plant facilities are assumed to be in full compliance with current drainage, electrical, building, mechanical, plumbing, seismic, and other codes that apply to these types of facilities. Revisions and rehabilitation of existing plant facilities to achieve compliance with current codes are specifically excluded from this scope of work. • Preparation of contract design drawings will be based on the use of standard Consultant document protocols, CAD standards, and formats like those which have been used on previous projects with the City. All drawings will be prepared with Revit 2021 , except for civil drawings, which will be prepared with Civil 3D. • City will not seek state or federal funding. • City pre-purchase of aeration blower equipment is anticipated for this project. • Construction contractor bid period will be 6 weeks in duration. Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 11 of 14 Brown&Caldwell • In providing opinions of probable cost, financial analyses, economic feasibility projections, and schedules for the Project, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate Project cost or schedule. Therefore, Consultant makes no warranty the City's actual Project costs, financial aspects, economic feasibility, or schedules will not vary from Consultant's opinions, analyses, projections, or estimates. • The City will provide computer files of all existing plant construction drawings. These drawings are considered record drawings and will be relied upon to be accurate for design purposes. City will provide to Consultant all data in City's possession relating to Consultant's services on the Project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. If provided documents are found to be erroneous in content, an adjustment to the work scope subject to renegotiation with the City may be required. • Any investigation and remediation of possible hazardous waste, asbestos, lead paint, or other types of contamination will be conducted as a separate contract. CITY RESPONSIBILITIES City's Responsibilities Include: • Provide copies of available base maps, as-built data, and horizontal control and vertical datum points for the Project site. • Contract for survey services directly from the City's consultant roster and assist field survey crew to gain access to WRRF site for safe collection of field data. • Confirm site utility features through field locates or other methods where there are reasonable expectations the base map drawings may require additional information or verification. • Provide copies of available geotechnical data for the Project site. • Confirm or establish design criteria for site improvements using a decision/issues log. Criteria for the Final Design will be discussed during coordination meetings between the City and Consultant. • Provide available historical plant data related to the liquid stream biological treatment systems. • Provide all necessary shop drawings, submittals, records, and operation and maintenance information necessary to establish the facilities conditions that the design is based on. • Provide input on preferred equipment vendors. • Provide input on vehicle and maintenance access requirements. • Provide as-built P&IDs for existing plant systems to be upgraded. Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 12 of 14 Brown&Caldwell • Provide load trending data for the MCC's serving process areas to be upgraded. • Supply current as-built drawings for all buried and exposed power supply cables, duct banks, raceways, instrument cables, communication cabling, yard piping, process piping, and structures at the plant. • Review the Final Design submittal including summarized comments in a single file returned to Consultant, within 3 weeks of receipt of the Final Design from Consultant. • Coordinate interaction with the Idaho Department of Environmental Quality (IDEA) and City Building Services Department for review of the Final Design submittal. • Attend all Project coordination meetings to provide timely input on issues/decision log progress. • Review and provide comments on meeting notes. • Review cost estimates and construction schedule. • Participate in QA/QC reviews and provide written comments and feedback regarding review documents. • Lead construction contractor bidding period efforts to electronically distribute plans, specifications, and addendum documents. Task Order 11230.E WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 13 of 14 Brown&Caldwell TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE Task Description Estimated Completion Date Compensation 1 Final Design ■ 10 Months after Notice to Proceed $1,168,592 2 Project Management and Design • 12 Months after Notice to Support Services Proceed $372,038 TASK ORDER TOTAL: $1,540,630 The Not-To-Exceed amount to complete all services listed above for this Task Order is (one million five hundred forty thousand six hundred thirty dollars) ($1 ,540,630). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the City in the form of a Change Order. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN BROWN AN CALDWELL BY: BY: KEITH WATTS, Purchasing Manager MARTHA KNOWLTON, Vice-President Dated: 7-26-2022 Dated: 7/19/22 City Project Manager: Tyson Glock Task Order 11230.F WRRF Aeration Basins Retrofits&Upgrades—Final Design Page 14 of 14 Brown&Caldwell C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: July, 26 2022 Presenter: Consent Estimated Time: N/A Topic: Approval of Task Order 11230.F to Brown &Caldwell for Final Design of WRRF Aeration Basins 1-4 Retrofit and 9 & 10 Upgrade for the Not-To-Exceed amount of $1,540,630.00 and authorize the Procurement Manager to sign. Recommended Council Action: Approval of Task Order 11230.F to Brown & Caldwell for Final Design of WRRF Aeration Basins 1-4 Retrofit and 9 & 10 Upgrade for the Not-To-Exceed amount of$1,540,630.00 and authorize the Procurement Manager to sign. Background: This is for final design and is the 2nd task order issued to Brown & Caldwell for this project. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report -June 2022 City of Meridian Monthly Financial Report FY2022 June 2022 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 1 FIN go ;3 �I 5= e fill -_ All � �� C� � JI 77 C4 E 1DIAN F:\Reporting\Monthly Reports\FY2022\FY22 -9 June Council Report 1 of 3 Monthly Financial Report FY2022 �„�i�E IDIAN�--- June 2022 1 D A H G City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 0.89% IDAHO BOND 1.60% FUND CASH 0.00% FIB M 0,62% -FIB MoneyMarket$1,650,813 •Cash$8,566,926 MONEVMARKET •Idaho Bond Fund$72,102,945 •Idaho State Pool$136,902,971 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $900,000 $800,000 $140,000,000 $700,000 $120,000,000 $600,000 $500,000,000 $500,000 $400,000 $80,000,000 $300,000 $60,000,000 $200,000 $40,000,000 $300,000 $20,000,000 $0 General Enterprise $ General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY22 ■FY21 F:\Reporting\Monthly Reports\FY2022\FY22-9 June Council Report 2 of 3 Monthly Financial Report FY2022 C�% E IDIAN �-- June 2022 IDAHO GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 __._,_._._ - $ - 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Nonspendable ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 ..... ......... - $10,000,000 $- it 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Assigned ■Unassigned ■Assinged Reserves F:\Reporting\Monthly Reports\FY2022\FY22-9 June Council Report 3 of 3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Community Development and Public Works Department: Discussion of Potential City Code Update to Address City-Service Connections Outside City-Limits C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Caleb Hood, Community Development Meeting Date: July 26, 2022 Laurelei McVey, Public Works Presenter: Caleb Hood, Community Development Estimated Time: 20 minutes Topic: Services Without Annexation Discussion Recommended Council Action: No official action required. Seeking direction for potential future ordinance change. Background: Meridian City Code (MCC) 9-1-16 (Water) and 9-4-26 (Sewer) address connection to City services outside of city limits. Within each section, there are two processes: 1) requests to connect with no change of use or development proposed (typically due to an emergency), and 2) requests that are proposed so a property can intensify or redevelop. In 2019,the above-listed sections of City Code were modified to put forth a process for properties wanting services to develop, but not annex concurrently. The majority of concerns listed below revolve around requests to intensify or redevelop with City services without annexing into the City. This process hasn't worked as well as it could and staff would like to propose changes. Current Process: In the current process, an applicant submits a written request to the Public Works Department to connect to services. The Public Works City Engineer models the request to determine if services could be provided. Other City Departments (Fire and Community Development) are informally asked for feedback if the proposed use increases intensity or redevelopment. However, review of these projects for compliance with City standards is not comprehensive as it would be if a formal development application were submitted. The County's Codes are different than the City's and many times the City's development standards aren't proposed by the developer or required by the County. For example, the County's landscaping, pathway, street lighting and design review standards are vastly different from the City's.While some of the need or conditions may be accounted for in a service agreement, City standards usually aren't proposed so reviewing for compliance is difficult if not impossible. Fiscal Impact: All of these reviews are currently done without any review fees to cover staff time. For development projects in the County, the City loses out on Fire, Police and Parks impact fees. Yet with the inter-agency agreements, it is likely that if there is an emergency City resources will be dispatched to the property. This is a lose-lose-lose for the City-the property owner doesn't pay any property taxes, impact fees or development review fees to the City, yet our Fire and Police will likely be the first to respond. Proposed Process Change: There are very few (if any) reasons why providing City services to facilitate development projects in the County is in the best interest of the City. City staff would like to amend current policy to further clarify that development in the County with City services is highly discouraged, but when appropriate, like in the case of an emergency for an existing use, a clear and concise process to request services is available. While Staff believes Council should be able to allow connection to City services outside of the annexation process from time-to-time for an "exemplary" project that meets certain criteria,we would like to discourage these requests and make the bar higher to clear. Therefore, Staff would like to amend the City ordinance process requests for services without annexation after the more traditional pre-application and submittal process that runs through Community Development. Questions related to this proposal should be directed to: Caleb Hood, Community Development, chood@meridiancity_.org, 208-884-5533 Warren Stewart, Public Works, wstewart@meridian city.org, 208-888-5500 Kurt Starman, Legal, kstarman@meridiancity.org, 208-898-5506 Attachment: Sample ordinance changes (MCC) 9-1-16 (Water) and 9-4-26 (Sewer) CITY OF MERIDIAN ORDINANCE NO. 22- BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 9-1-16 CONCERNING CONNECTION TO CITY WATER SYSTEM OUTSIDE CITY LIMITS; AMENDING MERIDIAN CITY CODE SECTION 9-4-26 CONCERNING CONNECTION TO CITY SEWER SYSTEM OUTSIDE CITY LIMITS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Meridian City Code section 9-1-16 sets forth a process to request city water service for property which is either partially or entirely outside the city limits; and, WHEREAS, Meridian City Code section 9-4-26 sets forth a process to request city sewer service for property which is either partially or entirely outside the city limits; and, WHEREAS, the City Council of the City of Meridian has determined that, as a matter of public policy, the City of Meridian shall not extend water service and/or sewer service to property which is partially or entirely outside the city limits unless there is a compelling health or safety concern; and, WHEREAS, the City Council of the City of Meridian finds that, in order to implement its policy decision, it is necessary to amend the processes set forth in Meridian City Code sections 9-1-16 and 9-4- 26; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Meridian City Code section 9-1-16 shall be amended as follows: 9-1-16. Connection to city water system outside city limits. The city shall not grant a request to provide citXin order-to obtain,Y,,,, ieipa' water system service to a property which is either partially or entirely outside of the corporate city limits unless the requestor demonstrates a compelling health or safety reason to do so, in which case }e€the following processes shall apply: A. NVher-e the request to eenneet to the eity water-system is due to exigent eir-etimstanees, and no ehange of use of the pr-epei4y is requested: 4 A. The owner of such property shall submit to the public works department a written request to connect to the city water system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances 'usti in the requested service. 2L.B. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the Ddepartment's written recommendation,to City Council. 37C. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of LLty z water service outside the city limits, in which the owner shall agree_. aj. To comply with the city's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its Elemestie water system; 1}2. To pay all hookup, assessment, and service fees as apply to the connection to and use of the city water system; E3. To annexation into the city of the parcel(s) connected to the city water system, either immediately or when contiguous to city limits;-a4+4 4. There shall be no change of use or intensification of use of the property prior to annexation; and 4-.5. To comply with oOther reasonable conditions of granting the request to connect to the city water system. eenneet to the eity watef system. The wr-44en r-e"est shall ineltide the name and address of legal &Wfief:(s) of the pf:opet4y to be eenneeted, a legal deser4ption of the pfepei4y, and the pr-a-posed new, expanded, of intensified use neeessitating the fequested pr-opeFty, or-due to a proposed expansion e-r intensifioation of the eufFeat use of the pr-opeFty. wr-itten findings and r-eeaffimendations r-egar-ding whether-to allow the pfoposed eatineetion, an-' 3. City > , may either-grant or-deny the r-e"est after fvview 0 the materials. if City Council gt!atAs the request, the pr-opefty owner shall enter-into an agreem with the eity for-the &4ension of domestie Water-sefN,iee otitside the eity limits, in whieh the hall " a. To eomply with the eity's > Fegulations, polieies, and fees peftainifig to the Fegelation, eeatr-ol and, f its ,a v,,estie water system; b. To pay all > assessment, system,and set=viee fees as apply to the eenneetion tE) afid Use Of e. To apply f6r-annexation into the eity of the pat!eel(s) eefifieeted to the eity water eithef within thii4y(30) days of eanneetion to the eity water-system, if the pr-opei4y is eligible f6r-annexa4ion upon eenneetion, ot!within thirty(30) days of the pt!opefty beeeming eligible fef io d. That the eity may terminate water-setwiee to the pr-opei4y if the pr-apet4y owner- does not timely apply f annexation . of fefth i this seeti n; an Section 2. Meridian City Code section 9-4-26 shall be amended as follows: 9-4-26. Connection to city sewer system outside city limits; sewer inspection fee; septic tank waste dumping fee. A. Connection to city sewersystem outside city limits. The city shall not grant a request to provide citVlA steer sewer system service to a property which is either partially or entirely outside of the corporate city limits unless the requestor demonstrates a compelling health or safety reason to do so, in which case, GRe (1) e the following process shall apply: a 1. The owner of such property shall submit to the public works department a written request to connect to the city sewer system. The written request shall include the name and address of the legal owner(s) of the property to be connected, a legal description of the property, and the circumstances justifying the requested service. 1}2. The Public Works Director or designee shall review the circumstances presented by the request and prepare written findings and a recommendation regarding whether to allow the proposed connection. The Public Works Director or designee shall review the findings and recommendations with the requestor for comment. The Public Works Director shall then submit the property owner's request and comments, and the department's written recommendation,to City Council. E3. City Council, in the exercise of its discretion, may either grant or deny the request after review of the materials. If City Council grants the request, the property owner shall enter into an agreement with the City of Meridian for the extension of c�&mestiz sewer service outside the city limits, in which the owner shall agree_: Ma. To comply with the city's ordinances, regulations, policies, and fees pertaining to the regulation, control and use of its domestic sewer system; -24b. To pay all hookup, assessment, and service fees as apply to the connection to and use of the city sewer system; {-3}c. To annexation into the city of the parcel(s) connected to the city sewer system, either immediately or when contiguous to city limits;-a*d d. There shall be no change of use or intensification of use of the property prior to annexation; and {4}e. To comply with 44other reasonable conditions of granting the request to connect to the city sewer system. , seweF st t* v,T apply feF-, xati.,., a .,+f.,.-+h On this seetien; and B. Sewer line and facility inspection fee. A fee shall be established and charged for inspection of sanitary sewer lines and facilities installed by any entity other than the City of Meridian. The fee shall be approved by the City Council. C. Septic tank waste dumping fee. A fee shall be established and charged for dumping septic waste into the City of Meridian wastewater treatment plant. The fee shall be approved by the City Council. Section 3. That all ordinances,resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 22- The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 22- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2022. William L.M. Nary, City Attorney NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 22- An ordinance amending Meridian City Code section 9-1-16 concerning connection to city water system outside city limits; amending Meridian City Code section 9-4-26 concerning connection to city sewer system outside city limits; adopting a savings clause; and providing an effective date. E IDIAN;--- AGENDA ITEM ITEM TOPIC: DEPARTMENT/COMMISSION REPORTS (Action Item) Page 4 Ada County Board of Commissioners: Ada County Impact Fees FINAL REPORT January 2022 Ada County Paramedics Impact Fee Study and Capital Improvement Plans Prepared for Ada County Paramedics Prepared By Galena Consulting Anne Wescott ALENA 1214 S.Johnson St. ONSULTING Boise, Idaho 83705 Section I. Introduction This report regarding impact fees for Ada County Paramedics is organized into the following sections: An overview of the report's background and objectives; A definition of impact fees and a discussion of their appropriate use; An overview of land use and demographics; A step-by-step calculation of impact fees under the Capital Improvement Plan (CIP)approach; A list of implementation recommendations; and A brief summary of conclusions. Background and Objectives Ada County hired Galena Consulting to calculate impact fees for the Ada County Paramedics. This document presents impact fees based on Ada County demographic data and infrastructure costs before credit adjustment;calculates the Ada County Paramedics'monetary participation; examines the likely cash flow produced by the recommended fee amount; and outlines specific fee implementation recommendations. Credits can be granted on a case-by-case basis;these credits are assessed when each individual building permit is pulled. Definition of Impact Fees Impact fees are one-time assessments established by local governments to assist with the provision of Capital Improvements necessitated by new growth and development. Impact fees are governedby principles established in Title 67, Chapter 82, Idaho Code,known as the Idaho Development Impact Fee Act(Impact Fee Act)which specifically gives cities,towns and counties the authority to levy impact fees. The Idaho Code defines an impact fee as"... a payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development."' Purpose of impact fees. The Impact Fee Act includes the legislative finding that"... an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the state ofIdaho."2 GALENA CONSULTING FINAL REPORT -- PAGE 2 Idaho fee restrictions and requirements. The Impact Fee Act places numerous restrictions onthe calculation and use of impact fees, all of which help ensure that local governments adopt impact fees that are consistent with federal law.' Some of those restrictions include: • Impact fees shall not be used for any purpose other than to defray system improvement costs incurred to provide additional public facilities to serve new growth;4 • Impact fees must be expended within 8 years from the date they are collected. Fees may be held in certain circumstances beyond the 8-year time limit if the governmental entity can provide reasonable cause;' • Impact fees must not exceed the proportionate share of the cost of capital improvements needed to serve new growth and development;6 • Impact fees must be maintained in one or more interest-bearing accounts within the capital projects fund.' In addition,the Impact Fee Act requires the following: • Establishment of and consultation with a development impact fee advisory committee(Advisory Committee);' • Identification of all existing public facilities; • Determination of a standardized measure(or service unit) of consumption of public facilities; • Identification of the current level of service that existing public facilities provide; • Identification of the deficiencies in the existing public facilities; See Section 67-8203(9),Idaho Code."System improvements"are capital improvements(i.e.,improvements with a useful life of 10 years or more)that,in addition to a long life,increase the service capacity of a public facility.Public facilities include:parks,open space and recreation areas,and related capital improvements;and public safety facilities, including law enforcement,fire,emergency medical and rescue facilities.See Sections 67-8203(3),(24)and(28),Idaho Code. 2 See Section 67-8202,Idaho Code. 3 As explained further in this study,proportionality is the foundation of a defensible impact fee.To meet substantive due process requirements,an impact fee must provide a rational relationship(or nexus)between the impact fee assessed against new development and the actual need for additional capital improvements.An impact fee must substantially advance legitimate local government interests.This relationship must be of"rough proportionality."Adequate consideration ofthe factors outlined in Section 67-8207(2)ensure that rough proportionality is reached.See Banbury Development Corp.v.South Jordan,631 P.2d 899(1981);Dollan v. County/District of Tigard,512 U.S.374(1994). 4 See Sections 67-8202(4)and 67-8203(29),Idaho Code. 5 See Section 67-8210(4),Idaho Code. 6 See Sections 67-8204(1)and 67-8207,Idaho Code. 7 See Section 67-8210(1),Idaho Code. s See Section 67-8205,Idaho Code. GALENA CONSULTING FINAL REPORT -- PAGE 3 • Forecast of residential and nonresidential growth;9 • Identification of the growth-related portion of the Ada County Paramedics Capital Improvement Plan-,10 • Analysis of cash flow stemming from impact fees and other capital improvement funding sources;" • Implementation of recommendations such as impact fee credits,how impact fee revenues should be accounted for,and how the impact fees should be updated over time;12 • Preparation and adoption of a Capital Improvement Plan pursuant to state law and public hearings regarding the same;13 and • Preparation and adoption of a resolution authorizing impact fees pursuant to state law and public hearings regarding the same.14 How should fees be calculated? State law requires the County to implement the Capital Improvement Plan methodology to calculate impact fees.The County can implement fees of any amount not to exceed the fees as calculated by the CIP approach. This methodology requires the Countyto describe its service areas, forecast the land uses, densities and population that are expected to occur in those service areas over the 10-year CIP time horizon, and identify the capital improvements that will be needed to serve the forecasted growth at the planned levels of service,assuming the planned levels of service do not exceed the current levels of service."This list and cost of capital improvements constitutes the capital improvement element to be adopted as part of the Ada County Comprehensive Plan.lb Only those items identified as growth-related on the CIP are eligible to be funded by impact fees. The entity intending to adopt an impact fee must first prepare a capital improvements plan."To ensure that impact fees are adopted and spent for capital improvements in support of the community's needs and planning goals,the Impact Fee Act establishes a link between the authorityto charge impact fees and certain planning requirements of Idaho's Local Land Use Planning Act(LLUPA). The local government must have adopted a comprehensive plan per LLUPA procedures, and that comprehensive plan must be updated to include a current capital improvement element.'$This study considers the planned capital improvements for the ten-year period from 2021 to the end of 2030 that will need to be adopted as an element in Ada County's Comprehensive Plan. 9 See Section 67-8206(2),Idaho Code. 10 See Section 67-8208,Idaho Code. 11 See Section 67-8207,Idaho Code. 12 See Sections 67-8209 and 67-8210,Idaho Code. 13 See Section 67-8208,Idaho Code. 14 See Sections 67-8204 and 67-8206,Idaho Code. GALENA CONSULTING FINAL REPORT -- PAGE 4 Once the essential capital planning has taken place,impact fees can be calculated. The Impact Fee Act places many restrictions on the way impact fees are calculated and spent,particularly via the principal that local governments cannot charge new development more than a "proportionate share"of the cost of public facilities to serve that new growth. "Proportionate share"is defined as". . .that portion of the cost of system improvements . . . which reasonably relates to the service demands and needs of the project."19 Practically,this concept requires the County to carefully project future growth and estimate capital improvement costs so that it prepares reasonable and defensible impact fee schedules. The proportionate share concept is designed to ensure that impact fees are calculated by measuring the needs created for capital improvements by development being charged the impact fee;do not exceed the cost of such improvements; and are"earmarked"to fund growth-related capital improvements to benefit those that pay the impact fees. There are various approaches to calculating impact fees and to crediting new development for past and future contributions made toward system improvements. The Impact Fee Act does not specify a single type of fee calculation,but it does specify that the formula be"reasonable and fair."Impact fees should take into account the following: • Any appropriate credit, offset or contribution of money,dedication of land, or construction of system improvements; • Payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments; • That portion of general tax and other revenues allocated by the County to growth- related system improvements; and • All other available sources of funding such system improvements.20 Through data analysis and interviews with County and Ada County Paramedics staff, Galena Consulting identified the share of each capital improvement needed to serve growth. The total projected capital improvements needed to serve growth are then allocated to residential and nonresidential development with the resulting amounts divided by the appropriate growth projections from 2021 to 2030. This is consistent with the Impact Fee Act.21 Among the advantages of the CIP approach is its establishment of a spending plan to give developers and new residents more certainty about the use of the particular impact fee revenues. 15 As a comparison and benchmark for the impact fees calculated under the Capital Improvement Plan approach,Galena Consulting also calculated the Ada County Paramedics'current level of service by quantifying the Ada County Paramedics'current investment in capital improvements for each impact fee category,allocating a portion of these assets to residential and nonresidential development,and dividing the resulting amount by current housing units (residential fees)or current square footage(nonresidential fees).By using current assets to denote the current service standard,this methodology guards against using fees to correct existing deficiencies. 16 See Sections 67-8203(4)and 67-8208,Idaho Code. 17 See Section 67-8208,Idaho Code. 18 See Sections 67-8203(4)and 67-8208,Idaho Code. 19 See Section 67-8203(23),Idaho Code. 20 See Section 67-8207,Idaho Code. 21 The impact fee that can be charged to each service unit cannot exceed the amount determined by dividing the cost of capital improvements attributable to new development(in order to provide an adopted service level)by the total number of service units attributable to new development.See Sections 67-8204(16),67-8208(l(f)and 67-8208(1)(g),Idaho Code. GALENA CONSULTING FINAL REPORT - PAGE 5 Other fee calculation considerations. The basic CIP methodology used in the fee calculationsis presented above.However,implementing this methodology requires a number of decisions. The considerations accounted for in the fee calculations include the following: • Allocation of costs is made using a service unit which is"a standard measure of consumption,use, generation or discharge attributable to an individual unit22 of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvement. ,23 The service units chosen by the study team for every fee calculation in this study are linked directly to residential dwelling units and nonresidential development square feet.24 • A second consideration involves refinement of cost allocations to different land uses. According to Idaho Code,the CIP must include a"conversion table establishing the ratio of a service unit to various types of land uses,including residential,commercial, agricultural and industrial."25In this analysis,the study team has chosen to use the highest level of detail supportable by available data and, as a result,in this study all fees are allocated between aggregated residential (i.e., all forms of residential housing)and nonresidential development(all nonresidential uses including retail,office,and industrial). 22 See Section 67-8203(27),Idaho Code. 23 See Section 67-8203(27),Idaho Code. 24 The construction of detached garages alongside residential units does not typically trigger the payment of additional impact fees unless that structure will be the site of a home-based business with significant outside employment. 25 See Section 67-8208(1)(e),Idaho Code. GALENA CONSULTING FINAL REPORT -- PAGE 6 Current Assets and Capital Improvement Plans The CIP approach estimates future capital improvement investments required to serve growth over a fixed period of time. The Impact Fee Act calls for the CIP to". . .project demand for system improvements required by new service units . . . over a reasonable period of time not to exceed 20 years."26 The impact fee study team recommends a 10-year time period based on Ada County's best available capital planning data. The types of costs eligible for inclusion in this calculation include any land purchases, construction of new facilities and expansion of existing facilities to serve growth over the next 10 years at planned and/or adopted service levels.27 Equipment and vehicles with a useful life of 10 years or more are also impact fee eligible under the Impact Fee Act.28 The total cost of improvements over the 10 years is referred to as the"CIP Value"throughout this report. The cost of this impact fee study is also impact fee eligible for all impact fee categories. Each fee category was charged its pro-rated percentage of the cost of the impact fee study. Fee Calculation In accordance with the CIP approach described above,we calculated fees for each service area by answering the following seven questions: 1. Who is currently served by Ada County Paramedics?This includes the number of residents as well as residential and nonresidential land uses. 2. What is the current level of service provided by Ada County Paramedics? Since an important purpose of impact fees is to help Ada County Paramedics continue its level of service29, it is necessary to know the levels of service it is currently providing to the community. 3. What current assets allow Ada County Paramedics to provide this level of service?This provides a current inventory of assets used by Ada County Paramedics, such as facilities, land and equipment.In addition,each asset's replacement value was calculated and summed to determine the total value of the entity's assets. 4. What is the current investment per residential and nonresidential land use? In other words,how much of each service provider's current assets' total value is needed to serve current residential households and nonresidential square feet? 5. What future growth is expected in the County? How many new residential households and nonresidential square footage will Ada County Paramedics serve over the CIP period? 26 See Section 67-8208(1)(h). 27 This assumes the planned levels of service do not exceed the current levels ofservice. 2s The Impact Fee Act allows a broad range of improvements to be considered as"capital"improvements,so long as the improvements have useful life of at least 10 years and also increase the service capacity of public facilities.See Sections 67-8203(28)and 50-1703,Idaho Code. 29 This assumes that the planned level of service does not exceed the current level of service. GALENA CONSULTING FINAL REPORT - PAGE 7 6. What new infrastructure is required to serve future growth? For example, how many new ambulances will be needed by Ada County Paramedics within the next ten years to continue the current level of service?" 7. What impact fee is required to pay for the new infrastructure? We calculated an apportionment of new infrastructure costs to future residential and nonresidential land-uses for Ada County Paramedics. Then,using this distribution,the impact fees were determined. Addressing these seven questions, in order,provides the most effective and logical way to calculate impact fees for Ada County Paramedics.In addition,these seven steps satisfy and follow the regulations set forth earlier in this section. Proportionate Share Analysis In Ada County,as in any local government,not all capital costs are associated with growth. Some capital costs are for repair and replacement of facilities e.g., standard periodic investment in existing facilities such as roofing. These costs are not impact fee eligible. Some capital costs are for upgrades to existing facilities. These costs are generally not entirely impact fee eligible. Some costs are for expansion of facilities to accommodate new development at the current level of service(e.g.,construction of a new paramedic stationto accommodate expanding population). These costs are impact fee eligible. Projects that are shown to be 100 percent growth-related would have been determined by our study to be necessitated solely by growth. Alternatively, some projects might have a growth percentage that is lower than 100%as they have some aspects of growth and some aspects of repair and replacement. In these situations,only a portion of the total cost of each project would be included in the final impact fee calculation. Finally, some projects such as equipment replacement are not related to growth at all. Instead, as these projects are related entirely to pre- existing capital,they would be shown as having a growth percentage of 0%. It should be understood that growth is expected to pay only the portion of the cost of capital improvements that are growth-related.Ada County Paramedics would need to plan to fund the pro rata share of any partially/non growth-related capital improvements with revenue sources other than impact fees within the time frame that impact fees must be spent. These values will be calculated and discussed in Section III of this report. GALENA CONSULTING FINAL REPORT -- PAGE 8 Section H. Land Uses The Ada County Paramedics provides services for the entire County,including its six incorporated cities—Boise,Eagle,Kuna, Garden City,Meridian and Star. As such,the impact fees for these services will be calculated based on the growth of the entire County. Exhibit II-1 identifies the boundaries of the County as well as those of each of its cities. Exhibit II-1. Ada County and City Boundaries Boise Eagle ';e• Garden City Kuna } +$. Meridian , a sffi oK s, s a�sf f. i T- _I 1_NcMlh�Ad—�4 r l —4 Ifs'A.Ad_-..-_ �sArk.Rd`R c�] �><1-,•� _ Cnd dAe fie,e Rd 1 a 2 4 a Sources:Esri,Airbus D ,USGS,NGA,NASA,CGIAR,N Robins—,NCEAS, llllllllllllA�iMiles NiS,OS, 5 NMA,Geodetasiyrelsen,Rijk—terstet,GSA,Gedend,FEMA, Mt. OS and the GIS usercommurgy GALENA CONSULTING FINAL REPORT -- PAGE 9 As noted in Section I,it is necessary to allocate capital improvement plan(CIP)costs to both residential and nonresidential development when calculating impact fees. The study team performed this allocation based on the number of projected new households and nonresidential square footage projected to be added from 2021 through 2031 in Ada County. These projections were based on current growth estimates from the U.S. Census,the American Community Survey, COMPASS, County building permit data, and recommendations from the members of the Development Impact Fee Advisory Committee and County Planning Staff. Demographic and land-use projections are some of the most variable and potentially debatable components of an impact fee study,and in all likelihood the projections used in our study will not prove to be 100 percent correct. The purpose of the Advisory Committee's annual review is to account for these inconsistencies. As each CIP is tied to Ada County's land use growth,the CIP and resulting fees can be revised based on actual growth as it occurs. The following Exhibit II-2 presents the current and future population estimates for Ada County, incorporated and unincorporated. Exhibit II-2. Current and Future Population,Ada County 10-Year 2031 Net Growth Growth Percent Total County Population 515,041 637,952 122,911 24% Ada County currently has a population of approximately 515,041,of which 12%,or 62,085 is in the unincorporated County. Over the next ten years,we expect the County as a whole to grow by approximately 122,911 persons, or at an annual growth rate of 2.4 percent. The unincorporated portion of the County is anticipated to grow by 6,197 persons, or at an annual rate of 1.0 percent. The following Exhibit 11-3 presents the current and future number of residential units and nonresidential square feet for the entire County,incorporated and unincorporated combined. Exhibit II-3. Current and Future Land Uses,Ada County 2021 2031 Net Growth Net Growth in Percent of Total Growth Square Feet in Square Feet Population 515,041 637,952 122,911 Residential(in units) 207,564 257,239 49,675 114,252,347 79% Nonresidential(in square feet) 123,234,271 152,727,155 29,492,883 29,492,883 21% Total Square Footage Growth= 143,745,231 100% GALENA CONSULTING FINAL REPORT -- PAGE 10 We expect the County to have 257,239 residential households and almost 153 million nonresidential square feet by 2031 based on existing growth rates. This represents a growth of 49,675 residential units and 29,492,883 nonresidential square feet over the next ten years. Seventy-nine percent of this growth is attributable to residential land uses,while the remaining twenty-one percent is attributable to nonresidential growth. These growth projections will be used in the following sections to calculate the appropriate impact fees for the Ada County Paramedics. The capital costs for these services will be apportioned by total residential units and total non-residential units, as the type of residential or type of non-residential land use does not have a measurable difference on the need for capital infrastructure devoted to providing these services. GALENA CONSULTING FINAL REPORT -- PAGE 11 Section III. Ada County Paramedics Capital Improvement Plan and Impact Fees In this section,we calculate impact fees for the Ada County Paramedics. While operating under the authority of Ada County,Ada County Paramedics is its own taxing district. The Idaho State Legislature gave taxing districts the authority to collect impact fees in an amendment to State Statute several years ago. Because Districts do not issue building permits,however,they were given the authority to have the City or County collect on their behalf. In the case of the Ada County Paramedics, relevant development permits are issued by Ada County and the cities of Boise,Eagle,Garden City, Kuna,Meridian and Star. Therefore,this section refers to the projected growth and capital needs for ambulances services in Ada County,incorporated and unincorporated,following the seven-question method outlined in Section I of this report. 1. Who is currently served by the Ada County Paramedics? As shown in Exhibit II-2,Ada County Paramedics currently provides services for 515,041 persons, 207,465 residential units and over 123 million non-residential square feet. 2. What is the current level of service provided by the Ada County Paramedics? The District provides a 90t'fractile response time of approximately 10 minutes and 26 seconds. As the population grows, additional infrastructure and equipment will be needed to sustain the District's current level of service. Exhibit 111-1 shows the current response times throughout the service area. Exhibit III-1. Ada County Parame-ddii[.cs Current Response Times L �.'. ..- •.. -1 w.1LL[v • - _ LO wFR-P[.LM � �� , _�., ,ail •� .� ,�;. J.f s X �-.? V} r� GALENA CONSULTING FINAL REPORT -- PAGE 12 3. What current assets allow the Ada County Paramedics to provide this level of service? The following Exhibit III-2 identifies the current locations of Ada County Paramedics stations for emergency medical services within Ada County. Exhibit III-2. Ada County Paramedics Current Station Locations .�i The following Exhibit III-3 displays the current capital assets of the Ada County Paramedics for emergency medical services within Ada County. These assets include 14 stations and 30 ambulances. GALENA CONSULTING FINAL REPORT -- PAGE 13 Exhibit III-3. Current Assets—Ada County Paramedics Square Replacement Type of Capital Infrastructure Feet Value i Facilities Administration Building-Benjamin 16,714 $ 8,560,600 EMS Shop-Benjamin 7,995 $ 4,323,000 Station#13 3,246 $ 2,260,926 Station#15 3,246 $ 2,260,926 Station#17 2,224 $ 1,667,144 Station#18 3,246 $ 2,260,926 Station#21 3,794 $ 2,579,314 Station#22 3,246 $ 2,260,926 Station#23 6,294 $ 4,031,814 Station#25 2,432 $ 1,787,992 Station#26 3,246 $ 2,260,926 Station#28 3,246 $ 2,260,926 Station#32 3,246 $ 2,260,926 Station#34 4,137 $ 2,778,597 Station#36 3,246 $ 2,260,926 Station#38 3,246 $ 2,260,926 Vehicles Trailers $ 167,314 Ambulances $ 7,800,000 Equipment Radios $ 564,232 Mobile Treatment Facilities $ 149,980 Generators $ 200,000 0 11 72,804 $ 54,958,321 Plus Impact Fee study $ 8,000 TOTAL CURRENT INVESTMENT $ 54,966,321 As shown above,Ada County Paramedics currently owns approximately$55 million of eligible EMS assets. These assets are used to provide the current level of EMS service. 4. What is the current investment per residential unit and nonresidential square foot? Ada County Paramedics has already invested$210 per residential unit and$0.09 per nonresidential square foot in EMS assets. This figure is derived by allocating the value of the District's current assets between the current number of residential units and nonresidential square feet within Ada County. We will compare our final impact fee calculations with these figures to determine if the two results will be similar;this represents a"check"to see if future residents will be paying for infrastructure at a level commensurate with what existing residents have invested in infrastructure. 5. What future growth is expected in Ada County? As shown in Exhibit II-3,Ada County is expected to grow by approximately 49,675 residential units and almost 30 million square feet of nonresidential land use over the next ten years. This growth will increase demand for the delivery of emergency medical services. GALENA CONSULTING FINAL REPORT -- PAGE 14 An increase in call volume and growth in areas not located close to an existing paramedic station will likely result in longer response times than are currently being provided. For example,as shown in Exhibits III-1 and 111-2, further development in Eagle and South Meridian is likely to result in longer response times as no stations are currently located in those areas. The ideal demand,or deployment level per station is approximately 1,700 calls for service per year. The current average number of calls for service per station within Ada County is 1,753 calls per year. Without additional stations,projected growth will create an increase in calls for service that cannot be efficiently addressed. This increase in calls per station will result in"stacked calls"or calls waiting for a unit to become available for dispatch. This will also result in longer response times. The following Exhibit III-4 displays the current density of calls for service within Ada County. Red and yellow areas indicate higher call volume. It should be noted that the current"hot spots"are beginning to spread north toward Eagle and south of Meridian,indicating the demands of growth. Exhibit III-4. Ada County Paramedics Call Volume Density — r a r� l� GALENA CONSULTING FINAL REPORT -- PAGE 15 6. What new infrastructure is required to serve future growth? Current response time, call data and growth projections provide Ada County Paramedics with information needed to develop their 2021-2030 Capital Improvement Plan(CIP). As shown below in Exhibit 111-5, additional stations will most likely be needed in at least four of the five starred locations to ensure the continuation of the current level of service. Specific locations will be prioritized based on actual call data over time. Exhibit III-5. Ada County Paramedics Proposed Station Locations 04-4 O O I ' 1 PIER BEER r PLAY Z .4 I 0 z SLAYERS rL�r 19 V I I I The following Exhibit III-6 more specifically identifies the capital improvements planned for purchase by Ada County Paramedics over the next ten years for emergency medical services. GALENA CONSULTING FINAL REPORT -- PAGE 16 Exhibit III-6. Ada County Paramedics CIP 2021-2030 Estimated Square CIP Growth Amount to Amount from Type of Capital Infrastructure Date Footage Value Portion Include in Fees Other Sources Facilities Station-NW Eagle/Avimore Co-located with Eagle Fire 2023 3,246 $ 2,260,926 100% $ 2,260,926 $ Station-Location TBD 2025 3,246 $ 2,260,926 100% $ 2,260,926 $ Station-Location TBD 2027 3,246 $ 2,260,926 100% $ 2,260,926 $ - Station-Location TBD 2029 3,246 $ 2,260,926 100% $ 2,260,926 $ Vehicles 8 additional ambulances for growth 2023-2029 $ 2,080,000 100% $ 2,080,000 $ Equipment Radios $ 168,360 100% $ 168,360 $ SUBTOTAL $ 11,292,06iihM $ 11,292,064 $ Plus Cost of Capital-Related Research Impact Fee Study $ 8,000 100% $ 8,000 $ TOTAL $ 11,300,064 To meet the increased demand for emergency medical services, Ada County Paramedics intends to build 4 additional stations within the next 10 years. These stations will be located according to continued analysis of response time and call volume data. The District would not build any new stations if there were no growth projected. As such,these stations and the ambulances and equipment needed for deployment are entirely impact fee eligible. No portion of the cost of these items is required to come from other sources. Each station is estimated to cost approximately$2.3 million. An additional 8 ambulances will be required to deploy from these 4 stations. Additional radios will be required as well. The entire $11.3 million CIP is impact fee eligible. No other funding sources are available for these capital costs. Transport fees do not fully recover costs as Ada County Paramedics must accept Medicare and Medicaid reimbursements that are set at levels far below actual costs. Approximately 50%of all transports are funded by these federal reimbursements. Property and sales tax revenues are needed to augment transport fees to cover operational costs. Any grants received are primarily for community programming. While a bond could be considered as a funding mechanism,the debt service would most appropriately be paid from impact fee revenue as the costs are entirely growth-related. Ada County Paramedics has no capital repair or replacement needs identified for the period between 2021-2030. If any repair or replacement needs arise the District will have to fund these with sources of revenue other than impact fees including all of those listed in Idaho Code 67- 8207(iv)(2)(h), as they would not be impact fee eligible. It should be noted that impact fees cannot fund any operational costs associated with the new stations,vehicles and equipment including staffing,utilities, fuel,etc. 7. What impact fee is required to pay for the new capital improvements? The following Exhibit III-7 takes the projected future growth from Exhibit 11-3 and the growth- related CIP from Exhibit 111-6 to calculate impact fees for emergency medical services. These fees would be assessed to growth within the entire County. GALENA CONSULTING FINAL REPORT -- PAGE 17 Exhibit III-7. Ada County Paramedics Impact Fee Calculation Impact Fee Calculation Amount to Include in Fee Calculation $11,300,064 Distribution of Future Land Use Growth Residential 79% Nonresidential 21% Future Assets by Land Use Residential $ 8,981,577 Nonresidential $ 2,318,487 Future Land Use Growth Residential 49,675 Nonresidential 29,492,883 Impact Fee per Unit Residential $ 181 Nonresidential $ 0.08 As shown above,we have calculated impact fees for emergency medical services by Ada County Paramedics at$181 per residential unit and$0.08 per nonresidential square foot. This amount is slightly less than what existing users have paid into the asset inventory(see#4 in this Section). Fees not to exceed these amounts are recommended for the District. The District cannot assess fees greater than the amounts shown above. The District may assess fees lower than these amounts,but would then experience a decline in service levels unless the District used other revenues to make up the difference. GALENA CONSULTING FINAL REPORT -- PAGE 18 Section IV. Summary Ada County would assess the Ada County Paramedics impact fees identified in Exhibit III-7 to all new residential and non-residential development within the County,incorporated and unincorporated. The cities of Boise,Eagle, Garden City,Kuna,Meridian and Star would need to collect these fees at the point of building permit and remit them to the County. As there are many overlapping jurisdictional boundaries for services in Ada County, it can be useful to consider the additive impact to a new unit of development of the potential adoption of these fees. Exhibit IV-1 provides a summary of all of the impact fees that are currently or potentially could be assessed for Police/Sheriff/Jail,Fire/EMS,Coroner,Parks and Roadways within each of the following geographic development areas -Boise, Garden City,Eagle Kuna, Meridian, Star, Caldwell, Caldwell,Middleton,Nampa,Twin Falls,Emmett and Gem County, if the County were to adopt fees for Sheriff,Jail, Coroner and Ada County Paramedics. GALENA CONSULTING FINAL REPORT -- PAGE 19 Exhibit IV-1. Impact Fee Comparisons FEES DEVELOPMENT WOULD PAY BY GEOGRAPHIC AREA,ASSUMING INTERGOVERNMENTAL AGREEMENTS ARE SIGNED BY ALL CITIES IN ADA COUNTY Unincorporated City of Garden City/ City of Eagle/ City of Kuna/ City of Meridian/ City of Star/ City of Caldwell/ City of Middleton/ City of Nampa/ Twin Falls/ City of Gem County/ Ada County Boise North Ada Eagle Fire Kuna Fire Meridian Star Fire Caldwell Fire Middleton Fire Nampa Fire Twin Falls Fire Emmett Gem Fire DRAFT being updated Fire District District District Fire District District District District District District draft District Police draft draft per Residential Unit $ 289 $ $ 111 $ 90 $ 152 $ $ 97 $ 367 $ 359 $ 180 $ 731 per Non-Residential sf $ 0.16 $ $ 0.04 $ 0.04 $ 0.24 $ $ 0.05 $ 0.15 $ 0.21 $ 0.09 $ 0.39 Sheriff per Residential Unit $ 666 $ 277 per Non-Residential sf $ 0.29 $ 0.11 Jail per Residential Unit $ 715 $ 715 $ 715 $ 715 $ 715 $ 715 $ 715 per Non-Residential sf $ 0.31 $ 0.31 $ 0.31 $ 0.31 $ 0.31 $ 0.31 $ 0.31 Coroner's Office per Residential Unit TBD TBD TBD TBD TBD TBD TBD per Non-Residential sf TBD TBD TBD TBD TBD TBD TBD Fire/Fire District per Residential Unit $ 799 $ 619 $ 647 $ 897 $ 824 $ 693 $ 829 $ 649 $ 849 $ 560 $ 657 $ 1,555 $ 1,407 per Non-Residential sf $ 0.37 $ 0.21 $ 0.32 $ 0.36 $ 0.41 $ 0.64 $ 0.39 $ 0.32 $ 0.42 $ 0.28 $ 0.33 $ 0.83 $ 0.56 (average of districts) EMS per Residential Unit $ 181 $ 181 $ 181 $ 181 $ 181 $ 181 $ 181 $ 401 $ 401 per Non-Residential sf $ 0.08 $ 0.08 $ 0.08 $ 0.08 $ 0.08 $ 0.08 $ 0.08 $ 0.16 $ 0.16 Parks per residential unit $ - $ 1,723 $ - $ 1,446 $ 939 $ 2,098 $ 2,050 $ 1,190 $ 2,204 $ 1,699 $ 1,560 $ - $ - Streets per single-family residential unit $ 3,433 $ 3,433 $ 3,433 $ 3,433 $ 3,433 $ 3,433 $ 3,433 exacted $ 2,572 $ 2,841 $ 1,385 $ 2,853 $ 7,326 per multi-family residential unit $ 1,838 $ 1,838 $ 1,838 $ 1,838 $ 1,838 $ 1,838 $ 1,838 exacted $ 2,572 $ 1,648 $ 742 $ 1,655 $ 4,249 per retail/commercial sf $ 8.04 $ 8.04 $ 8.04 $ 8.04 $ 8.04 $ 8.04 $ 8.04 exacted $ 2.32 $ 6.85 $ 3.07 $ 6.88 $ 17.67 per office sf $ 3.98 $ 3.98 $ 3.98 $ 3.98 $ 3.98 $ 3.98 $ 3.98 exacted $ 2.32 $ 4.24 $ 1.83 $ 4.26 $ 10.94 per industrial sf $ 1.37 $ 1.37 $ 1.37 $ 1.37 $ 1.37 $ 1.37 $ 1.37 exacted $ 0.09 $ 1.52 $ 0.56 $ 1.53 $ 3.92 TOTAL per single-family residential unit $ 5,794 $ 6,960 $ 4,976 $ 6,783 $ 6,182 $ 7,272 $ 7,208 $ 1,936 $ 5,992 $ 5,459 $ 3,782 $ 5,540 $ 9,411 per multi-family residential unit $ 4,199 $ 5,365 $ 3,381 $ 5,188 $ 4,587 $ 5,677 $ 5,613 $ 1,936 $ 5,992 $ 4,266 $ 3,139 $ 4,342 $ 6,334 per retail/commercial sf $ 9.08 $ 8.80 $ 8.75 $ 8.83 $ 8.88 $ 9.31 $ 8.82 $ 0.37 $ 2.89 $ 7.34 $ 3.49 $ 8.26 $ 18.50 per office sf $ 5.03 $ 4.74 $ 4.69 $ 4.77 $ 4.82 $ 5.25 $ 4.76 $ 0.37 $ 2.89 $ 4.73 $ 2.25 $ 5.64 $ 11.77 per industrial sf $ 2.42 $ 2.13 $ 2.08 $ 2.16 $ 2.21 $ 2.64 $ 2.15 $ 0.37 $ 0.66 $ 2.01 $ 0.98 $ 2.91 $ 4.75 Notes: Fire fees shown for unincorporated Ada County are an average of the amount that would be assessed by one of the four fire districts Kuna Rural Fire also has the cost of ambulances included in their CIP and Impact Fee as they also have an EMS license ACHD fees are calculated on a general average for the purpose of the comparison;actual fees will vary Canyon County Highway District is in the process of assessing roadway impact fees in the Middleton-Star Corridor;these are not included above Roadway impact is collected via exaction for Streets improvements in Caldwell Where fees range by size of unit,2500 sf unit is assumed Implementation Recommendations As the County/District evaluates whether or not to adopt the Capital Improvement Plans and impact fees presented in this report, we also offer the following information for your consideration. Please note that this information will be included each individual impact fee enabling ordinance. Capital Improvements Plan. Should the Advisory Committee recommend this study to the County/District and should the County/District adopt the study,the County/District should revise its existing Capital Improvement Plans using the information in this study.A revised capital improvement plan would then be presented to Ada County for adoption as an element of the Comprehensive Plan pursuant to the procedures of the Local Land Use Planning Act. Impact Fee Ordinance. Following adoption of the Capital Improvement Plan,the Ada County Board of Commissioners should review the proposed Impact Fee Ordinance for adoption as reviewed and recommended by the Advisory Committee. Advisory Committee. The Advisory Committee is in a unique position to work with and advise the County/District Council to ensure that the capital improvement plans and impact fees are routinely reviewed and modified as appropriate. Impact fee service area. Some municipalities have fee differentials for various zones under the assumption that some areas utilize more or less current and future capital improvements. The study team,however,does not recommend the County/District assess different fees by dividing the areas into zones. The capital improvements identified in this report inherently serve a system-wide function. Specialized assessments. If permit applicants are concerned they will be paying more than their fair share of future infrastructure purchases,the applicant can request an individualized assessment to ensure they will only be paying their proportional share. The applicant would be required to prepare and pay for all costs related to such an assessment. Donations. If the County/District receives donations for capital improvements listed on the CIP, they must account for the donation in one of two ways. If the donation is fora growth-related project in the CIP,the donor's impact fees should be reduced dollar for dollar.This means that the County/District will either credit the donor or reimburse the donor for that portion of the impact fee. If,however,the donation is for a non-or partially growth-related improvement,the donation can contribute to the Ada County Paramedics' General Fund participation along with more traditional forms, such as revenue transfers from the General Fund. Grants. If a grant is expected and regular,the growth-related portion of that grant amount should be reflected upfront in the fee calculations,meaning that the impact fees will be lower in anticipation of the contribution. If the grant is speculative or uncertain,this should not be reflected up-front in the fee calculations since the entity cannot count on those dollars as it undergoes capital planning. The rational nexus is still maintained because the unexpected higher fund balance,due to the receipt of a grant,is deducted from the calculations as a"down payment on the CIP"when the fee study is updated. Credit/reimbursement. If a developer constructs or contributes all or part of a growth-related project that would otherwise be financed with impact fees,that developer must receive acredit against the fees owed for this category or, at the developer's choice,be reimbursed from impact fees collected in the future.37 This prevents"double dipping"by the County/District. GALENA CONSULTING FINAL REPORT -- PAGE 21 The presumption would be that builders/developers owe the entirety of the impact fee amount until they make the County/District aware of the construction or contribution. If credit or reimbursement is due, the governmental entity must enter into an agreement with the fee payer that specifies the amount of the credit or the amount,time and form of reimbursement.38 Impact fee accounting. The County/District should maintain Impact Fee Funds separate and apart from the General Fund.All current and future impact fee revenue should be immediately deposited into this account and withdrawn only to pay for growth-related capital improvements of the same category. General Funds should be reserved solely for the receipt of tax revenues, grants, user fees and associated interest earnings,and ongoing operational expenses including the repair and replacement of existing capital improvements not related to growth. Spending policy. The County/District should establish and adhere to a policy governing their expenditure ofmonies from the Impact Fee Fund. The Fund should be prohibited from paying for any operational expenses and the repair and replacement or upgrade of existing infrastructure not necessitatedby growth. In cases when growth-related capital improvements are constructed, impact fees are an allowable revenue source as long as only new growth is served. In cases when new capital improvements are expected to partially replace existing capacity and to partially serve new growth,cost sharing between the General Fund or other sources of revenue listed in Idaho Code 67- 8207(I)(iv), (2)(h)and Impact Fee Fund should be allowed on a pro rata basis. Update procedures. The County/District is expected to grow rapidly over the 10-year span of the CIPs. Therefore,the fees calculated in this study should be reviewed annually.Fees can be updated on an annual basis using an inflation factor for building material from a reputable source such as McGraw Hill's Engineering News Record.As described in Idaho Code 67- 8205(3)(c)(d)(e),the Advisory Committee will play an important role in these updates and reviews. 37 See Section 67-8209(3),Idaho Code. 38 See Section 67-8209(4),Idaho Code. GALENA CONSULTING FINAL REPORT -- PAGE 22 Development Impact Fees Community Planning ManagerLeon Letson Ada County Overview affordable housing projects receiving City support within its city limits.City of Boise requested Ada County exempt impact fees for –Fall of 2021 to Present •establishing ordinances/agreemen ts for their collection. review CIPs and proposed Development Impact Fees and discuss next steps for Ada County Development Services contacted City partners to -Summer of 2021 •by Ada County Development Impact Fee Advisory Committee.CIPs and Fee Structure completed and recommended for approval -Spring of 2021 •Paramedics.and proposed Development Impact Fees for Ada County Sheriff, Jail, Coroner, and Galena Consulting hired to develop Capital Improvement Plans (CIPs) -Late 2020 •Development Impact Fees.Ada County began exploring its ability to collect –2019 • Proposed Impact Fees TBD Ada County)-Non-Total (Commercial TBDTotal (Commercial)$984 Ada County) -Non-Total (Residential $1,650 Total (Residential) $0.04 Nonresidential (per square foot)$88 Residential (per unit)Coroner$0.08 Nonresidential (per square foot)$181 Residential (per unit)Paramedics$0.31 Nonresidential (per square foot)$715 Residential (per unit)Jail$0.29 Nonresidential (per square foot)$666 Residential (per unit)Sherriff (Ada County Only)Ada County Proposed Impact Fees Next Steps detailing specific collection practices (i.e. exemptions, etc.). Interlocal agreements are established between Ada County and City partners •establishes ordinances for the collection of these Development Impact Fees.Ada County and City partners adopt CIPs into their comprehensive plans and • Ada County Website fees/-https://adacounty.id.gov/developmentservices/administration/impactDevelopment Impact Fees Ada County • Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: EXECUTIVE SESSION Page 4