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HomeMy WebLinkAboutCouncil Packet - 11/13/2018THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, November 13, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate depaitment. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 220 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Sandie Greco, Interim Public Works Director Agenda, as proposed or amended. Minutes of November 5, 2018, Regular Session, as proposed. Proclamation Congratulating Mt. Carmel Missionary Baptist Church on 97th Anniversary Recognition of Denita Gadson, Iowa Small Business Administration Minority Small Business Champion of the Year ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary specifications, bid documents, etc., and setting date of bid opening as December 6, 2018 and date of public hearing as December 10, 2018, for the Riverfront Stadium Group Seating Boxes Project, and instruct City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 29, 2018 and date of public hearing as December 3, 2018, for the FY 2019 Levee Tree Clearing Cedar River, Contract No. 968, and instruct the City Clerk to publish said notice. Submitted By: Jamie Knutson, PE, Interim City Engineer 4. Resolution setting the date of public hearing as November 26, 2018 to approve the request by the City of Waterloo to vacate an easement over a previously vacated alley located Northeast of 827 Commercial Street, and instruct the City Page 2 of 220 Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 5. LIQUOR LICENSES a. Beck's Taproom Grill, 2027 Crossroads Blvd. Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 9/30/2019 b. Cherry Creek Grill, 1850 W. Ridgeway Ave Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 10/31/2019 c. Crossroads Cinema, 2450 Crossroads Blvd. *Ownership Update* Class: Special Class C New Application Includes Sunday Expiration Date: 3/15/2019 d. Fareway Stores, Inc. #951, 40 W. San Marnan Drive *Ownership Update* Class: E Liquor New Application Does not include Sunday Expiration Date: 11/16/2018 e. Independence Liquor and Food, 1761 Independence Ave Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 10/15/2019 f. Kings and Queens Club, 304 W. 4th Street Class: C Liquor w/outdoor service New Application Includes Sunday Expiration Date: 10/21/2019 g. Kwik Star #380, 506 W. 9th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 11/18/2019 h. Kwik Stop 3, 1104 Washington Street Class: B Wine / C Beer E/Liquor Renewal Application Includes Sunday Expiration Date: 7/14/2019 6. Recommendation of appointment of Cooper Siddell, from the Civil Service list, to the position of Equipment Operator I, in the Street Department, effective December 3, 2018. Page 3 of 220 Submitted By: Sandie Greco, Interim Public Works Director 7. Recommendation of appointment of Justin Quint, from the Civil Service list, to the position of Equipment Operator II, in the Street Department, December 3, 2018. Submitted By: Sandie Greco, Interim Public Works Director 8. Cigarette/Tobacco Permit New Application for West Side Liquor, 919 W. 5th Street. 9. Cigarette/Tobacco Permit New Application for Smokers Choice, 1010 E. Mitchell. 10. Cigarette/Tobacco Permit New Application for Independence Liquor & Food Store, 1761 Independence. 11. Bonds. RESOLUTIONS 2. Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, 3 located on lots 1, 2, & 6 of Hillside Addition and one located on lot 1 of Williston Field Addition , with a local match of the Consolidated Urban Revitalization Area (CU RA) tax abatement for each property. Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, located on Lots 2, 3, 4 & 5 of Williston Field Addition, with a local match of the Consolidated Urban Revitalization Area (CURA) tax abatement for each property. Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, three homes located on Lots 2, 3 & 4 of Baltimore Field 1st Addition and one on Lot 2 of Crossroads Estates Replat No 5, with a local match of the City Limits Urban Revitalization Area (CLURA) tax abatement for each property. Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving a Temporary Easement Agreement with Root Properties, LLC in the amount of $573.04, located at 4015 University Avenue, in conjunction with the University Avenue reconstruction Phase II project. Submitted By: Aric Schroeder, City Planner 6. Resolution approving use of revenue earned from the Automated Traffic Enforcement Cameras Program in FY2020 and each budget year hereafter, by designating use of said revenue for property tax relief and hiring additional Police Department personnel, and rescinding Resolution No. 2017-684. Submitted By: Dan Trelka, Chief of Police ORDINANCES 7. Request by the City of Waterloo to vacate approximately 0.56 acres of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Page 4 of 220 Commercial Street (former Waterloo Courier site), with the retention of a utility easement over, under and upon the entire vacate area. Motion to receive, file and consider and pass for the second time an ordinance approving a request to vacate a portion of West 4th Street (former Bridge Street) right- of-way, located adjacent to 501-503 Commercial Street, subject to the retention of a utility easement over, under and upon the entire vacate area. Motion to suspend rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 8. Sewer Rate Increase Motion to receive, file and consider for the third time and adopt an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates. Submitted By: Michelle Weidner, Chief Financial Officer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:45 p.m. Housing Authority, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Certified List for the position of Equipment Operator I for the City of Waterloo, Iowa Public Works - Street Department, as certified by the Civil Service Commission on October 26, 2018. 2. Certified List for the position of Equipment Operator 11 for the City of Waterloo, Iowa Street Department, as certified by the Civil Service Commission on October 26, 2018. 3. Design Review Board minutes of August 8, 2018 (email vote). Page 5 of 220 CITY OF WATERLOO Council Communication Minutes of November 5, 2018, Regular Session, as proposed. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date once 1Varrcy Appprawed 1111///2( AM ATTACHMENTS: Description Type Minutes' of i fi /S/2O i Y Backup r M a cu iiai. Submitted by: Submitted By: Page 6 of 220 November 5, 2018 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, November 5, 2018. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Kevin Dill, Black Hawk County Veterans Affairs Director 146670 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 5, 2018, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 146671 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 22, 2018, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Proclamation declaring November 11, 2018 as National Tolling of Bells. Presentation from Hip -Hop Literacy Program on trip to China. ORAL PRESENTATIONS Lawrence Wheeler, 433 Bratnober, commented that he is not pleased that the former governor, who is the ambassador to China, did not greet the Hip -Hop Literacy Program on their trip to China. He also commented that Veterans Day is the same day that the Edmund Fitzgerald sank and is commemorated in a song by Gordon Lightfoot. He shared that street lights along the River Road are out. Bruce Kaesser, CRC Apartments, commented that Waterloo is lucky to have the Hip -Hop Literacy Program. David Dryer, 3145 W. 4th Street, questioned why the city accepted responsibility for the cost to remove a damaged structure rather than require the owner to demolish it. He suggested that the city make enhancements to the SportsPlex to attract higher membership and not rebuild one or both of the pools. He questioned if Mr. Dahlstrom has a permit to store rubble at the former flea market sight. He questioned why the city is disposing of a metal chop saw and buying a new hydraulic chop saw and asked for an update on the quality of the saw to be disposed. Mayor Hart explained the decision to demolish the building. Sandie Greco, Interim Public Works Director, explained that everything on the list to dispose is 20- 40 years old and will be sold for parts at auction. Mr. Morrissey shared that the Finance Department received an award for excellence in government accounting for the fourteenth straight year in a row. Mr. Schmitt questioned if the name of the convention center is going to change going forward. November 5, 2018 Page 2 146673 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated November 5, 2018, in the amount of $3,679,324.55, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2018-800. 2. Resolution approving the request of Craig W. Reagan for tax exemptions on the construction of a garage valued at $21,330 for a property located at 910 W. 7th Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-801. 3. Resolution approving the request of Eva Culp for tax exemptions on the construction of home improvements valued at $4,100 for a property located at 503 Gable Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-802. 4. Resolution approving the request of Patricia A. Goldsberry for tax exemptions on the construction of home improvements valued at $50,000 for a property located at 230 Monroe Street, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-803. 5. Resolution approving the request of Tim Aitchison for tax exemptions on the construction of a new single family home valued at $172,657 for a property located at 506 Milwaukee Avenue, and located within the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-804. 6. Resolution approving the request of Jereme G. Gunnuscio for tax exemptions on the construction of a new single family home valued at $321,208 for property located at 1208 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-805. 7. Resolution approving the request of Robert and Kaye Huff for tax exemptions on the construction of a new single family home valued at $210,000 for property located at 2923 Ansborough Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-806. November 5, 2018 Page 3 1 2. Resolution adopted and upon approval by Mayor assigned No. 2018-808. 10. Resolution resetting date of public hearing as November 19, 2018 to approve the request by the City of Waterloo for a site plan amendment to the "M -2,P" Planned Industrial District for an updated site plan for the construction of a 11,880 square foot industrial building, located east of 2320 West Airline Highway and rescinding Resolution No. 2018-788. Resolution adopted and upon approval by Mayor assigned No. 2018-809. 1 1 . Resolution setting a date of public hearing as November 19, 2018 for a request by Crystal Distribution Services for a rezone of approximately 2.53 acres from "M-1" Light Industrial District to "M-2" Heavy Industrial District for a meat processing facility located South of 1656 Sycamore Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-810. 12. Resolution approving request from Magic Mix Kids to hold their Snowflake Express event to be held at the Open Bible Church, 928 Jefferson Street on December 1, 2018 from 8:00 a.m. to 6:00 p.m., including street closures around the church of W. 7th Street and W. 8th Street between Jefferson to Washington Streets. Resolution adopted and upon approval by Mayor assigned No. 2018-811. 13. Resolution approving cancellation of assessment for 1016 Ackermant Street (Parcel No. 8913-14-454-014) in the amount of $75.68, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2018-812. 14. Resolution approving request of Lisa Grimm for a waiver for a concrete approach located at 3402 Monticello Avenue, and approve eliminating the sidewalk section due to unusual circumstances. Resolution adopted and upon approval by Mayor assigned No. 2018-813. b. Motion to approve the following: a. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Chawne Paige, Curator Pick up and deliver artwork Miami, FL November 24 and December 10, 2018 $2,600.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday A 1`1; 4422 1 01 Q C h,,ho; 7? , , 1 12 UT;.- / C Raa, 12 C.,-,o,2,,1l 11/2/1010 November 5, 2018 Page 4 Appointee Board/Commission Expiration Date New or Re -Appointment Eric Donat ADA Commission 11/2/2021 Re -Appointment Angela Weekley Community Development Board 11/2/2021 Re -Appointment Terrance J. Hollingsworth Human Rights Commission 11/5/2021 New 4. Receive and place on file the 2017 Audit of the Waterloo Water Works. 5. Cigarette/Tobacco Permit New Application for Kings and Queens Club, 304 W. 4th Street. 6. Bonds. Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 146674 - Schmitt/Amos that proof of publication of notice of public hearing on 2018 Tree Removal Project, as published in the Waterloo Courier on October 29, 2018, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146675 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 146676 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-814. 146677 - Schmitt/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-815. 146678 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids. Estimate: $36,600.00 November 5, 2018 Page 5 that "Resolution awarding the 2018 Tree Removal Project bid to Wilson Custom Tree of Cresco, Iowa, in the amount of $29,974, and approving the contract, bond and certificate of insurance, and authorize the Mayor to execute said agreement", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-816. 146680 - Morrissey/Amos that proof of publication of notice of public hearing on a request by the City of Waterloo to vacate approximately 0.56 acres of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street (former Waterloo Courier site), with the retention of a utility easement over, under and upon the entire vacate area, as published in the Waterloo Courier on October 29, 2018, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146681 - Morrissey/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 146682 - Morrissey/Amos that "an Ordinance approving a request to vacate a portion of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street, subject to the retention of a utility easement over, under and upon the entire vacate area", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt requested an overview. Noel Anderson, Community Planning and Development Director, provided an overview of the vacate and explained that three readings will be appropriate, but is ready to vacate. 146683 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Five (Jacobs, Klein, Amos, Schmitt, and Juon). Motion failed. RESOLUTIONS 146684 - Amos/ Morrissey that "Resolution approving request by Craig E. Penrose for an Encroachment Agreement to allow for a portable shed to extend five (5) feet into a public utility easement, located at 1125 Englewood Avenue, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. 1 _ _ . _ 1 _ __ 1 _ _ __ _ _ _ __ _ _ 1 1_ A _ _ 1,T _ n n i n n 1 n November 5, 2018 Page 6 that "Resolution approving a request by the City of Waterloo to dedicate 10,575 square feet (0.242 acres) of city owned property as right-of-way that currently serves as West 4th Street, located adjacent to 200 West 4th Street (Five Sullivan Brothers Convention Center)", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned what this item means. Noel Anderson explained that the request is to dedicate this portion of property as right-of-way rather than as real property. Resolution adopted and upon approval by Mayor assigned No. 2018-819. 146687 - Schmitt/Amos that final quantity adjustment for a net increase of $11,422.50 for the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. 146688 - Schmitt/Amos that "Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Vieth Construction Corporation, of Cedar Falls, Iowa, at a total cost of $145,775.50, in conjunction with the FY 2018 Levee Tree Clearing Cedar River, Contract No. 938, and receive and file two (2) year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the purpose of the maintenance bond. Jamie Knutson, Interim City Engineer, provided an overview of what is covered in the maintenance bond. Resolution adopted and upon approval by Mayor assigned No. 2018-820. 146689 - Schmitt/Amos that "Resolution approving an amendment to the Real Estate Purchase Agreement between John E. and Dessie M. Rottinghaus, to extend the purchase timeline to occur on or before May 31, 2019, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the purpose of the timeline change. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2018-821. 146690 - Klein/Schmitt that "Resolution approving a Professional Services Agreement with AECOM, of Waterloo, Iowa, in an amount not to exceed $8,500, in conjunction with the Sunnyside Drainage Improvements, and Al_ _ T A - - -_ • - - - - • - _. _ ' 1 1 - - -_ - - __.3, 1_ - - I - _. _ 1 T _ 11 - - 11 - • - A - _ - �' T A - • - __ November 5, 2018 Page 7 146691 - Klein/Schmitt that "Resolution approving a Development Agreement and Minimum Assessment Agreement with GBG, LLC for the construction of a $1,504,820 medical office with a tax rebate amount of 85% for a term of three years and four additional years at 80%, and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Morrissey requested an overview of the item. Noel Anderson provided an overview of the development. Resolution adopted and upon approval by Mayor assigned No. 2018-823. 146692 - Klein/Schmitt that "Resolution approving Professional Services Agreement with Stanley Consultants, Inc. with a lump sum amount due of $37,500, in conjunction with the Upton Detention Basin Study, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-824. 146693 - Klein/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa, at a total cost of $532,608.19, in conjunction with FY 2015 Geraldine Road - Phase 3, Contract No. 871", be adopted. Roll call vote - Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-825. 146694 - Morrissey/Amos that "Resolution approving Amendment No. 3 to the Development Agreement between Central Property Holdings, LLC, to reflect updated ownership in the project, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-826. 146695 - Morrissey/Amos that "Resolution supporting advocacy and future legislation to increase state funding for 107 Commercial Service and General Aviation Airports vertical infrastructure, by allocating $16.5 million per year for 10 years to Iowa airports, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Abstain: One (Jacobs due to possible business conflict). Motion carried. David Dryer, 3145 W. 4th Street, questioned if Mr. Anderson has been vetted to find out if he can finance this project on his own and if he has the financing in place to keep the project moving forward. November 5, 2018 Page 8 lane on Ansborough Avenue approach to Downing Avenue, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. John Sherbon, 1715 Robin Road, commented that he was very confused by the information presented at the work session. He explained that the traffic at this intersection is very congested and he believes that if the lights could run in both directions at the same time with the arrow allowing people to turn left, the city could save a lot of money. He further stated that he does not believe Tuffy is in agreement with the proposed design changes. Mr. Jacobs requested an overview of the item as he was unable to attend the work session. Sandie Greco, Interim Public Works Director, explained that the goal was to not disrupt Tuffy's business and that both Mohammad and the consultant have spoken with the owner and manager. She further explained that this agenda item is about hiring a consultant to handle the negotiation services and the federal and state work, and it is part of the overall ICAP project, so 80 percent is paid by the ICAP. Resolution adopted and upon approval by Mayor assigned No. 2018-828. ORDINANCES 146697 - Morrissey/Amos that "an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt questioned if this item has anything to do with fixing the sewer backup issues the city has experienced. Steve Hoambrecker, Waste Management Services Director, explained that the increase will go toward funding and corrective action projects that were outlined previously per the consent decree and that the priority of some of those may change based on the recent issues experienced in September. Mr. Schmitt questioned the last increase amount. Steve Hoambrecker explained that there was a rate increase of 15 percent in July 2015 with discussions that there would be 5 percent increases as the decent decree project was implemented. Mr. Schmitt questioned the amount of this rate increase. Steve Hoambrecker explained that a 5 percent increase will be implemented in January and another 5 percent in July of 2019. Mrs. Klein commented that she is pleased that the city is taking care of sewer back up issues with rate increases but that this does not address storm water run-off problems. Storm water run-off problems need to be addressed in the future. Mr. Jacobs commented that storm -water problems need to be addressed sooner rather than later. November 5, 2018 Page 9 that "an Ordinance amending the City of Waterloo Traffic Code by amending Subsection (22) Linn Street of Section 545, Yield Streets", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Mr. Amos commented that the intersections are in his ward and there have been serious accidents. He requested that council move forward as this is a safety issue. 146700 - Amos/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. 146701 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Traffic Code by amending Subsection (22) Linn Street of Section 545, Yield Streets", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5471. ADJOURNMENT 146702 - Morrissey/Jacobs that the Council adjourn at 6:49 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO 1011rA PROCLAMATION WHEREASMount Carmel Missionary Baptist Church of Waterloo, established November 1921, is celebrating its 97th church anniversary; and WHEREAS, Mount Carmel has served this community by taking ministry beyond its four walls to promote unity and strong families, providing relevant preaching, teaching and counselling to better the lives of others; and Mount Carmel is a leading church engaged in the needs of this community as it relates to social justice, youth mentoring programs, and community partnerships which has produced a listening ear from local, state, and nationally elected officials, helping continue the journey towards better and stronger communities; and Mount Carmel fosters an atmosphere and environment of innovation that recognizes changing times and from that must come new, fresh ideas to excite and ignite positive passions in the hearts of young and old alike; and Under the leadership of Reverend Dr. Frantz T. Whitfield who has served as Servant Leader for the last ten years, as well as for its entire 97 -year history, Mount Carmel is committed to being a beacon of light "Indebted to the Past and Investing in the Future"; and Mount Carmel's long existence is due to the commitment and the dedication of its members, and it is striving to not just be a religious institution for show, but to be a city of refuge where no one is turned away, where everyone's needs are met, and where religion is practiced freely. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby, on behalf of the citizens of Waterloo, congratulate Mount Carmel Missionary Baptist Church on its 97th anniversary and hereby thank them for the services it has provided to our community, the City of Waterloo. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 13th day of November 2018. CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, bid documents, etc., and setting date of bid opening as December 6, 2018 and date of public hearing as December 10, 2018, for the Riverfront Stadium Group Seating Boxes Project, and instruct City Clerk to publish said notice. City Council Meeting: 11/13/2018 Prepared: 11/5/2018 REVIEWERS: Department Reviewer Action Date 1 a isure Sen g races p p autint , P aul. Approved U./6/2018 ... 9:40 AM Clerk Office p pirby, ..N alley Approved U./6/2018 ... 4:31 0i1 ATTACHMENTS: Description Type peri ca do n4 (:'over Menlo Cover .Menlo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution approving preliminary specifications, bid documents, etc., and setting date of bid opening as December 6, 2018 and date of public hearing as December 10, 2018, for the Riverfront Stadium Group Seating Boxes Project, and instruct City Clerk to publish said notice. Submitted By: Travis Nichols, Facilities/Project Manager Approve the plans, specifications, etc. and taking of bids, and set the date of bid opening as December 6, 2018 and date of hearing as December 10, 2018 This project provides for the construction of group seating boxes at Riverfront Stadium. $110,600 Cedar Rapids Ball Club Donation $75,600 G.O. Bond Funds $35,000 This project supports the City of Waterloo Strategic Plan, strategy 4.5 "Maintain City facilities that support quality of place" Page 17 of 220 PROJECT MANUAL FOR: CITY OF WATERLOO RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT WATERLOO, IOWA BID DOCUMENTS 02 NOVEMBER 2018 NVISION PLANNING ARCHITECTURE INTERIORS WATERLOO DES MOINES 501 Sycamore Street, Suite101 303 Watson Powell Jr. Way, Suite 200 Waterloo, Iowa 50703 Des Moines, Iowa 50309 319.233.8419 515.633.2941 319.233.9772 (fax) 515.633.2942 (fax) invisionarch.com invisionarch.com INVISION #: 18091 SET NUMBER: Page 18 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 19 of 220 DOCUMENT 00 01 07 SEALS PAGE I hereby certify that the portion of this technical submission described below was prepared by me or under my direct supervision and responsible charge. I am a duly Licensed Architect under the laws of the State of Iowa. Michael R Broshar Signature Registration Expires: 06-30-2020, Iowa Reg. No. 02463 Pages or sheets covered by this seal: Architectural Series Divisions: 00-14, except as specifically noted elsewhere. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 Date 00 01 07 SEALS PAGE 1 of 1 Page 20 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 01 07 SEALS PAGE 1 of 1 Page 21 of 220 TABLE OF CONTENTS DIVISION 00 - PROCUREMENT ANDCONTRACTING REQUIREMENTS 00 01 07 Seals Page 00 01 10 Table of Contents Notice to Bidders Notice of Public Hearing 00 21 13 Instructions to Bidders 00 41 00 Bid Form and Bid Supplements Form of Bid or Proposal Sales Tax Exemption Information Form Non -Collision Affidavits Resident Bidder Certification Form of Bid Bond Equal Opportunity Clause Reciprocal Resident Bidder Preference Affirmative Action Program Items of Potential Mbe/Wbe Participation Mbe/Wbe Pre -Bid Contact Information Form Statement of Bidder's Qualifications Form of Payment Bond Form of Performance Bond 00 72 00 General Conditions 00 72 11 Contractor Insurance Requirements DIVISION 01 - GENERALREQUIREMENTS 01 10 00 Summary 01 20 00 Price and PaymentProcedures 01 23 00 Alternates 01 30 00 Administrative Requirements 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 60 01 Substitution Request Form 01 70 00 Execution and Closeout Requirements 01 78 00 Closeout Submittals END OF SECTION Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 0001 10 TABLE OF CONTENTS 1 of 1 Page 22 of 220 THIS PAGE INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 01 10 TABLE OF CONTENTS 1 of 1 Page 23 of 220 NOTICE TO BIDDERS For the Taking of Construction Bids for the RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT PRE-BID MEETING A pre-bid meeting will be held on November 27, 2018 at 10:00 AM at the Waterloo Boat House, 707 Park Road, Waterloo, Iowa. Attendance is recommended but is not mandatory. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 6th day of December 2018, until 1:00 p.m. for the construction of the RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 6th day of December, 2018, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on December 10, 2018, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The extent of the work involved is construction of group seating boxes at Riverfront Stadium located at 850 Park Road. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before May 17, 2019. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. NOTICE TO BIDDERS Page 1 of Page 24 of 220 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by City, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from Rapids Reproduction/Technigraphics, 6201 Chancellor Drive, Cedar Falls, IA 50613; 319-277-5538. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to INVISION Architecture, 501 Sycamore St, Ste 101, Waterloo, IA, 50701 or Rapids Reproduction/Technigraphics, 6201 Chancellor Drive, Cedar Falls, IA 50613, by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the extra plans and specifications returned. Any extra sets can be ordered from Rapids Reproduction. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit a lump sum bid on the items listed in the proposal. All bids must be submitted on the Bid Form supplied by the City. NOTICE TO BIDDERS Page 2 of page 25 of 220 BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of Five Hundred dollars ($500) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. NOTICE TO BIDDERS Page 3 of page 26 of 220 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS Page 4 of page 27 of 220 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 6th day of December, 2018, until 1:00 p.m. for the construction of the RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 6th day of December, 20181 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on the 10th day of December, 2018, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the InVison Architects are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 Rapid Reproductions 6201 Chancellor Drive Cedar Falls, Iowa 50613 3) Plan Room Websites: Master Builders of Iowa website at www.mbionline.com Rapid Reproductions website at www.rapidsrepro.com Page 28 of 220 SCOPE OF WORK The extent of the work involved is the construction of group seating boxes at Riverfront Stadium located at 850 Park Road. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 13th day of November, 2018. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk Page 29 of 220 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS SUMMARY 1.01 DOCUMENT INCLUDES A. Invitation to Bid, and other relevant information and requirements. INVITATION 2.01 BID SUBMISSION A. Bids for the Riverfront Stadium Group Seating Boxes Project, signed and under seal, executed, and dated will be received at the office of the City Clerk in Waterloo City Hall located at 715 Mulberry Street in Waterloo, Iowa; before 1:00 p.m. local standard time on the 6th day of December, 2018. B. Offers will be opened publicly immediately after the time for receipt of bids. 2.02 INTENT A. The intent of this Bid request is to obtain an offer to perform the work as indicated in the Drawings and Specifications, in accordance with the Contract Documents for a Stipulated Sum contract. 2.03 WORK IDENTIFIED IN THE CONTRACT DOCUMENTS A. Work of this proposed Contract comprises building construction and renovation, including general construction Work. B. Location: Riverfront Stadium located at 850 Park Road, Waterloo, Iowa. 2.04 CONTRACT TIME A. Perform the Work within the time stated in Section 01 10 00 - Summary. B. Pre -construction Work may begin with issuance of Notice to Proceed. C. The bidder, in submitting an offer, accepts the Contract Time period stated for performing the Work. BID DOCUMENTS AND CONTRACT DOCUMENTS 3.01 DEFINITIONS A. Bid Documents: Contract Documents supplemented with Invitation To Bid, Instructions to Bidders, Information Available to Bidders, Bid Form, Supplements To Bid Forms and Appendices identified. B. Contract Documents: Defined in AIA A201 Article 1 including issued Addenda. C. Bid, Offer, or Bidding: Act of submitting an offer under seal. D. Bid Amount: Monetary sum identified by the Bidder in the Bid Form. 3.02 CONTRACT DOCUMENTS IDENTIFICATION A. The Contract Documents are identified as Project Number 18091, as prepared by INVISION Architecture, and with contents as identified in the Table of Contents of the Project Manual and Index of Sheets on the Drawings. 3.03 BIDDER'S REPRESENTATIONS A. The Bidder by making a Bid represents that: 1. The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction. 2. The Bid is made in compliance with Bidding Documents. 3. The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents. 4. The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception. 3.04 AVAILABILITY A. Bid documents may be obtained at MasterBuilders of Iowa (electronic) and Rapids Reproductions (electronic or hardcopy) at 6201 Chancellor Drive, Cedar Falls, IA. 50613; 319-277-5538; 1-800-383-1223. 1. One set of Bid Documents can be obtained by general contract bidders upon receipt of a refundable deposit, by cash, in the amount of $25 for one set. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 0021 13 INSTRUCTIONS TO BIDDERS 1 of 6 Page 30 of 220 2. Qualified plan houses receive all -branch sets free of charge, provided they log all usage of the documents and return to Rapids Reproductions within ten (14) days after bidding. 3. Hardcopy sets of Bid Documents can be obtained by bidders from Rapids Reproduction. a. General Contractors shall be limited to two (2) sets each. Mechanical and Electrical Contractors shall be limited to one (1) set each. 4. Subcontractors and suppliers may view plans and specifications on dfs.rapidsrepro.com. Master Builder's cards will also be honored. 5. A second, non-refundable check for $20 made out to the printer shall be included if shipping is desired. 6. Deposit will be refunded if Bid Documents are returned complete, undamaged, unmarked and reusable, within 7 days of bid submission. Failure to comply will result in forfeiture of deposit. B. Bid Documents are made available only for the purpose of obtaining offers for this project. Their use does not grant a license for other purposes. C. Bidder shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. D. Addenda will be available online at: dfs.rapidsrepro.com. If a contractor, subcontractor, or supplier does not have Internet access; please call Rapids Reproductions, 1-800-383-1223, to make alternative arrangements. 1. Go to dfs.rapidsrepro.com on the Internet. 2. Click on the INVISION logo. 3. Click on "Register Now" towards the bottom of the screen. 4. Click "I Accept" on the End User License Agreement. 5. Enter your email address and click on "Continue." 6. Fill in the required "Personal Information" and click on "Continue." 7. Check your email for your "User ID" and "Password." 8. Click "Continue" and login with your "User ID" and "Password". 9. Direct any questions to: 1-800-383-1223. E. Call INVISION Architecture, 319-233-8419, for questions regarding availability of plans. 3.05 EXAMINATION A. Bid Documents are on display at the offices of the following construction plan rooms: 1. Rapids Reproductions: 6201 Chancellor Drive, Cedar Falls, IA. 50613; 319-277-5538. 2. Albert Lea Builders Exchange, 2580 Bridge Avenue, Albert Lea, MN 56007; 507-373-3938. 3. Beeline + Blue; Attn: McGraw Hill Plan Room; 2507 Ingersoll Avenue; Des Moines, IA 50312; 515-244-1611; https://www.beelineandblue.com. 4. Greater Fort Dodge Growth Alliance, 24 N. 9th Street, Suite A, Fort Dodge, IA 50501, (515) 955-5500, http://www.greaterfortdodge.com/growthalliance 5. Lacrosse Builders Exchange, 427 Gillette St., Lacrosse, WI. 54602, (608) 781-1819. (Electronic only) https://www.laxbx.com 6. Master Builders, 221 Park St. Des Moines, IA, 50306, (515) 288-8904, http://www.mbionline.com 7. McGraw-Hill Construction, 3872 Elmore Avenue, Davenport, IA 52807, (563) 355-1250. 8. North Iowa Builders Exchange, 9 North Federal Avenue, Mason City, IA 50401, 641-423-5334. 9. Omaha Builders Exchange, 4255 South 94th, Omaha, NE 68127, (402) 991-6906, http://omahaplanroom.com/ 10. Rapids Reproduction/Technigraphics, 6201 Chancellor Drive, Cedar Falls, IA 50613; 319 277 5538. 11. Rochester Builder's Exchange, 108 Elton Hills Lane NW, Rochester, MN 55901, (507) 282-6351. (Electronic only) http://www.bexroch.com/ B. Upon receipt of Bid Documents verify that documents are complete. Notify Design Professional should the documents be incomplete. C. Immediately notify Design Professional upon finding discrepancies or omissions in the Bid Documents. 3.06 INQUIRIES/ADDENDA A. Direct questions to Cody Mills, codym@invisionarch.com; (phone) 319-433-3838. B. Addenda may be issued during the bidding period. All Addenda become part of the Contract Documents. Include resultant costs in the Bid Amount. C. Verbal answers are not binding on any party. D. The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 0021 13 INSTRUCTIONS TO BIDDERS 2 of 6 Page 31 of 220 which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect error, inconsistencies or ambiguities discovered. E. Clarifications requested by bidders must be in writing not less than 7 days before date set for receipt of bids. The reply will be in the form of an Addendum, distributed to known Plan Holders. F. Each bidder shall indicate receipt of addendum on bid form. 3.07 PRODUCT / ASSEMBLY / SYSTEM SUBSTITUTIONS A. Where the Bid Documents stipulate a particular product, substitutions will be considered up to 10 days before receipt of bids. B. When a request to substitute a product is made, Design Professional may approve the substitution and will issue an Addendum to known bidders. C. The submission shall provide sufficient information to determine acceptability of such products. D. Provide complete information on required revisions to other work to accommodate each proposed substitution. E. In submission of substitutions to products specified, bidders shall include in their bid all changes required in the Work and changes to Contract Time and Contract Sum to accommodate such substitutions. A later claim by the bidder for an addition to the Contract Time or Contract Sum because of changes in work necessitated by use of substitutions shall not be considered. F. Provide products as specified unless substitutions are submitted in this manner and accepted. G. See Section 01 60 00 - Product Requirements for additional requirements. SITE ASSESSMENT 4.01 SITE EXAMINATION A. Examine the project site before submitting a bid. 1. Extra costs for Work not identified on the drawings, but clearly visible, will not be considered. B. A visit to the project site has been arranged for bidders immediately following the Pre -Bid Conference. 4.02 PREBID CONFERENCE A. A bidders conference has been scheduled for 10:00 a.m. on the 27th day of November, 2018 at the location of 707 Park Rd., Waterloo, IA 50703. B. A tour of the project site will follow. C. All general contract and subcontract bidders and suppliers are invited. D. Representatives of Design Professional will be in attendance. E. Summarized minutes of this meeting will be circulated to attendees. These minutes will not form part of the Contract Documents. F. Information relevant to the Bid Documents will be recorded in an Addendum, issued to Bid Document recipients. QUALIFICATIONS 5.01 EVIDENCE OF QUALIFICATIONS A. To demonstrate qualification for performing the Work of this Contract, bidders may be requested to submit written evidence of financial position, license to perform work in the State. 5.02 SUBCONTRACTORS/SUPPLIERS/OTHERS A. Owner reserves the right to reject a proposed subcontractor for reasonable cause. B. Refer to General Conditions. 5.03 REGISTERED SEX OFFENDERS A. Contractor shall not staff Registered Sex Offenders on site whether performing general, subcontract or any other form of work. BID SUBMISSION 6.01 SUBMISSION PROCEDURE A. Submit two copies of the executed offer on the Bid Forms provided, signed and sealed in a closed opaque envelope, clearly identified with bidder's name, project name and Owner's name on the outside. B. Double Envelope: Insert the closed and sealed Bid Form envelope plus requested security deposit in a large opaque envelope and label this envelope as noted above. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 0021 13 INSTRUCTIONS TO BIDDERS 3 of 6 Page 32 of 220 C. Improperly completed information, irregularities in security deposit, may be cause not to open the Bid Form envelope and declare the bid invalid or informal. D. An abstract summary of submitted bids will be made available to all bidders following bid opening. 6.02 BID INELIGIBILITY A. Bids that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind, may at the discretion of the Owner, be declared unacceptable. B. Bid Forms, Appendices, and enclosures that are improperly prepared may, at the discretion of Owner, be declared unacceptable. C. Failure to provide security deposit, bonding or insurance requirements may, at the discretion of Owner, be waived. BID ENCLOSURES/REQUIREMENTS 7.01 SECURITY DEPOSIT A. Bids shall be accompanied by a security deposit as follows: 1 Bid Bond of a sum no less than 5 percent of the Bid Amount on AIA A310 Bid Bond Form, or standard surety company form, or a certified bank check for five (5) percent of bid amount made payable to the Owner. B. The security deposit will be returned after delivery to the Owner of the required Performance and Payment Bond(s) by the accepted bidder. C. Include the cost of bid security in the Bid Amount. D. After a bid has been accepted, all securities will be returned to the respective bidders and other requested enclosures. E. If no contract is awarded, all security deposits will be returned. 7.02 PERFORMANCE ASSURANCE A. Accepted Bidder: Provide a Performance and Payment bond as described in 00 73 00 - Supplementary Conditions. B. Include the cost of performance assurance bonds in the Bid Amount. 7.03 BID FORM REQUIREMENTS A. Complete all requested information in the Bid Form and Appendices. 7.04 SALES AND USE TAXES A. This is a sales tax-free construction project. Bidders shall NOT include state sales taxes in their proposals. The Owner will issue a state sales tax exemption certificate for all materials purchased for the project and will issue the appropriate tax exemption certificates and authorization letters to the Contractors and all subcontractors performing work on the project. Tax exemption certificates are applicable only for the specific project for which the certificates are issued. The Contractors shall provide a listing to the Owner of all appropriate subcontractors which are qualified to use the tax exemption certificate. The Contractors and subcontractors may make copies of the tax exemption certificate and may provide a copy to each supplier providing construction material. Materials for this contract may then be purchased free from sales tax. Suppliers shall retain this certificate for at least three years. 7.05 ADDITIONAL BID INFORMATION A. The selected bidder will be requested to complete the Supplements To Bid Forms within 24 hours after submission of bids. B. Equal Opportunity compliance is required for this project and is a part of these specifications. 1. MBE/WBE Contract Compliance Program: A copy of the Waterloo / Cedar Falls Minority and Women Business Enterprise Constriction and Maintenance Guide (Directory) is available from the City of Waterloo Contract Compliance Officer, 602 Mulberry, Waterloo, Iowa. C. Bidders shall submit the following Supplements with the Bid submission: 1. Minority and/or Women Business enterprise Pre -Bid Contact Information Form (copy bound herein). 2. The purpose of the form is to list MBE/WBE contacted during the bid period. OFFER ACCEPTANCE/REJECTION 8.01 DURATION OF OFFER A. Bids shall remain open to acceptance and shall be irrevocable for a period of thirty (30) days after the bid closing date. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 0021 13 INSTRUCTIONS TO BIDDERS 4 of 6 Page 33 of 220 8.02 ACCEPTANCE OF OFFER A. Owner reserves the right to accept or reject any or all offers and to waive any irregularities or informalities. B. After acceptance by Owner, the Architect on behalf of Owner, will issue to the successful bidder, a written Notice to Proceed. END OF SECTION 00 21 13 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 0021 13 INSTRUCTIONS TO BIDDERS 5 of 6 Page 34 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 0021 13 INSTRUCTIONS TO BIDDERS 6 of 6 Page 35 of 220 FORM OF BID OR PROPOSAL RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by INVISION and now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT, all in accordance with the above -listed documents and for the bid and alternates. BASE BID a) Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by INVISION for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Base Bid listed in this bid form of: b) dollars ($ ), in lawful money of the United States of America. c) We have included the required security deposit as required by the Instruction to Bidders. ALTERNATES - SEE SECTION 01 23 00 Bidder, in submitting his bid proposal, shall include, in addition to his base bid, the following alternate. Alternate No. 1: (ADD) Stair decking to be new steel decking to match existing, field verify. Base Bid — Salvage existing decking for stair. 1. ADD dollars. ($ ), in lawful money of the United States of America. CONTRACT TIME a) Substantially complete the Work by May 17th, 2018. 2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature, and start work within ten (10) days after "Notice to Proceed" is issued. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.01 FORM OF BID OR PROPOSAL Page 1 of 2 Page 36 of 220 3. Security in the sum of Dollars ($ ) in the form of is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 5. Attached hereto is a Resident Bidder Certification. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The bidder has received the following Addendum or Addenda: Addendum No. Date 9. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non -Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: a) The City of Waterloo does not approve the subcontractors. b) The subcontractors submit in writing that they cannot fulfill their subcontracts. 10. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 11. The bidder has attached all applicable forms. (Name of Bidder) (Date) BY: Title: Official Address: (Including Zip Code): I.R.S. No. END OF FORM OF BID OR PROPOSAL Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.01 FORM OF BID OR PROPOSAL Page 2 of 2 Page 37 of 220 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME FEDERAL ID#: SUBCONTRACTOR PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond. ❑ Landscaping ❑ Painting ❑ Paving ❑ Plumbing ❑ Roofing -Siding -Sheet Metal ❑ Windows ❑ Wrecking -Demolition ❑ Other (Please specify) Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.02 SALES TAX EXEMPTION INFORMATION FORM Page 1 of 2 Page 38 of 220 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 THIS PAGE IS INTENTIONALLY LEFT BLANK 00 41 00.02 SALES TAX EXEMPTION INFORMATION FORM Page 2 of 2 Page 39 of 220 State of NON -COLLUSION AFFIDAVIT OF PRIME BIDDER )ss County of , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201_. Title My commission expires Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.03 NON -COLLUSION AFFIDAVITS Page 1 of 2 Page 40 of 220 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of County of ) ss: , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to contract pertaining to the project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201_ Title My commission expires Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.03 NON -COLLUSION AFFIDAVITS Page 2 of 2 Page 41 of 220 CONTRACT NO: RESIDENT BIDDER CERTIFICATION PROJECT NAME: DATE OF LETTING: To be a qualified resident bidder; the person, operation, partnership or firm shall not have, as employees, Illinois laborers on the work site of a non -federal -aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project; whether skilled, semi -skilled or unskilled; whether manual or non - manual. This also applies to work subcontracted by or to the resident bidder on a non -federal -aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are regularly employed executive and technical experts. This qualification as resident bidder shall be maintained by the contractor and his subcontractors at the work site until this project is completed. I hereby certify that no Illinois resident laborer as defined above will be employed at the work site during the contract period from the start of the project until its completion. COMPANY NAME: CORPORATED OFFICER: TITLE: DATE: Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.04 RESIDENT BIDDER CERTIFICATION Page 1 of 2 Page 42 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.04 RESIDENT BIDDER CERTIFICATION Page 2 of 2 Page 43 of 220 FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the CITY OF WATERLOO , Iowa, hereinafter called "OWNER." In the penal sum Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of ,20 ,for NOW, THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these pres- ents to be signed by their proper officers this day of , A.D. 200 Principal By (Seal) Witness Surety (Title) (Seal) By Witness Attorney-in-fact Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.05 FORM OF BID BOND Page 1 of 2 Page 44 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.05 FORM OF BID BOND Page 2 of 2 Page 45 of 220 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.06 EQUAL OPPORTUNITY CLAUSE Page 1 of 2 Page 46 of 220 subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non-discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 (Title) (Date) 00 41 00.06 EQUAL OPPORTUNITY CLAUSE Page 2 of 2 Page 47 of 220 RECIPROCAL RESIDENT BIDDER PREFERENCE In response to Illinois' law concerning resident preference and in accordance with Section 73A.21 of the Iowa Code, all non -federal -aid public improvement projects, which include road construction, shall be performed by a qualified resident bidder. The resident bidder has been further defined as follows: To be a qualified resident bidder, the person, corporation, partnership, or firm shall not have, as employees, Illinois laborers on the work site of a non -federal -aid project within Iowa. An Illinois laborer is any person who has resided in Illinois for at least 30 days and intends to become or remain an Illinois resident. This applies to all labor on the project, whether skilled, semi -skilled, or unskilled; whether manual or non -manual. This also applies to work subcontracted by or to the resident bidder on a non -federal -aid project within Iowa. The resident bidder may place on such work no more than three residents of Illinois who are his regularly employed executive and technical experts. As noted, this definition gives a preference as to whom the contractors or subcontractors can employ. The contractor shall provide the City with a certification that he is a qualified resident bidder according to the above definition. The Certification shall be submitted with the contractor's bid. A copy of the form of "Resident Bidder Certification" is included in the Contract Documents. If it is determined that the contractor does not meet this qualification after he begins work, a shutdown notice shall be issued and the voiding of the contract shall begin unless the contractor becomes qualified. DJG/cs 01/13/97 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.07 RECIPROCAL RESIDENT BIDDER PREFERENCE Page 1 of 2 Page 48 of 220 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 THIS PAGE IS INTENTIONALLY LEFT BLANK 00 41 00.07 RECIPROCAL RESIDENT BIDDER PREFERENCE Page 2 of 2 Page 49 of 220 Revised February 1991 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ( General Contractor Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Sub contractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.08 AFFIRMATIVE ACTION PROGRAM Page 1 of 8 Page 50 of 220 C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Name Address Position Sex Origin Ethnic 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.08 AFFIRMATIVE ACTION PROGRAM Page 2 of 8 Page 51 of 220 III. AFFIRMATIVE ACTION A. recognizes that the (Name of Company) effective application of a policy of merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the (Name of Company) following six (6) steps to improve our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take (Name of Company) whatever steps are necessary to ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. D. will seek qualified minority, (Name of Company) female, and local group applicants for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other (Name of Company) companies with whom we are associated and/or do business, to do the same and we will assist them in their efforts. H. has taken the following (Name of Company) Riverfront Stadium Group Seating Boxes Project 00 41 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION #18091 Page 3 of 8 Page 52 of 220 Affirmative Action to ensure that minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write ”NONE") 1. 2. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non -minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 2007, please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percentage. *Goals for Minorities: cyo Goals for Women: *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. Please be advised that the goals or targets are purely your estimation of how many women and minorities your company can reasonably expect to hire in 1991. Note, that Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.08 AFFIRMATIVE ACTION PROGRAM Page 4 of 8 Page 53 of 220 none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984-142(4). CONTRACTOR'S TOTAL WORK FORCE (WATERLOO) INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: W Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.08 AFFIRMATIVE ACTION PROGRAM Page 5 of 8 Page 54 of 220 HANDICAPPED: H We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.08 AFFIRMATIVE ACTION PROGRAM Page 6 of 8 Page 55 of 220 DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency's operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations which require specialized and theoretical knowledge which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post -secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftsmen, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper work required in an office. Includes: bookkeepers, messengers, office machine operators, clerk -typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on-the-job training programs. Includes: Mechanics and repairman, electricians, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred workers. 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesman, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi -skilled): Workers who operate machine or processing equipment or perform other factory -type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.08 AFFIRMATIVE ACTION PROGRAM Page 7 of 8 Page 56 of 220 raftsmen and woodchoppers, laborers performing lifing, digging, mixing, loading and pulling operations and kindred workers. 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency. 10. Trainees (on-the-iob): Production... persons in formal training for craftsmen when not trained under apprentice programs --operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, technical, sales, office and clerical occupations. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.08 AFFIRMATIVE ACTION PROGRAM Page 8 of 8 Page 57 of 220 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: All items from the RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre -Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.09 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION Page 1 of 4 Page 58 of 220 Contract No.: SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Letting Date: I, (subcontractor's name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by (date) and (time). Subcontractor's Company Name Date Subcontractor's Signature Date Prime Bidder's Signature Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.09 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION Page 2 of 4 Page 59 of 220 LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3 (11/28/2001) Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.09 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION Page 3 of 4 Page 60 of 220 LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractors Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.09 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION Page 4 of 4 Page 61 of 220 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Date: SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions should be directed to Contract Compliance Office 319-291-4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Louis Starks, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE-BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted (Form CCO-4) Rev. 06-20-02 Page 62 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 63 of 220 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.11 STATEMENT OF BIDDER'S QUALIFICATIONS Page 1 of 2 Page 64 of 220 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. State of Dated at , this day of , 200 . County of ) ss: (Name of Bidder) By: Title: , being duly sworn deposes and says that he is of and that the answers (Name of Organization) to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of 200 Notary Public My commission expires Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.11 STATEMENT OF BIDDER'S QUALIFICATIONS Page 2 of 2 Page 65 of 220 FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a , hereinafter called Principal, (Corporation, Partnership or Individual) and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto (Name of Owner) (Address of Owner) herein after called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.12 FORM OF PAYMENT BOND Page 1 of 2 Page 66 of 220 PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in counterparts, each one of (number) which shall be deemed an original, this the 20 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) day of Principal By (s) (Address) Surety ATTEST: By Attorney -in -Fact Witness as to Surety (Address) (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.12 FORM OF PAYMENT BOND Page 2 of 2 Page 67 of 220 FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, , of (hereinafter called the Principal), and of (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum Dollars ($ ) lawful money of the United States, to payment of which sum, well and truly to be made, the Principal here firmly binds himself/themselves, his/their heirs, executors, and administrators, and the said Surety binds himself, his successors, assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, WHEREAS the above bounden Principal did, on the day of , 20_, enter into a written contract with the City of Waterloo, Iowa, for the construction of _ , a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, firms or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1. To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.13 FORM OF PERFORMANCE BOND Page 1 of 2 Page 68 of 220 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of , 20_. Principal By: Surety Attorney -in -Fact Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 00 41 00.13 FORM OF PERFORMANCE BOND Page 2 of 2 Page 69 of 220 Init. „,,,,,,_ A A. Document A201”- 2017 190 111111111111111111111111 General Conditions of the Contract for Construction for the following PROJECT: (Naive and location or address) Riverfront Stadium Group Seating Boxes Project 850 Park Rd. Waterloo, IA 50703 THE OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 THE ARCHITECT: (Nance, legal status and address) INVISION Architecture, LTD PO Box 1800 Waterloo, IA 50704 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AIA Document A503TM, Guide for Supplementary Conditions. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and crirninal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. Pag��"A) ZZO User Notes: Init. 15 CLAIMS AND DISPUTES AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA 8 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pagfaliat)220 Init. INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12.2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.10.2, 8.3.2, 15.1.6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3.8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6.3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3.1.3, 3.10.2, 3.12.8, 3.12.9, 3.12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1, 3.12.4, 3.12.8, 3.12.10, 4.1.2, 4.2.1, 4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2.1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15.1.4, 15.2 Architect's Additional Services and Expenses 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4.1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10.2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4.2.14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4.2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5, 3.7.4, 3.7.5, 3.9.2, 3.9.3, 3.10, 3.11, 3.12, 3.16, 3.1 8, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9.10.3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoB720,0f3)220 Init. 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2,15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10, 12.2, 14.1.2, 15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15.4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2, 7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2, 2.2.4, 3.7.4, 3.7.5, 3.8, 3.10.2, 5.2.3, 7.3, 7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Contract Tinie, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor's Employees AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagpB7,a'D,a)220 Init. 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11.3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9.8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 9.2, 9.3, 9.8.2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10.2.6 Contractor's Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2, 3.2.1, 3.3.1, 3.10, 3.12.6, 6.1.3, 6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 15.1.3.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1.2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3.9, 9.10.2, 10.3.2, 10.3.6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11.3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13.4.2, 14.2.2, 14.2.4, 15.1, 15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1, 2.1.1, 3.1.1, 3.5, 3.12.1, 3.12.2, 3.12.3, 4.1.1, 5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9.8.1, 15.1.1 Delays and Extensions of Time 3.2, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7.1.3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Extensions of Time 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3.2, 10.4, 14.3, 15.1.6, 15.2.5 AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagpB743,a)220 Init. Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2.4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10.2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10.1, 6.1.3, 6.1.4, 6.2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10.2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1.1.1 Instructions to the Contractor 3.2.4, 3.3.1, 3.8.1, 5.2.1, 7, 8.2.2, 12, 13.4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4, 11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1.1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1.2, 15.1.1 Interpretations, Written 4.2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. { User Notes: PagpBB ,Q)220 11 Init. Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1,1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4, 2.5, 3.5, 4.2.6, 6.2.4, 9.5.1, 9.8.2, 9.9.3, 9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1, 3.7.4, 3.7.5, 3.9.2, 3.12.9, 3.12.10, 5.2.1, 7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5, 2.1.1, 2.3.32.4, 2.5, 3.4.2, 3.8.1, 3.12.10, 3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1.5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8.5, 9.10.1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3.13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4.2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 Project, Definition of 1.1.4 AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagpB7,6),a)220 Init. Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 Responsibility for Those Perfor Ding the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15.4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11,3.12,4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4, 3.12.5, 3.14.2, 4.2.4, 4.2.7, 6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9.10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1.5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2.3, 7.3.4, 9.2, 9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 Subsurface Conditions 3.7.4 AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pagfallafi)220 Init. Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6.8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5.4.1.1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2.2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 10.3.2, 12.2.1, 13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Time Limits 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1, 2.4, 3.9, 7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagpB7,8D,a)220 Init. ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary (General and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.1.2 Supplemental Conditions and Revisions Herein Supplementary information and revisions specific to this Contract are identified by a vertical bar in the left margin. This document, as read with identified revisions, defines the fully enforceable Conditions of the Contract for Construction. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1.5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 10 Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pag ftBB ?'Jiat)22O Init. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. 1.2.1.2 In the event the Contract Documents must be clarified or revised, the following priority will be applied amended documentation: .1 Modifications. .2 The Agreement. .3 Addenda, with those of later date having precedence over those of earlier date. .5 The General Conditions (including supplemental amendments) of the Contract for Construction. .6 Division 1 of the Specifications. .7 Drawings and Divisions 2-49 of the Specifications. .8 Other documents specifically enumerated in the Agreement as part of the Contract Documents. In the case of inconsistency between Drawings and Divisions 2-49 of the Specifications, or within or among the Contract Documents and not clarified by Addendum, the Architect will provide clarification in accordance with Sections 4.2.11, 4.2.12, and 4.2.13. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect's consultants. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. PaCJ�:� n Q6220 User Notes: AD 11 Init. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM_2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202T"_2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor 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. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pago:���6220 User Notes: 12 Init. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days' notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub -subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2.3.3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2.The Owner shall furnish the Contract Documents to the Contractor in digital format. If the Contractor requires paper documents, the Contractor shall be responsible for the costs of producing such paper documents § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pago:���6�20 User Notes: 13 Init. amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. 3.2.5 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for evaluating and responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where the requested information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pag��2� User Notes: :�RP7�6 14 Init. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor's proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.2.1 After the Contract has been executed, the Owner and Architect may consider requests for the substitution of products in place of those specified. The Owner and Architect may, but are not obligated to, consider only those substitution requests that are in full conformance with the conditions set forth in the General Requirements (Division 1 of the Specifications). By making requests for substitutions, the Contractor: 1. represents that it has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to the product specified; 1. represents that it will provide the same warranty for the substitution as it would have provided for the product specified; 2. certifies that the cost data presented is complete and includes all related costs for the substituted product and for Work that must be performed or changed as a result of the substitution, except for the Architect's redesign costs, and waives all claims for additional costs related to the substitution that subsequently become apparent; 3. agrees that it shall, if the substitution is approved, coordinate the installation of the accepted substitute, making such changes as may be required for the Work to be complete in all respects: and 4. represents that the request includes a written representation identifying any potential effect the substitution may have on the Project's achievement of a Sustainable Measure or the Sustainable Objective. § 3.4.2.2 The Owner shall be entitled to reimbursement from the Contractor for amounts paid to the Architect for reviewing the Contractor's proposed substitutions and making agreed-upon changes in the Drawings and Specifications resulting from such substitutions. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pago:���6�20 User Notes: 15 Init. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 TaxesSales Tax NOT Included The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect.This is a sales tax-free construction project. Bidders shall NOT include state sales taxes in their proposals. The Owner will issue a state sales tax exemption certificate for all materials purchased for the project and will issue the appropriate tax exemption certificates and authorization letters to the Contractors and all subcontractors performing work on the project. Tax exemption certificates are applicable only for the specific project for which the certificates are issued. The Contractors shall provide a listing to the Owner of all appropriate subcontractors which are qualified to use the tax exemption certificate. The Contractors and subcontractors may make copies of the tax exemption certificate and may provide a copy to each supplier providing construction material. Materials for this contract may then be purchased free from sales tax. Suppliers shall retain this certificate for at least three years. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. § 3.7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pag ft:(.),(A)220 16 Init. suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9.2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14 -day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. review and use during administration of the Contract. . The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved reviewed submittal schedule, the Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pag���6�2� User Notes: :� 17 Init. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect's approval of a resubmission shall not apply to such revisions. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pag ft:(17D,QQ)220 18 Init. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all perfonnance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.12.11 The Architect's review of Contractor's submittals will be limited to examination of an initial submittal and one (1) resubmittal. The Contractor shall reimburse the Owner for amounts paid to the Architect for evaluation of additional resubmittals. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. PaCJ�:���)220 User Notes: 13 19 Init. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2.1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 4.2.2.1 The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for site visits made necessary by the fault of the Contractor or by defects and deficiencies in the Work. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pago. ,A*220 20 Init. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through include the Architect. Communications by and with Subcontractors and suppliers shall be through include the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under OrdererrNo. 2215063383 which expires on 06/27/2019, and is not for resale. Pag�:�AYJ�13)ZZO User Notes: 13 21 Init. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2.13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. if appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 4.2.14.1 Contractor's requests for information shall be prepared and submitted in accordance with Division 1 "General Requirements" sections on the standardized project form. Requirements for internes file sharing sites are also covered in Division 1 "General Requirements on applicable projects. Architect will return without action requests for information that do not conform to requirements of the Contract Documents ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14 -day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 if the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.2.5 MANUFACTURERS AND FABRICATORS § 5.2.5.1 Not later than sixty (60) days after the date of commencement of the Work, the Contractor shall furnish in writing to the Owner, through the Architect, the names of persons or AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. Pag�:���t3)220 User Notes: 13 22 Init. entities proposed as manufacturers or fabricators for certain products, equipment and systems identified in the General Requirements (Division 1 of the Specifications) and, where applicable, the name of the installing Subcontractor. The Architect may reply in writing to the Contractor within 14 days stating 1) whether the Owner or the Architect has reasonable objection to any such proposed person or entity or 2) that the Architect requires additional time to review. Failure of the Owner or Architect to reply within the 14 day period shall constitute notice of no reasonable objection. k 5.2.5.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. k 5.2.5.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected manufacturer or fabricator 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 manufacturer's or fabricator's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. k 5.2.5.4 The Contractor shall not substitute a person or entity previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pag�:��2� User Notes: ��6 23 Init. the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner perfonns construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pago:`RP7�6220 User Notes: 24 Init. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work may be accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. §7.1.4 The combined overhead and profit included in the total cost to the Owner for a change in the Work shall be based on the following schedule: &7.1.4.1 For the Contractor, for Work performed by the Contractor's own forces, fifteen (15) percent of the cost. 7.1.4.2 For the Contractor, for Work performed by the Contractor's Subcontractors, five (5) percent of the amount due the Subcontractors. 57.1.4.3 For each Subcontractor involved, for Work performed by that Subcontractor's own forces, five (5) percent of the cost. 57.1.4.4 For each Subcontractor involved, for Work performed by the Subcontractor's Subsubcontractors, five (5) percent of the amount due the Sub -subcontractor. 57.1.4.5 The maximum allowable mark-up shall be twenty-five (25) percent passed through to the Owner by the Contractor under any circumstances. 57.1.4.6 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.7. 57.1.5 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including labor, materials and Subcontracts. Labor and materials shall be itemized in the manner prescribed above. Where major cost items are Subcontracts, they shall be itemized also. In no case will a change involving over $2,000 be approved without such itemization. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and .3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. Pag�:���t3)220 User Notes: 13 25 Init. .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor perforans the Work set forth in the Architect's order for a minor AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. { User Notes: Pago:" ,ii,e� )220 26 Init. change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2.2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8.2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9.1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pago:`fi�6220 User Notes: 27 Init. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. The form of Application for Payment, duly notarized, shall be a current authorized edition of AIA Document G702TM_1992, Application and Certificate for Payment, supported by a current authorized edition of AIA Document G703TM_1992, Continuation Sheet. § 9.3.1.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. 9.3.1.3 Payments will be made to the extent of the substantiated value of the work performed in the previous month less a retainage amount of five (5) percent of the value of the work performed. At Substantial Completion, 95 percent of the contract amount shall be due and payable. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pag ft7 Diat)22O 28 Init. from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 9.5 Decisions to Withhold Certification § 9.5.1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. if the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9.5.2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9.5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5.4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner. § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No.{ 2215063383 which expires on 06/27/2019, and is not for resale. Pag�:��2� User Notes: ��6 29 Init. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment if the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start- up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.3.1 The Architect will perform no more than one (1) inspection to determine whether the Work or a designated portion thereof has attained Substantial Completion in accordance with the Contract Documents. The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for any additional inspections. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 30 Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: Pageiat)220 Init. Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on-site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.1.1 The Architect will perforin no more than one (1) inspection to determine whether the Work or a designated portion thereof has attained Final Completion in accordance with the Contract Documents. The Owner is entitled to reimbursement from the Contractor for amounts paid to the Architect for any additional inspections. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 31 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. n� User Notes: PagoB3,/30 220 Init. Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. § 9.11 The Contractor and the Contractor's surety, if any, shall be liable for and shall pay the Owner the sums hereinafter stipulated as liquidated damages, and not as a penalty, for each calendar day of delay after the date established for Substantial Completion in the Contract Documents until the Work is substantially complete: Five Hundred Dollars, Zero Cents ($500.00) per calendar day. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 32 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoB3n 13o 220 Init. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 33 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoB3" n� 3Qf 220 Init. Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. ARTICLE 11 INSURANCE AND BONDS § 11.1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11.1.5 Insurance and Bond Supplements to the Contract. Reference Section 00 72 11 Contractor Insurance Requirements. § 11.2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 34 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoBika 30 220 Init. failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. § 11.3 Waivers of Subrogation § 11.3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3.2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 35 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. n User Notes: PagoB3A6 3Qf 220 Init. receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 if a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. if such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor's expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12.2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within 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 any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The 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. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 36 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoB3" n� 3Qf 220 Init. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work if the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15A. § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4.1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 37 Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagftBlaa30 220 Init. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 -day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or Guppliers;Suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 38 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. n User Notes: PagoB1 730 220 Init. .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 if the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4.1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4.2 Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoBB t 30 220 39 Init. responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.6.3 Claims for increase in the Contract Time shall set forth in detail the circumstances that form the basis for the Claim, the date upon which each cause of delay began to affect the progress of the Work, the date upon which each cause of delay ceased to affect the progress of the Work, and the number of days' increase in the Contract Time claimed as a consequence of each such cause of delay. The Contractor shall provide such supporting documentation as the Owner may require including, where appropriate, a revised construction schedule indicating all the activities affected by the circumstances forming the basis of the Claim. § 15.1.6.4 The Contractor shall not be entitled to a separate increase in the Contract Time for each one of the number of causes of delay which may have concurrent or interrelated effects on the progress of the Work, or for concurrent delays due to the fault of the Contractor. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoBB V30 220 40 Init. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. Han initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 in evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. tipeff Within ten days of receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 41 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. � User Notes: PagoBt4in a f 220 Init. mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Meet and Confer § 15.3.1 Any claim, dispute or other matter in question arising out of or related this Agreement shall be subject to a meet and confer session as a condition precedent to mediation. § 15.3.2 A meet and confer session may be requested by the Owner, Contractor or Architect. Members of the Owner and Contractor's management, with decision making authority to bind their party with respect to the Claim, dispute or other matter in question, shall be in attendance with the Architect as witness. The meet and confer session shall take place within thirty (30) days after being requested, unless all parties agree otherwise. § 15.3.3 If the parties reach a mutually acceptable resolution, then they shall prepare appropriate documentation memorializing the resolution. If the parties cannot reach a mutually acceptable resolution, they shall proceed to mediation in accordance with Section 15.4. § 15_4 Mediation § 15.3.1 15.4.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 15.4.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 15.4.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. § 15.3.415.4.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof § 15.4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding disputc resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 42 Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoBtb130 220 Init. arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when thc institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statutc of limitations purposes, receipt of a written demand for arbitration by the person or cntity administering thc arbitration shall constitute thc institution of legal or equitable proceedings based on the Claim. § 15.1.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. §-15AA-Conselidation-er4einder § 15.4.4.1 Subject to the rules of thc American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conductcd under this Agreement with any other arbitration to which it is a party provided that (1) thc arbitration agreement governing the other arbitration permits consolidation, (2) the arbitration:, 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). § 15.4.4.2 Subject to thc rules of thc American Arbitration Association or other applicable arbitration rules, either party 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. § 15.1.1.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.1, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. AIA Document A201 TM - 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. 43 Unauthorized reproduction or distribution of this AIA8 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PagoB11230 220 Certification of Document's Authenticity AIA® Document D4011111— 2003 1, Brad Leeper, hereby certify, to the best of my knowledge, information and belief, that 1 created the attached final document simultaneously with this certification 17:26:42 ET on 11/01/2018 under Order No. 2215063383 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A201TM - 2017, General Conditions of the Contract for Construction, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) (Title) (Dated) AIA Document D401 TM - 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA5 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, .� may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:26:42 ET on 11/01/2018 under Order No. 2215063383 which expires on 06/27/2019, and is not for resale. User Notes: PageBl"i i of 220 ARTICLE 11 11.1.1.1 WORKER'S COMPENSATION INSURANCE The Contractor shall purchase and maintain Worker's Compensation for not less than the following limits, or greater, if required by law: .a State: Statutory .b Applicable Federal: Statutory .c Employer's Liability: $500,000 per Accident d Injury by Disease: $500,000 per Employee $500,000 Aggregate 11.1.2.1 LIABILITY INSURANCE The Contractor shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of the Contractor, the operations of the Subcontractors (Contingent or Independent), product and completed operations, personal injury, and contractual liability to include coverage for the Hold Harmless and Indemnification Clause in Article 3.1S. Certificates shall be submitted on AIA Document G705 or the ACORD 25 Certificate of Insurance Form. Policy shall include a statement of 30 days minimum advance notice of material change or cancellation of policy to the Owner. The Architect and Owner, along with their respective officers, agency and employees, shall be named as additional insured for Ongoing Operations and Products/Completed Operations on the Contractor, Subcontractor's and any Sub -Subcontractors Commercial General Liability Policy, which must be primary and noncontributory with respect to the additional insured. Minimum Policy Limits: .1 Comprehensive or Commercial General Liability (including Premises -Operation; Independent Contractor's Protection; Products and Completed Operations; Broad Form Property Damage): .a Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Aggregate .b Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate .c Products and Completed Operations: $2,000,000 Aggregate .d Property Damage Liability shall provide X, C and U Coverage for Explosion, Collapse and Underground Hazard Exposures, respectively. ,e Products and Completed Operations coverage shall be maintained for 3 years after final payment. .f Broad Form Property Damage coverage shall include Completed Operations. .g General Liability coverage shall contain a per project aggregate clause. .2 Contractual Liability: .a Bodily Injury: $1,000,000 Each Occurrence $2,000,000 Aggregate .b Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate PROJECT #81670.10.00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 S.G.C. Page 9 00 72 11 CONTRACTOR INSURANCE REQUIREMENTS 1 of 2 Page 114 of 220 .3 Personal Injury, with Employment Exclusion deleted: $1,000,000 .4 Business or Commercial Automobile Liability (including .a Bodily Injury: $1,000,000 $1,000,000 .b Property Damage: $1,000,000 $1,000,000 Aggregate owned, non -owned and hired vehicles): Each Person Each Occurrence Each Occurrence Combined Single Limit .5 Umbrella Excess Policy: $3,000,000 over primary insurance The Contractor shall either (1) require each of his Subcontractors to procure and to maintain during the life of his subcontract, public liability and property darnage coverage of the type and in the same amount as specified in the preceding paragraphs, or (2) insure the activities of his Subcontractors in his own policy. Insurance on equipment, tools, sheds, plant, etc,, shall be the responsibility of the Contractor. 11.3.1.1 BUILDER'S RISK FOR AMOUNT OF CONTRACT "The Owner shall purchase and maintain property insurance upon the entire work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Architect, the Contractor, the Subcontractors and sub -Subcontractors, all of whom shall be named as additional insured, and shall include the "Special" covered causes of loss, insurance for physical loss or damage." The Contractor and the Architect will be named and furnished a copy of the coverage at the beginning of the project. ARTICLE 13 13.1 GOVERNING LAW 13.1: Delete the words following "where the Project is located" in 13.1 so that it now reads as follows: Amend Paragraph 13.1 to read as follows: 13.1 The Contract shall be governed by the laws of the State of Iowa. Delete Subparagraph 13.6 and substitute the following Subparagraph: 13.6 Payments due and unpaid under the Contract Documents shall bear interest from the date the payment is due and shall bear interest at the rate established by Section 74A.2, Code of Iowa. 13.7 TIME LIMITS ON CLAIMS 13.7: Strike 13.7 in its entirety and substitute the following: 13.7 COMMENCEMENT OF STATUTORY LIIMIITATION PERIOD 13.7.1 As between the Owner and Contractor: 1. Before Substantial Completion. As to acts or failures to act occurring prior to the relevant date of Substantial Completion, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than such date of Substantial Completion; PROJECT #R1670.10,00 S.G.C. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 Page 10 00 72 11 CONTRACTOR INSURANCE REQUIREMENTS 1 of 2 Page 115 of 220 SECTION 01 10 00 SUMMARY PART 1 GENERAL 1.01 PROJECT A. Project Name: Riverfront Stadium Group Seating Boxes Project. B. Owner's Name: City of Waterloo. C. Design Professional's Name: INVISION. D. The Project consists of the construction of Selective demolition of existing bleachers and steel beams. Construction of four (4) new ground level suites with relocated decking for stairs. New sidewalk for ADA access. 1.02 CONTRACT DESCRIPTION A. Contract Type: A single prime contract based on a Stipulated Price as described in Document 00 52 00 - Agreement Form. B. Work shall begin within ten (10) working days after receipt of "Notice to Proceed". C. Substantial Completion: May 10, 2018. D. Final Completion: May 17, 2018. 1.03 DESCRIPTION OF ALTERATIONS WORK A. Scope of demolition and removal work is indicated on drawings and specified in Section 02 41 00. B. Scope of alterations work is indicated on drawings. C. Contractor shall remove and store the following prior to start of work, for later reinstallation by Contractor: 1.04 WORK BY OWNER A. Items noted NIC (Not in Contract) will be supplied and installed by Owner before Substantial Completion. Some items include: 1. Small equipment. 1.05 OWNER OCCUPANCY A. Owner intends to occupy the Project upon Substantial Completion. B. Cooperate with Owner to minimize conflict and to facilitate Owner's operations. C. Schedule the Work to accommodate Owner occupancy. 1.06 CONTRACTOR USE OF SITE AND PREMISES A. Construction Operations: Limited to areas noted on Drawings. B. Arrange use of site and premises to allow: 1. Owner occupancy. 2. Work by Others. 3. Work by Owner. 4. Use of site and premises by the public. C. Provide access to and from site as required by law and by Owner: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 2. Do not obstruct roadways, sidewalks, or other public ways without permit. D. Time Restrictions: Construction work is not permitted 1 hour before, during, or for 1 hour after any scheduled events at the stadium. E. Utility Outages and Shutdown: 1. Limit disruption of utility services to hours the site is unoccupied. 2. Prevent accidental disruption of utility services to other facilities. 1.07 WORK SEQUENCE A. Coordinate work of the various Sections of the Specifications to assure efficient and orderly sequence of installation of construction elements, with provisions for accommodating items installed later. B. Verify that characteristics of elements of interrelated operating equipment are compatible; coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. Riverfront Stadium Group Seating Boxes Project 01 10 00 City of Waterloo SUMMARY INVISION #18091 1 of 2 Page 116 of 220 C. Coordinate space requirements and installation of mechanical and electrical work which are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduits, as closely as practicable; make runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. D. Execute cutting and patching to integrate elements of Work, uncover ill-timed, defective, and non -conforming Work, provide openings for penetrations of existing surfaces, and provide samples for testing if required. Seal penetrations through floors, walls, and roof. END OF SECTION 01 10 00 Riverfront Stadium Group Seating Boxes Project 01 10 00 City of Waterloo SUMMARY INVISION #18091 2 of 2 Page 117 of 220 SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 GENERAL 1.01 SECTION INCLUDES A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Change procedures. D. Procedures for preparation and submittal of application for final payment. 1.02 RELATED REQUIREMENTS A. Section 00 50 00 - Contracting Forms and Supplements: Forms to be used. 1.03 SCHEDULE OF VALUES A. Use Schedule of Values Form: AIA G703, edition stipulated in the Agreement. B. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit draft to Design Professional for approval. C. Forms filled out by hand will not be accepted. D. Submit Schedule of Values in duplicate within 15 days after date of Owner -Contractor Agreement. E. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification section. Identify General Conditions with a separate line item.. F. Revise schedule to list approved Change Orders, with each Application For Payment. 1.04 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement. B. Use Form AIA G702 and Form AIA G703, edition stipulated in the Agreement. C. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit sample to Design Professional for approval. D. Forms filled out by hand will not be accepted. E. Execute certification by signature of authorized officer. F. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. G. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of work. H. Submit one electronic and three hard -copies of each Application for Payment. I. Include the following with the application: 1. Transmittal letter as specified for submittals in Section 01 30 00. 2. Partial release of liens from major subcontractors and vendors. 3. Certificates attesting to insurance of off-site stored products included in payment application. J. When Design Professional requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 1.05 MODIFICATION PROCEDURES A. For minor changes not involving an adjustment to the Contract Sum or Contract Time, Design Professional will issue instructions directly to Contractor. B. For other required changes, Design Professional will issue a document signed by Owner instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. C. For changes for which advance pricing is desired, Design Professional will issue a document that includes a detailed description of a proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change with a stipulation of any overtime work required and the period of time during which the requested price will be considered valid. Contractor shall prepare and submit a fixed price quotation within 15 days. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 20 00 PRICE AND PAYMENT PROCEDURES 1 of 2 Page 118 of 220 D. Contractor may propose a change by submitting a request for change to Design Professional, describing the proposed change and its full effect on the work, with a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation. Document any requested substitutions in accordance with Section 01 60 00. E. Computation of Change in Contract Amount: As specified in the Agreement and Conditions of the Contract. 1. For change requested by Design Professional for work falling under a fixed price contract, the amount will be based on Contractor's price quotation. 2. For change ordered by Design Professional without a quotation from Contractor, the amount will be determined by Design Professional based on the Contractor's substantiation of costs as specified for Time and Material work. F. Substantiation of Costs: Provide full information required for evaluation. 1. On request, provide the following data: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. 2. Support each claim for additional costs with additional information: a. Origin and date of claim. b. Dates and times work was performed, and by whom. c. Time records and wage rates paid. d. Invoices and receipts for products, equipment, and subcontracts, similarly documented. G. Execution of Change Orders: Design Professional will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. H. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Sum. I. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust times for other items of work affected by the change, and resubmit. J. Promptly enter changes in Project Record Documents. 1.06 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due. B. Application for Final Payment will not be considered until the following have been accomplished: 1. All closeout procedures specified in Section 01 70 00. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 01 20 00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 20 00 PRICE AND PAYMENT PROCEDURES 2 of 2 Page 119 of 220 SECTION 01 23 00 ALTERNATES PART 1 GENERAL 1.01 SECTION INCLUDES A. Procedures for pricing Alternates. 1.02 ACCEPTANCE OF ALTERNATES A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at Owner's option. Accepted Alternates will be identified in the Owner -Contractor Agreement. B. Coordinate related work and modify surrounding work to integrate the Work of each Alternate. 1.03 SCHEDULE OF ALTERNATES Alternate No. 1: (ADD) Stair decking to be new steel decking to match existing, field verify. Base Bid - Salvage existing decking for stair. ADD dollars. ($ ), in lawful money of the United States of America. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 01 23 00 Riverfront Stadium Group Seating Boxes Project 01 23 00 City of Waterloo ALTERNATES INVISION #18091 1 of 2 Page 120 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 23 00 ALTERNATES 2 of 2 Page 121 of 220 SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Electronic document submittal service. B. Release of CAD/BIM files C. Preconstruction meeting. D. Progress meetings. E. Construction progress schedule. F. Coordination drawings. G. Submittals for review, information, and project closeout. H. Number of copies of submittals. I. Requests for Information (RFI) procedures. J. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Section 01 60 00 - Product Requirements: General product requirements. B. Section 01 70 00 - Execution and Closeout Requirements: Additional coordination requirements. C. Section 01 78 00 - Closeout Submittals: Project record documents; operation and maintenance data; warranties and bonds. 1.03 PROJECT COORDINATOR A. Project Coordinator: General Contractor. B. Cooperate with the Project Coordinator in allocation of mobilization areas of site; for field offices and sheds, for site and existing building access, traffic, and parking facilities. C. During construction, coordinate use of site and facilities through the Project Coordinator. D. Comply with Project Coordinator's procedures for intra -project communications; submittals, reports and records, schedules, coordination drawings, and recommendations; and resolution of ambiguities and conflicts. E. Comply with instructions of the Project Coordinator for use of temporary utilities and construction facilities. Responsibility for providing temporary utilities and construction facilities is identified in Section 01 50 00 - Temporary Facilities and Controls. F. Coordinate field engineering and layout work under instructions of the Project Coordinator. G. Make the following types of submittals to Design Professional through the Project Coordinator: 1. Requests for Information. 2. Requests for substitution. 3. Shop drawings, product data, and samples. 4. Test and inspection reports. 5. Design data. 6. Manufacturer's instructions and field reports. 7. Applications for payment and change order requests. 8. Progress schedules. 9. Coordination drawings. 10. Correction Punch List and Final Correction Punch List for Substantial Completion. 11. Closeout submittals. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 ELECTRONIC DOCUMENT SUBMITTAL SERVICE A. All documents transmitted for purposes of administration of the contract are to be in electronic (PDF, MS Word, or MS Excel) format, as appropriate to the document, and transmitted via an Internet -based submittal service that receives, logs and stores documents, provides electronic stamping and signatures, and notifies addressees via email. 1. The web -based software will provide status logs, reports, searching and automated notifications. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 30 00 ADMINISTRATIVE REQUIREMENTS 1 of 6 Page 122 of 220 2. Besides submittals for review, information, and closeout, this procedure applies to Requests for Information (RFIs), progress documentation, contract modification documents (e.g. supplementary instructions, change proposals, change orders), applications for payment, field reports and meeting minutes, Contractor's correction punchlist, and any other document any participant wishes to make part of the project record. 3. Contractor and Design Professional are required to use this service. 4. It is Contractor's responsibility to submit documents in allowable format. 5. Subcontractors, suppliers, and Design Professional's consultants will be permitted to use the service at no extra charge. 6. Users of the service need an email address, Internet access, and PDF review software that includes ability to mark up and apply electronic stamps (such as Adobe Acrobat, www.adobe.com, or Bluebeam PDF Revu, www.bluebeam.com), unless such software capability is provided by the service provider. 7. Paper document transmittals will not be reviewed; emailed electronic documents will not be reviewed. 8. All other specified submittal and document transmission procedures apply, except that electronic document requirements do not apply to samples or color selection charts, which shall be delivered by mail or courier. B. Submittal Service: The selected service is: 1. Newforma Project Cloud: www.newformaprojectcloud.com; 800-303-4650; projectcloud@newforma.com C. Reference Guide: A "Quick Start Guide for External Users" is available at: http://help. newforma.com/newforma_info_Exchange_eleventh_edition/desktop/External_User_Quick_Ref erence_Guide.pdf 3.02 RELEASE OF CAD/BIM FILES A. Contractors may request plans for their use/benefit for assistance in preparing submittals or for use in construction. 1. Standard charge is $100 per sheet, payable directly to the Architect, for Architect's cost in developing CAD files. 2. The Revit model will be provided at no charge. 3. If CAD files, contractor shall identify specific sheets to be produced as files. 4. A signed release form is required. 3.03 PRECONSTRUCTION MEETING A. Attendance Required: 1. Owner. 2. Design Professional. 3. Contractor. 4. Major subcontractors. B. Agenda: 1. Execution of Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of subcontractors, list of products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract, the Owner's Representative and Design Professional. 6. Procedures and processing of field decisions, submittals, substitutions, applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Scheduling. 8. Pre -installation meetings required C. General Contractor will record minutes and distribute copies within 7 days after meeting to participants, with copies to Design Professional, Owner, participants, and those affected by decisions made. 1. Minutes will be distributed through Web -based project management software system. 3.04 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the work at minimum monthly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required: 1. Contractor. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 30 00 ADMINISTRATIVE REQUIREMENTS 2 of 6 Page 123 of 220 2. Owner. 3. Design Professional. 4. Contractor's superintendent. 5. Major subcontractors. 6. Major Suppliers. 7. Additional consultants, subcontractors, suppliers and product representatives as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off-site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Scheduling of upcoming pre -installation meetings. 13. Effect of proposed changes on progress schedule and coordination. 14. Other business relating to work. E. Architect will record minutes and distribute copies within 5 days after meeting to participants, with copies to Design Professional, Owner, participants, and those affected by decisions made. 1. Minutes will be distributed through Web based project management software system 3.05 CONSTRUCTION PROGRESS SCHEDULE A. Submit schedule at Pre -Construction Meeting. B. Submit updated schedule at each Progress meeting. 3.06 COORDINATION DRAWINGS A. Provide information required by Project Coordinator for preparation of coordination drawings. B. Review drawings prior to submission to Design Professional. 3.07 REQUESTS FOR INFORMATION (RFI) A. Definition: A request seeking one of the following: 1. An interpretation, amplification, or clarification of some requirement of Contract Documents arising from inability to determine from them the exact material, process, or system to be installed; or when the elements of construction are required to occupy the same space (interference); or when an item of work is described differently at more than one place in the Contract Documents. 2. A resolution to an issue which has arisen due to field conditions and affects design intent. B. Whenever possible, request clarifications at the next appropriate project progress meeting, with response entered into meeting minutes, rendering unnecessary the issuance of a formal RFI. C. Preparation: Prepare an RFI immediately upon discovery of a need for interpretation of the Contract Documents. Failure to submit a RFI in a timely manner is not a legitimate cause for claiming additional costs or delays in execution of the work. 1. Prepare a separate RFI for each specific item. a. Review, coordinate, and comment on requests originating with subcontractors and/or materials suppliers. b. Do not forward requests which solely require internal coordination between subcontractors. 2. Prepare using software provided by the Electronic Document Submittal Service. 3. Combine RFI and its attachments into a single electronic file. D. Reason for the RFI: Prior to initiation of an RFI, carefully study all Contract Documents to confirm that information sufficient for their interpretation is definitely not included. 1. Unacceptable Uses for RFIs: Do not use RFIs to request the following:: a. Approval of submittals (use procedures specified elsewhere in this section). b. Approval of substitutions (see Section - 01 60 00 - Product Requirements) c. Changes that entail change in Contract Time and Contract Sum (comply with provisions of the Conditions of the Contract). Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 30 00 ADMINISTRATIVE REQUIREMENTS 3 of 6 Page 124 of 220 d. Different methods of performing work than those indicated in the Contract Drawings and Specifications (comply with provisions of the Conditions of the Contract). 2. Improper RFIs: Requests not prepared in compliance with requirements of this section, and/or missing key information required to render an actionable response. They will be returned without a response, with an explanatory notation. 3. Frivolous RFIs: Requests regarding information that is clearly indicated on, or reasonably inferable from, the Contract Documents, with no additional input required to clarify the question. They will be returned without a response, with an explanatory notation. a. The Owner reserves the right to assess the Contractor for the costs (on time -and -materials basis) incurred by the Design Professional, and any of its consultants, due to processing of such RFIs. E. Content: Include identifiers necessary for tracking the status of each RFI, and information necessary to provide an actionable response. 1. Official Project name and number, and any additional required identifiers established in Contract Documents. 2. Owner's, Design Professional's, and Contractor's names. 3. Discrete and consecutive RFI number, and descriptive subject/title. 4. Issue date, and requested reply date. 5. Reference to particular Contract Document(s) requiring additional information/interpretation. Identify pertinent drawing and detail number and/or specification section number, title, and paragraph(s). 6. Annotations: Field dimensions and/or description of conditions which have engendered the request. 7. Contractor's suggested resolution: A written and/or a graphic solution, to scale, is required in cases where clarification of coordination issues is involved, for example; routing, clearances, and/or specific locations of work shown diagrammatically in Contract Documents. If applicable, state the likely impact of the suggested resolution on Contract Time or the Contract Sum. F. Attachments: Include sketches, coordination drawings, descriptions, photos, submittals, and other information necessary to substantiate the reason for the request. G. Review Time: Design Professional will respond and return RFIs to Contractor within seven calendar days of receipt. For the purpose of establishing the start of the mandated response period, RFIs received after 12:00 noon will be considered as having been received on the following regular working day. 1. Response period may be shortened or lengthened for specific items, subject to mutual agreement, and recorded in a timely manner in progress meeting minutes. H. Responses: Content of answered RFIs will not constitute in any manner a directive or authorization to perform extra work or delay the project. If the response is likely to lead to a change to Contract Sum or Contract Time, the Architect will issue a formal change document. 1. Response may include a request for additional information, in which case the original RFI will be deemed as having been answered, and an amended one is to be issued forthwith. Identify the amended RFI with an R suffix to the original number. 2. Do not extend applicability of a response to specific item to encompass other similar conditions, unless specifically so noted in the response. 3. Upon receipt of a response, promptly review and distribute it to all affected parties, and update the RFI Log. 4. Notify Design Professional within seven calendar days if an additional or corrected response is required by submitting an amended version of the original RFI, identified as specified above. 3.08 SUBMITTAL SCHEDULE A. Submit to Design Professional for review a schedule for submittals in tabular format. 1. Coordinate with Contractor's construction schedule and schedule of values. 2. Format schedule to allow tracking of status of submittals throughout duration of construction. 3.09 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. B. Submit to Design Professional for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 30 00 ADMINISTRATIVE REQUIREMENTS 4 of 6 Page 125 of 220 C. Samples will be reviewed for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01 78 00 - Closeout Submittals. 3.10 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections, submit them for information: 1. Design data. 2. Certificates. 3. Test reports. 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for Design Professional's knowledge as contract administrator or for Owner. C. Daily Log: Submit to Owner through Architect two (2) copies of Contractor's daily log indicating all personal on-site including names and time on site. Submit at maximum of monthly intervals at progress meetings and immediately upon request of Owner 3.11 SUBMITTALS FOR PROJECT CLOSEOUT A. Submit Correction Punch List for Substantial Completion. B. Submit Final Correction Punch List for Substantial Completion. C. When the following are specified in individual sections, submit them at project closeout in conformance to requirements of Section 01 78 00 - Closeout Submittals: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. D. Submit for Owner's benefit during and after project completion. 3.12 NUMBER OF COPIES OF SUBMITTALS A. Electronic Documents: Submit one electronic copy in PDF format; an electronically -marked up file will be returned. Create PDFs at native size and right -side up; illegible files will be rejected. 1. Transmit to Architect/ Engineer via email to General Contractor or via Electronic Document Submittal Service. B. Extra Copies at Project Closeout: See Section 01 78 00. C. Samples: Submit the number specified in individual specification sections; one of which will be retained by Design Professional. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 3.13 SUBMITTAL PROCEDURES A. General Requirements: 1. Use a single transmittal for related items. 2. Submit separate packages of submittals for review and submittals for information, when included in the same specification section. 3. Transmit using approved form. a. Use form generated by Electronic Document Submittal Service software. 4. Identify: Project; Contractor; subcontractor or supplier; pertinent drawing and detail number; and specification section number and article/paragraph, as appropriate on each copy. 5. Apply Contractor's stamp, signed or initialed certifying that review, approval, verification of products required, field dimensions, adjacent construction work, and coordination of information is in accordance with the requirements of the work and Contract Documents. 6. Deliver each submittal on date noted in submittal schedule, unless an earlier date has been agreed to by all affected parties, and is of the benefit to the project. a. Upload submittals in electronic form to Electronic Document Submittal Service website. 7. Schedule submittals to expedite the Project, and coordinate submission of related items. a. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 30 00 ADMINISTRATIVE REQUIREMENTS 5 of 6 Page 126 of 220 b. For sequential reviews involving Design Professional's consultants, Owner, or another affected party, allow an additional 7 days. 8. Identify variations from Contract Documents and product or system limitations that may be detrimental to successful performance of the completed work. 9. Provide space for Contractor and Design Professional review stamps. 10. When revised for resubmission, identify all changes made since previous submission. 11. Distribute reviewed submittals. Instruct parties to promptly report inability to comply with requirements. 12. Incomplete submittals will not be reviewed, unless they are partial submittals for distinct portion(s) of the work, and have received prior approval for their use. 13. Submittals not requested will be recognized, and will be returned "Not Reviewed", B. Product Data Procedures: 1. Submit only information required by individual specification sections. 2. Collect required information into a single submittal. 3. Submit concurrently with related shop drawing submittal. 4. Do not submit (Material) Safety Data Sheets for materials or products. C. Shop Drawing Procedures: 1. Prepare accurate, drawn -to -scale, original shop drawing documentation by interpreting the Contract Documents and coordinating related work. 2. Do not reproduce the Contract Documents to create shop drawings. 3. Generic, non -project -specific information submitted as shop drawings do not meet the requirements for shop drawings. D. Samples Procedures: 1. Transmit related items together as single package. 2. Identify each item to allow review for applicability in relation to shop drawings showing installation locations. 3. Include with transmittal high-resolution image files of samples to facilitate electronic review and approval. Provide separate submittal page for each item image. 3.14 SUBMITTAL REVIEW A. Submittals for Review: Design Professional will review each submittal, and approve, or take other appropriate action. B. Submittals for Information: Design Professional will acknowledge receipt and review. See below for actions to be taken. C. Design Professional's actions will be reflected by marking each returned submittal using virtual stamp on electronic submittals. 1. Notations may be made directly on submitted items and/or listed on appended Submittal Review cover sheet. D. Design Professional's actions on items submitted for review: 1. Authorizing purchasing, fabrication, delivery, and installation: a. Reviewed. b. Corrections Noted. c. Submit Specific Item(s). d. Revise and Resubmit. e. Rejected. f. Information Only. END OF SECTION 01 30 00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 30 00 ADMINISTRATIVE REQUIREMENTS 6 of 6 Page 127 of 220 SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Submittals. B. References and standards. C. Control of installation. D. Mock-ups. E. Tolerances. F. Manufacturers' field services. G. Defect Assessment. 1.02 RELATED REQUIREMENTS A. Section 01 30 00 - Administrative Requirements: Submittal procedures. B. Section 01 60 00 - Product Requirements: Requirements for material and product quality. 1.03 SUBMITTALS A. See Section 01 30 00 - Administrative Requirements, for submittal procedures. B. Design Data: Submit for Design Professional's knowledge as contract administrator for the limited purpose of assessing compliance with information given and the design concept expressed in the contract documents, or for Owner's information. C. Test Reports: After each test/inspection, promptly submit two copies of report to Design Professional and to Contractor. D. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to Design Professional, in quantities specified for Product Data. 1. Indicate material or product complies with or exceeds specified requirements. Submit supporting reference data, affidavits, and certifications as appropriate. 1.04 REFERENCES AND STANDARDS A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Comply with reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code. C. Obtain copies of standards where required by product specification sections. D. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion. E. Should specified reference standards conflict with Contract Documents, request clarification from Design Professional before proceeding. F. Neither the contractual relationships, duties, or responsibilities of the parties in Contract nor those of Design Professional shall be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.05 TESTING AND INSPECTION AGENCIES AND SERVICES PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Design Professional before proceeding. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 40 00 QUALITY REQUIREMENTS 1 of 4 Page 128 of 220 D. Comply with specified standards as minimum quality for the work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. 3.02 MOCK-UPS A. Tests shall be performed under provisions identified in this section and identified in the respective product specification sections. B. Assemble and erect specified items with specified attachment and anchorage devices, flashings, seals, and finishes. C. Accepted mock-ups shall be a comparison standard for the remaining Work. D. Where mock-up has been accepted by Design Professional and is specified in product specification sections to be removed, protect mock-up throughout construction, remove mock-up and clear area when directed to do so by Design Professional. 3.03 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Design Professional before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place. 3.04 TESTING AND INSPECTION A. Testing Agency Duties: 1 Provide qualified personnel at site. Cooperate with Design Professional and Contractor in performance of services. 2. Perform specified sampling and testing of products in accordance with specified standards. 3. Ascertain compliance of materials and mixes with requirements of Contract Documents. 4. Promptly notify Design Professional and Contractor of observed irregularities or non-compliance of Work or products. 5. Perform additional tests and inspections required by Design Professional. 6. Submit reports of all tests/inspections specified. B. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. C. Contractor Responsibilities: 1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers' facilities. 3. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be tested/inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples. 4. Notify Design Professional and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 6. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. D. Re -testing required because of non-compliance with specified requirements shall be performed by the same agency on instructions by Design Professional. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 40 00 QUALITY REQUIREMENTS 2 of 4 Page 129 of 220 E. Re -testing required because of non-compliance with specified requirements shall be paid for by Contractor. 3.05 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance equipment as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 3.06 DEFECT ASSESSMENT A. Replace Work or portions of the Work not complying with specified requirements. B. If, in the opinion of Design Professional, it is not practical to remove and replace the work, Design Professional will direct an appropriate remedy or adjust payment. END OF SECTION 01 40 00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 40 00 QUALITY REQUIREMENTS 3 of 4 Page 130 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 40 00 QUALITY REQUIREMENTS 4 of 4 Page 131 of 220 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities. B. Temporary telecommunications services. C. Temporary sanitary facilities. D. Temporary Controls: Barriers, enclosures, and fencing. E. Security requirements. F. Vehicular access and parking. G. Waste removal facilities and services. H. Project identification sign. I. Field offices. 1.02 REFERENCE STANDARDS A. ASTM E84 - Standard Test Method for Surface Burning Characteristics of Building Materials; 2018. B. ASTM E90 - Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements; 2009 (Reapproved 2016). 1.03 TEMPORARY UTILITIES A. Owner will provide the following: 1. Electrical power and metering, consisting of connection to existing facilities. 2. Water supply, consisting of connection to existing facilities. 1.04 TELECOMMUNICATIONS SERVICES A. Provide, maintain, and pay for telecommunications services to field office at time of project mobilization. 1.05 TEMPORARY SANITARY FACILITIES A. Provide, in a sanitary condition, chemical type portable toilet facilities for use by contractor personnel outside in the existing building. Toilets and toilet location shall be subject to approval by the Owner's Representative. B. Maintain daily in clean and sanitary condition. 1.06 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas, to prevent access to areas that could be hazardous to workers or the public, to allow for owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades and covered walkways required by governing authorities for public rights-of-way and for public access to existing building. 1.07 INTERIOR ENCLOSURES A. Provide temporary partitions and ceilings as indicated to separate work areas from Owner -occupied areas, to prevent penetration of dust and moisture into Owner -occupied areas, and to prevent damage to existing materials and equipment. B. Construction: Framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces: 1.08 VEHICULAR ACCESS AND PARKING A. Comply with regulations relating to use of streets and sidewalks, access to emergency facilities, and access for emergency vehicles. B. Coordinate access and haul routes with governing authorities and Owner. C. Provide and maintain access to fire hydrants, free of obstructions. 1.09 WASTE REMOVAL A. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition. B. Provide containers with lids. Remove trash from site periodically. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 50 00 TEMPORARY FACILITIES AND CONTROLS 1 of 2 Page 132 of 220 C. If materials to be recycled or re -used on the project must be stored on-site, provide suitable non-combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the authorities having jurisdiction. 1.10 PROJECT IDENTIFICATION A. Provide project identification sign of design and construction indicated on drawings. B. Erect on site at location indicated. C. No other signs are allowed without Owner permission except those required by law. 1.11 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Date of Substantial Completion inspection. B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated. C. Clean and repair damage caused by installation or use of temporary work. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION 01 50 00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 50 00 TEMPORARY FACILITIES AND CONTROLS 2 of 2 Page 133 of 220 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. General product requirements. B. Re -use of existing products. C. Transportation, handling, storage and protection. D. Product option requirements. E. Substitution limitations. F. Procedures for Owner -supplied products. G. Maintenance materials, including extra materials, spare parts, tools, and software. 1.02 REFERENCE STANDARDS A. NFPA 70 - National Electrical Code; Most Recent Edition Adopted by Authority Having Jurisdiction, Including All Applicable Amendments and Supplements. 1.03 SUBMITTALS A. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. B. Shop Drawing Submittals: Prepared specifically for this Project; indicate utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. C. Sample Submittals: Illustrate functional and aesthetic characteristics of the product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns. PART2 PRODUCTS 2.01 EXISTING PRODUCTS A. Do not use materials and equipment removed from existing premises unless specifically required or permitted by the Contract Documents. B. Unforeseen historic items encountered remain the property of the Owner; notify Owner promptly upon discovery; protect, remove, handle, and store as directed by Owner. C. Existing materials and equipment indicated to be removed, but not to be re -used, relocated, reinstalled, delivered to the Owner, or otherwise indicated as to remain the property of the Owner, become the property of the Contractor; remove from site. D. Specific Products to be Reused: The reuse of certain materials and equipment already existing on the project site is required. 1. See Section 01 10 00 for list of items required to be salvaged for reuse and relocation. 2.02 NEW PRODUCTS A. Provide new products unless specifically required or permitted by the Contract Documents. B. Where all other criteria are met, Contractor shall give preference to products that: 1. Are extracted, harvested, and/or manufactured closer to the location of the project. 2. Have longer documented life span under normal use. 3. Result in less construction waste. 2.03 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 60 00 PRODUCT REQUIREMENTS 1 of 4 Page 134 of 220 D. "Similar and equivalent to" indicates an example product that meets specifications. This example is not considered a 'named' product. E. "Basis of Design" indicates applicable characteristics of named product were used to design systems. "Similar and equal to" is implied unless otherwise indicated. When provision for substitution is stated, submit a request for any manufacturer or product not named. F. "Approved Equal" with a provision for substitutions: Contractor may submit a request for substitution for any manufacturer not named. The example is considered a 'named' product. The allowance for substitutions does not warrant that a substitution is known or exists. 2.04 MAINTENANCE MATERIALS A. Furnish extra materials, spare parts, tools, and software of types and in quantities specified in individual specification sections. B. Deliver to Project site; obtain receipt prior to final payment. C. Record delivery date and time in Contractor As -Built Document Set. PART 3 EXECUTION 3.01 SUBSTITUTION PROCEDURES A. Instructions to Bidders specify time restrictions for submitting requests for substitutions during the bidding period. Comply with requirements specified in this section. B. Substitutions of products, materials, equipment, or methods of construction will not be considered except in the following instances: 1. The specified item cannot be provided within the Contract time (substitutions will not be considered if this is the result of the Contractor's failure to pursue the work in a timely manner). 2. The requested substitution offers the Owner a substantial savings in cost, time, or energy conservation. 3. The specified item cannot be installed due to incompatibility with other materials, failure to comply with applicable codes, etc C. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. D. A request for substitution constitutes a representation that the submitter: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. 3. Will coordinate installation and make changes to other Work which may be required for the Work to be complete with no additional cost to Owner. 4. Waives claims for additional costs or time extension which may subsequently become apparent. 5. Will reimburse the Owner and Architect/Engineer for review or redesign services associated with re -approval by authorities. E. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. F. Substitution Submittal Procedure: 1. Submit six copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The Architect/Engineer will notify Trade Contractor in writing of decision to accept or reject request. 4. Identify product by Contractor Specification Section and article numbers. Provide manufacturer's name and address, trade name of product, and model or catalog number. List fabricators and suppliers as appropriate. 5. Attach product data as specified in Section 01 30 00 - Submittals. 6. List similar projects using product, dates of installation, and names and phone numbers of Architect and Owner. 7. Give itemized comparison of proposed substitution with specified product, listing quality and performance variations, and reference to Specification Section and article number. 8. Give cost data comparing proposed substitution with specified product, and amount of net change to Contract price. 9. List nearest availability of maintenance services and replacement materials. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 60 00 PRODUCT REQUIREMENTS 2 of 4 Page 135 of 220 10. State effect of substitution on construction schedule, and changes required in other work or products. G. Acceptance of a substitute manufacturer does not waive or alter any specified product requirement. 3.02 OWNER -SUPPLIED PRODUCTS A. See Section 01 10 00 - Summary for identification of Owner -supplied products. 3.03 TRANSPORTATION AND HANDLING A. Package products for shipment in manner to prevent damage; for equipment, package to avoid loss of factory calibration. B. If special precautions are required, attach instructions prominently and legibly on outside of packaging. C. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. D. Transport and handle products in accordance with manufacturer's instructions. E. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. F. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. G. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage, and to minimize handling. H. Arrange for the return of packing materials, such as wood pallets, where economically feasible. 3.04 STORAGE AND PROTECTION A. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication. B. Store and protect products in accordance with manufacturers' instructions. C. Store with seals and labels intact and legible. D. Store sensitive products in weathertight, climate -controlled enclosures in an environment favorable to product. E. For exterior storage of fabricated products, place on sloped supports above ground. F. Protect products from damage or deterioration due to construction operations, weather, precipitation, humidity, temperature, sunlight and ultraviolet light, dirt, dust, and other contaminants. G. Comply with manufacturer's warranty conditions, if any. H. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. I. Prevent contact with material that may cause corrosion, discoloration, or staining. J. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. K. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION 01 60 00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 60 00 PRODUCT REQUIREMENTS 3 of 4 Page 136 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 60 00 PRODUCT REQUIREMENTS 4 of 4 Page 137 of 220 SUBSTITUTION REQUEST FORM We hereby submit for your consideration the following product instead of the specified item for the following project: PROJECT TITLE PROJECT NO. DRAWING NO. DRAWING TITLE SPEC. SECTION SPEC. TITLE PARAGRAPH SPECIFIED ITEM Proposed Substitution: Attach complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Submit, with request, all necessary samples and substantiating data to prove equal quality and performance to that which is specified. Clearly mark manufacturer's literature to indicate equality in performance. Substitutions of the materials and equipment described in the Contract Documents will be considered during the bidding period upon receipt or a written request to the Architect for approval up to seven (7) days before receipt of bids. Verbal or written requests without the completed Substitution Request Form will not be considered. CERTIFICATION OF EQUAL PERFORMANCE AND ASSUMPTION OF LIABILITY FOR EQUAL PERFORMANCE The undersigned states that the function, appearance, and quality are equivalent or superior to the specified item. Submitted by: Signature Firm Address Telephone Email Date Signature shall be by person having authority to legally bind his firm to the above terms. Failure to provide legally binding signature will result in retraction of approval. Fill in Blanks Below: A. Does the substitution affect dimensions shown on Drawings? Yes No If yes, clearly indicate changes: B. Will the undersigned pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? Yes No If no, fully explain: Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 60 01 SUBSTITUTION REQUEST FORM Page 1 of 2 Page 138 of 220 C. What effect does substitution have on other Contracts or other trades? D. What effect does substitution have on construction schedule? E. Manufacturer's warranties of the proposed and specified items are: Same Different (Explain on Attachment) F. Reason for Request: G. Itemized comparison of specified item(s) with the proposed substitution. List significant variations: H. Accurate cost data comparing proposed substitution with product specified: Designation of maintenance services and sources: (ATTACH ADDITIONAL SHEETS IF REQUIRED) For Use by Design Professional: Recommended Recommended as Noted Not Recommended Received Too Late Signed By Date For Use by Owner's Representative or Owner: Approved Approved as Noted Not Approved Approved Too Late Signed By Date Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 60 01 SUBSTITUTION REQUEST FORM Page 2 of 2 Page 139 of 220 SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Pre -installation meetings. C. Cutting and patching. D. Cleaning and protection. E. Closeout procedures, including Contractor's Correction Punch List, except payment procedures. 1.02 RELATED REQUIREMENTS A. Section 01 10 00 - Summary: Limitations on working in existing building; continued occupancy; work sequence; identification of salvaged and relocated materials. B. Section 01 30 00 - Administrative Requirements: Submittals procedures, Electronic document submittal service. C. Section 01 40 00 - Quality Requirements: Testing and inspection procedures. D. Section 01 50 00 - Temporary Facilities and Controls: Temporary interior partitions. E. Section 01 78 00 - Closeout Submittals: Project record documents, operation and maintenance data, warranties . F. Section 02 41 00 - Demolition: Demolition of whole structures and parts thereof; site utility demolition. 1.03 REFERENCE STANDARDS A. NFPA 241 - Standard for Safeguarding Construction, Alteration, and Demolition Operations; 2013. 1.04 SUBMITTALS A. See Section 01 30 00 - Administrative Requirements, for submittal procedures. B. Project Record Documents: Accurately record actual locations of capped and active utilities. 1.05 COORDINATION A. See Section 01 10 00 for occupancy -related requirements. B. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. C. Notify affected utility companies and comply with their requirements. D. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. E. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on drawings. Follow routing indicated for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. F. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. G. Coordinate completion and clean-up of work of separate sections. H. After Owner occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of Owner's activities. PART2 PRODUCTS 2.01 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 01 60 00 - Product Requirements. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 1 of 4 Page 140 of 220 PART 3 EXECUTION 3.01 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over -ordering or misfabrication. E. Verify that utility services are available, of the correct characteristics, and in the correct locations. F. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work, assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.03 PREINSTALLATION MEETINGS A. When required in individual specification sections, convene a preinstallation meeting at the site prior to commencing work of the section. B. Require attendance of parties directly affecting, or affected by, work of the specific section. C. Notify Design Professional five days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Design Professional, Owner, participants, and those affected by decisions made. 3.04 GENERAL INSTALLATION REQUIREMENTS A. In addition to compliance with regulatory requirements, conduct construction operations in compliance with NFPA 241, including applicable recommendations in Appendix A. B. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement. C. Make vertical elements plumb and horizontal elements level, unless otherwise indicated. D. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. E. Make consistent texture on surfaces, with seamless transitions, unless otherwise indicated. F. Make neat transitions between different surfaces, maintaining texture and appearance. 3.05 CUTTING AND PATCHING A. Whenever possible, execute the work by methods that avoid cutting or patching. B. Perform whatever cutting and patching is necessary to: 1. Complete the work. 2. Fit products together to integrate with other work. 3. Provide openings for penetration of mechanical, electrical, and other services. 4. Match work that has been cut to adjacent work. 5. Repair areas adjacent to cuts to required condition. 6. Repair new work damaged by subsequent work. 7. Remove samples of installed work for testing when requested. 8. Remove and replace defective and non -complying work. C. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 2 of 4 Page 141 of 220 D. Employ skilled and experienced installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. E. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. F. Restore work with new products in accordance with requirements of Contract Documents. G. Fit work tightly to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. H. Patching: 1. Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. 2. Match color, texture, and appearance. 3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish. 3.06 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Collect and remove waste materials, debris, and trash/rubbish from site weekly and dispose off-site; do not burn or bury. 3.07 PROTECTION OF EXISTING AND INSTALLED WORK A. Protect installed work from damage by construction operations. B. Provide special protection where specified in individual specification sections. C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. D. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. E. Protect finished floors, stairs, and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. F. Protect work from spilled liquids. If work is exposed to spilled liquids, immediately remove protective coverings, dry out work, and replace protective coverings. G. Remove protective coverings when no longer needed; reuse or recycle coverings if possible. 3.08 FINAL CLEANING A. Execute final cleaning prior to Substantial Completion. 1. Clean areas to be occupied by Owner prior to final completion before Owner occupancy. B. Use cleaning materials that are nonhazardous. C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces. D. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. F. Replace filters of operating equipment. G. Remove waste, surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. H. Clean Owner -occupied areas of work. 3.09 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. 1. Provide copies to Design Professional and Owner. B. Accompany Contractor and/or Owner on preliminary inspection to determine items to be listed for completion or correction in the Contractor's Correction Punch List for Contractor's Notice of Substantial Completion. C. Notify Design Professional when work is considered ready for Design Professional's Substantial Completion inspection. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 3 of 4 Page 142 of 220 D. Submit written certification containing Contractor's Correction Punch List, that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for Design Professional's Substantial Completion inspection. E. Conduct Substantial Completion inspection and create Final Correction Punch List containing Design Professional's and Contractor's comprehensive list of items identified to be completed or corrected and submit to Design Professional. F. Correct items of work listed in Final Correction Punch List and comply with requirements for access to Owner -occupied areas. G. Notify Design Professional when work is considered finally complete and ready for Design Professional's Substantial Completion final inspection. H. Complete items of work determined by Design Professional listed in executed Certificate of Substantial Completion. END OF SECTION 01 70 00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 4 of 4 Page 143 of 220 SECTION 01 78 00 CLOSEOUT SUBMITTALS PART 1 GENERAL 1.01 SECTION INCLUDES A. Project Record Documents. B. Operation and Maintenance Data. C. Warranties and bonds. 1.02 RELATED REQUIREMENTS A. Section 01 30 00 - Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. B. Section 01 70 00 - Execution and Closeout Requirements: Contract closeout procedures. C. Individual Product Sections: Specific requirements for operation and maintenance data. D. Individual Product Sections: Warranties required for specific products or Work. 1.03 SUBMITTALS A. Project Record Documents: Submit documents to Design Professional after Substantial Completion but before final Application for Payment. B. Operation and Maintenance Data: 1. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. Design Professional will review draft and return one copy with comments. 2. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit completed documents within ten days after acceptance. 3. Submit one copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection, with Design Professional comments. Revise content of all document sets as required prior to final submission. 4. Submit two sets of revised final documents in final form within 10 days after final inspection. C. Warranties and Bonds: 1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. 2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by Owner. C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured depths of foundations in relation to finish first floor datum. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 78 00 CLOSEOUT SUBMITTALS 1 of 4 Page 144 of 220 2. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of the Work. 4. Field changes of dimension and detail. 5. Details not on original Contract drawings. 3.02 OPERATION AND MAINTENANCE DATA A. Source Data: For each product or system, list names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. D. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 3.03 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish: B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance. C. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. 3.04 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System: 1. Description of unit or system, and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number of replaceable parts. B. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. C. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut -down, and emergency instructions. Include summer, winter, and any special operating instructions. D. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and trouble shooting; disassembly, repair, and reassembly instructions; and alignment, adjusting, balancing, and checking instructions. E. Provide servicing and lubrication schedule, and list of lubricants required. F. Include manufacturer's printed operation and maintenance instructions. G. Include sequence of operation by controls manufacturer. H. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. I. Additional Requirements: As specified in individual product specification sections. 3.05 ASSEMBLY OF OPERATION AND MAINTENANCE MANUALS A. Assemble operation and maintenance data into durable manuals for Owner's personnel use, with data arranged in the same sequence as, and identified by, the specification sections. B. Binders: Commercial quality, 8-1/2 by 11 inch three D side ring binders with durable plastic covers; 2 inch maximum ring size. When multiple binders are used, correlate data into related consistent groupings. C. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents. D. Project Directory: Title and address of Project; names, addresses, and telephone numbers of Design Professional, Consultants, Contractor and subcontractors, with names of responsible parties. Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 78 00 CLOSEOUT SUBMITTALS 2 of 4 Page 145 of 220 E. Tables of Contents: List every item separated by a divider, using the same identification as on the divider tab; where multiple volumes are required, include all volumes Tables of Contents in each volume, with the current volume clearly identified. F. Dividers: Provide tabbed dividers for each separate product and system; identify the contents on the divider tab; immediately following the divider tab include a description of product and major component parts of equipment. 3.06 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Retain warranties and bonds until time specified for submittal. END OF SECTION 01 78 00 Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 78 00 CLOSEOUT SUBMITTALS 3 of 4 Page 146 of 220 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project City of Waterloo INVISION #18091 01 78 00 CLOSEOUT SUBMITTALS 4 of 4 Page 147 of 220 CITY OF WATERLOO RIVERFRONT STADIL PATIO SUITES WATERLOO, IOWA BID DOCUMENTS 11.2.2018 EXISTING DECKING BENCH SEATING & BRACKETS, ADJUST AS NOTED ON FLOOR PLAN RE -USED DECKING - ALL DIMENSIONS TO BE FIELD VERIFIED _An NEW 12X26 BEAM. CUT WIDE FLANGE MEMBER. WELD CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 29, 2018 and date of public hearing as December 3, 2018, for the FY 2019 Levee Tree Clearing Cedar River, Contract No. 968, and instruct the City Clerk to publish said notice. City Council Meeting: 11/13/2018 Prepared: 11/7/2018 REVIEWERS: D epartment .Engineering rk Office ATTACHMENTS: Description D (I rnt 968 NP 11 D Cont 968 I" 1 13 SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Reviewer Knutson, Jamie ie Even. p..e/�n:n Action Approved Approved. Type C7oveJr i\1enio Giver i\1enio Date pp/7/20118... 9: p AM 11 P7/20118 10:06 A Resolution approving preliminary plans, specifications, form of contract, etc., setting a date of bid opening as November 29, 2018 and date of public hearing as December 3, 2018, for the FY 2019 Levee Tree Clearing Cedar River, Contract No. 968, and instruct the City Clerk to publish said notice. Submitted By: Jamie Knutson, PE, Interim City Engineer Plans prepared by the City Engineer's Office. TBD GO Bonds Page 152 of 220 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2019 LEVEE TREE CLEARING CEDAR RIVER In the City of Waterloo, Iowa CONTRACT NO. 968 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 29th day of November, 2018 until 1:00 p.m. for the construction of the FY 2019 LEVEE TREE CLEARING CEDAR RIVER, CONTRACT NO. 968 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 29th day of November, 2018 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 3rd day of December, 2018, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 NOTICE OF HEARING McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 CONTRACT NO. 968 Page 1 gee 153 of 220 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK This project involves clearing trees and brush from the levees. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 1 2018. CITY OF WATERLOO, IOWA BY: NOTICE OF HEARING Kelley Felchle City Clerk CONTRACT NO. 968 Page 2 gee 154 of 220 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2019 LEVEE TREE CLEARING CEDAR RIVER In the City of Waterloo, Iowa CONTRACT NO. 968 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 29th day of November, 2018 until 1:00 p.m. for the construction of the FY 2019 LEVEE TREE CLEARING CEDAR RIVER, Contract No. 968, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 29th day of November, 2018, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above- described improvement project at 5:30 p.m. on December 3, 2018, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK This project involves clearing trees and brush from the levees. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed". All items shall be completed on or before: Completion Date for tree cutting activities March 31, 2019 Completion Date for seeding activities May 10, 2019 METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that NOTICE TO BIDDERS CONTRACT NO. 968 PageFgg 155 of 220 all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City of Waterloo Engineering Department, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the Engineering Department on the second floor of City Hall upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City_to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. NOTICE TO BIDDERS CONTRACT NO. 968 Paged 156 of 220 PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. NOTICE TO BIDDERS CONTRACT NO. 968 pageFclg 157 of 220 CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. NOTICE TO BIDDERS CONTRACT NO. 968 PageP158 of 220 RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. NOTICE TO BIDDERS CITY OF WATERLOO, IOWA CONTRACT NO. 968 Pagel:M9 159 of 220 CITY OF WATERLOO Council Communication Resolution setting the date of public hearing as November 26, 2018 to approve the request by the City of Waterloo to vacate an easement over a previously vacated alley located Northeast of 827 Commercial Street, and instruct the City Clerk to publish notice. City Council Meeting: 11/13/2018 Prepared: 11/6/2018 ATTACHMENTS: Description D S taff .tZeport- D (.)verview • Aerial linage • V...,ep;a Deseriprm:a• D Pictures D Application SUBJECT: Submitted by: Recommended Action: Type Coven' .Metn�.o (:oven" lVle.r"no C�nver Memo ver irViern.o (`over I\1.err o Cover MI.erno Resolution setting the date of public hearing as November 26, 2018 to approve the request by the City of Waterloo to vacate an easement over a previously vacated alley located Northeast of 827 Commercial Street, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to set the date of public hearing as November 26, 2018 for request by the City of Waterloo to vacate an easement over a previously vacated alley located Northeast of 827 Commercial Street. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The 6th Street trail is located on the southeast side of 6th Street and the Cedar Valley Lakes Trail is located along the Cedar River to the northeast of the vacate area. The area of the proposed vacate is zoned "C-3" Central Business District and has been zoned as such since the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Union Pacific Railroad and the Cedar River zoned "C-3" Central Business District. Page 160 of 220 Summary Statement: South — Commercial zoned "M-1" Light Manufacturing District. East — Commercial and the Cedar River zoned "C-3" Central Business District and "M-1" Light Manufacturing District. West — Commercial, Commercial Street, and the Union Pacific Railroad zoned "C-3" Central Business District. Buildings in the area were developed between 1917 and 1997. No buffers or additional screening is needed with this request. Vacation of the easement will not have an effect on drainage. The vacate area is located within Zone -X: Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Lowell Elementary is located 0.63 miles to the southeast, George Washington Carver Middle School is located 2.11 miles to the north, and East High School is located 0.83 miles to the northeast. There are no known utilities located in the easement. The Future Land Use Map designates the property as Commercial. The City of Waterloo is requesting to vacate an easement that was created when an alley was vacated on June 8, 1992 between 6th Streets and 7th Streets north of Commercial Street. There is no apparent reason why an easement was created at the time as the staff report makes no mention of needing to retain the easement. This action will vacate an easement that was created in error. At their November 6, 2018 meeting the Planning, Programming, and Zoning Commission voted 5-0 to recommend approval of the vacate. There is no platting required for this request. Therefore, staff recommends that the request to vacate the easement be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. There appears to be no need for the easement. Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate an easement over a previously vacated alley. Alternative: N/A Background Information: N/A Page 161 of 220 Legal Descriptions: The 20 foot easement over the vacated alley southwesterly of and adjacent to Fractional Block 7, Original Plat of Waterloo on the west side of the Cedar River in the even width from the southeasterly line of West Sixth Street to the northwesterly line of West Seventh Street, all in the City of Waterloo, Black Hawk County, Iowa. Page 162 of 220 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: November 6, 2018 Request by the City of Waterloo to vacate an easement over a previously vacated alley located Northeast of 827 Commercial Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 The applicant is requesting to vacate an easement that was created when a former alley was vacated on June 8, 1992 The request would not appear to have a negative impact on the surrounding neighborhood or land use. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. TRAFFIC CONDITIONS: RELATIONSHIP TO The 6th Street trail is located on the southeast side of 6th Street and RECREATIONAL the Cedar Valley Lakes Trail is located along the Cedar River to the TRAIL PLAN AND northeast of the vacate area. COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed vacate is zoned "C-3" Central Business FOR SITE AND District and has been zoned as such since the adoption of the IMMEDIATE VICINITY: zoning ordinance in 1969. Surrounding land uses and their zoning designations are as follows: North — Union Pacific Railroad and the Cedar River zoned "C-3" Central Business District. South — Commercial zoned "M-1" Light Manufacturing District. East — Commercial and the Cedar River zoned "C-3" Central Business District and "M-1" Light Manufacturing District. West — Commercial, Commercial Street, and the Union Pacific Railroad zoned "C-3" Central Business District. DEVELOPMENT Buildings in the area were developed between 1917 and 1997. HISTORY: BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the easement will not have an effect on drainage. FLOODPLAIN: The vacate area is located within Zone -X: Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN Lowell Elementary is located 0.63 miles to the southeast, George SPACES/ SCHOOLS: Washington Carver Middle School is located 2.11 miles to the Vacate Easement north of Commercial between 61h and 7th PgdEci6fS of 220 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: November 6, 2018 north, and East High School is located 0.83 miles to the northeast. There are no known utilities located in the easement. The Future Land Use Map designates the property as Commercial. The City of Waterloo is requesting to vacate an easement that was created when an alley was vacated on June 8, 1992 between the Union Pacific Railroad and 7th Streets north of Commercial Street. There is no apparent reason why an easement was created at the time as the staff report makes no mention of needing to retain the easement. This action will vacate an easement that was created in error. There is no platting required for this request. Therefore, staff recommends that the request to vacate the easement be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. There appears to be no need for the easement. Vacate Easement north of Commercial between 61h and 7th PgdEP i 8fL of 220 City of Waterloo Planning, Programming and Zoning Commission November 6, 2018 M-2 R -4,R -P/ 1R=4;C-Z ;ALMOND ST Tir2"7-R-3 IR3 '- R23' MERRIMAN ST ca - m M-1 R-2 z LIME ST— M -2,P :W2 44. M-2 1 s>, ; (<;.h)s N 0 11it R -3,R -P % C-2 711 • CfZ M-2 VINE S▪ T' /may MAPLE S ER • MARTIP?,i U?N R-3 GLENWOOD ST– SMITH ST INDEPENDENCE AVE z—z-CO UR TLAND ST– FOWLER ST R-3 RA2 m t® C-2 zgFAyFT~ M-2 r- SyCAMO RF / sr M-1 R-4, t); CMZ Lu R-3 0 0 z 0 2 z LEAVITT ST1 WILLISTON AVE R-2, C -Z BERTCH AVE 1FOREST AVE I R-2 C- R-2 HO 1- 0) p BERTCH AVE W I O p FOREST AVE -O � I I C-2_ O z NE of 827 Commercial Easement Vacate City of Waterloo Page 165 of 220 City of Waterloo Planning, Programming and Zoning Commission November 6, 2018 "I,'IIIYh'°�IIIIIIIIIIIIIIIII Illlii",'IiIdVI��lIl)IyhI�I w�II ,„lIV �hl� ul,B,I'II�u'"iiHt'IlIIl�llIJlIju/I 6fllhllI llIllollII�llfi��I, IlIllCIfl(IIlllIpil1I'Yl�I(llINll^IillIiIllIIlIIlI ll�l'lpIlIlaIlljlIIIIIlIl(flIIIll�lIIIlII IlIIIlfI�rllIlIuIl� fII ulVVlll lIlII���lVl�lllIllIIlI "I^I""liOI�Iu uu„l uuuu ulul I �l"nll�llllllllllllliiiiiiliilll��lIII ll i iiuill ul (111((«!,(1(,(,(((i1111111l, lillI!'Iu!IlllIIl hI l„., III Imuuuiiiiiiu11110 1 'IlI1,9iliIlllllylllllllllllll11,'Illllll1 11,111111111 111111 11P111"1/1111 IyI1IIII,., ililllI'dir1IPIIIIPIIIIIIIIIIIIlq)IIlpIlllIb Ill 1111,1,1 I,l1I1 llllllllIlllll,dlNv�11111lllllllll� ., ,f rd ,,t!IIIIIIIIIIIIIII�III�I(IIII,� I'1,111!) 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Page 167 of 220 Vacate —NE of 827 Commercial Looking past the Union Pacific/Iowa Northern Railroad tracks toward the vacate area. 111111111111111111111111111111111111111111011111010 111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111110 1111111111111111111111111111111111111111 111111111111111111111111111 11 11111111 '1111 Looking north from 7th Street at the area to be vacated. Page 168 of 220 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 pOffer to Vacate and Purchase City Right -of -Way Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Applicant: CCI UPF14,161,Wddress: 6V1,4601-1 Smi Phone No.: 3/9 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation - One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation - Seventy Five Dollar ($75.00) Filing Fee • Encroachment- One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated - No Fee • Any request not meeting the Sale of Property Policy - One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: Utile offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price - Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council, Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provid94 site p 'iridio aerial photo of the area to be vacated if the request involves , additional n as th�easkn for he request. (' /, /0, 21-1, Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 169 of 220 CITY OF WATERLOO Council Communication Recommendation of appointment of Cooper Siddell, from the Civil Service list, to the position of Equipment Operator I, in the Street Department, effective December 3, 2018. City Council Meeting: 11/13/2018 Prepared: 12/3/2018 REVIEWERS: Department Reviewer Action Date Traffic (➢puati s b Nancy Approved 11/7/2018 ... ii: 1) AM ATTACHMENTS: Description Type D job Description Ed a.a:i:prrr sent Op c. for 1 (:`over Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Recommendation of appointment of Cooper Siddell, from the Civil Service list, to the position of Equipment Operator I, in the Street Depaitiiient, effective December 3, 2018. Submitted By: Sandie Greco, Interim Public Works Director Approve Appointment This position has been vacant since the promotion of an Equipment Operator I to an Equipment Operator II position. This position is budgeted and required to support Street Department operations. $53,496.14 - Salary $77,334.94 - Salary with Benefits Source of Funds: Road Use Tax (RUT) Policy Issue: Background Information: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. This appointment is a replacement for a promoted Equipment Operator I to the Equipment Operator II position. Page 170 of 220 Submit resume by going to www.cityofwaterlooiowa.com, clicking on Job Vacancies, reviewing the Equipment Operator I description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, September 28, 2018. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION EQUIPMENT OPERATOR I DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT PUBLIC WORKS - STREET $24.72 beginning rate with $1.00 increase after 6 -month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #1177 GENERAL STATEMENT OF DUTIES Performs semi -skilled construction, street maintenance and labor functions such as pot hole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Operations Supervisor and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Performs routine street repairs such as pot hole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 2. Assists in preparation for winter by erecting snow fence, putting chains on tires and plows on trucks. 3. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies up to sixteen hours a day. 4. Participates in special service programs such as emergency storm damage clean up. 5. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 5. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 6. Washes vehicles, changes tires, repairs, cleans up and paints City buildings and assists mechanics as needed. 7. Works in busy traffic areas, operating street maintenance vehicle or on foot. 8. Performs street maintenance and repairs in trenches and on uneven ground. 9. Operates heavy duty and rough -riding vehicles and equipment. 10. Lifts and carries items weighing up to one hundred pounds with assistance as needed. Page 171 of 220 11. Works outside in all weather conditions; works near moving vehicles and equipment and around mechanical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and traffic fumes; visibility might be poor. 12. Performs work of a repetitive nature and varied workload pace. 13. Works independently and with others with minimum supervision. 14. Attends work regularly at the designated place and time. 15. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Street Department safety rules and regulations. 16. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic and safety rules. 2. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to safely operate a dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power tools. 5. Ability to work alone when operating snow removal equipment. 6. Ability to complete daily work sheets. 7. Ability to complete assigned work projects without direct supervision. 8. Ability to respond to questions and comments from the general public tactfully and politely. 9. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year related street construction experience in all types of weather conditions and knowledge of the use of a wide variety of hand tools found in street construction and maintenance work OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 3. Iowa Class A or B Commercial Driver's License by equipment testing date and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation include habitual violator within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may Page 172 of 220 be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation including habitual violator within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; a combination of three or more at -fault within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hard hat. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within ten -mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 3. Must submit to Department of Transportation requirements including pre-employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 5. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 6. Must submit to and pass Civil Service examination procedures, including equipment test and panel interview. WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m. -11:00 p.m. or 11:00 p.m. -7:00 a.m. Will generally work Monday through Friday with twenty - minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays. There may be significant overtime during severe snow emergencies or flooding. Employees hired in this job classification may be cross -utilized in other City departments in emergency and non -emergency situations as determined by the workload. Consequently, hours of work, including starting and ending times, work schedule, rest periods, work duties etc. will vary depending on the department to which the employee is assigned. Page 173 of 220 EXAMINATION INFORMATION EQUIPMENT EXAMINATION Those applicants who meet the minimum qualifications and who have a good driving record based on City of Waterloo driver performance criteria will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. This will be a pass/fail test. City of Waterloo regular employees who presently hold a Class A or B Commercial Driver's License as a requirement for their job will not be required to participate in the equipment examination. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination, will be the individuals placed on the certified lists. Applicants who qualify as outlined and who are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Iowa Code and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service - connected disability. Employment is contingent on passing a post job offer physical examination including a drug test. Failure to pass the physical or drug test will result in withdrawal of the employment offer. TESTING DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. EQUIPMENT OPERATOR 1 DESCRIPTION 18 September 2018 Page 174 of 220 CITY OF WATERLOO Council Communication Recommendation of appointment of Justin Quint, from the Civil Service list, to the position of Equipment Operator II, in the Street Department, December 3, 2018. City Council Meeting: 11/13/2018 Prepared: 11/7/2018 REVIEWERS: Department Reviewer Action Date Traffic t➢puati s -)y,Nancy Approved 11/1/20p8 ... ii: 12 AM ATTACHMENTS: Description Type D job Description pa,ata.a:i:prrruaent Operrd ons li_ Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Recommendation of appointment of Justin Quint, from the Civil Service list, to the position of Equipment Operator II, in the Street Depaitiiient, December 3, 2018. Submitted By: Sandie Greco, Interim Public Works Director Approve Appointment This position has been vacant since the appointment of a Street Department Foreman in February 2018, who held the position of Equipment Operator II. This position is budgeted and required to support street department operations. $55,680.00 - Salary $79,519.00 - Salary with Benefits Source of Funds: Road Use Tax (RUT) Policy Issue: Background Information: Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. This appointment is a replacement for a promoted Equipment Operator II to the Foreman position. Page 175 of 220 Submit resume by going to www.cityofwaterlooiowa.com clicking on Job Vacancies, reviewing the Equipment Operator II description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday, August 17, 2018. CITY OF WATERLOO, IOWA CIVIL SERVICE NOTICE OPEN EXAMINATION EQUIPMENT OPERATOR II PUBLIC WORKS - STREET DEPARTMENT This may be an 11:00 p.m. — 7:00 a.m. shift after training is completed DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT STREET $25.77 per hour with $1.00 increase after 6 -month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs skilled construction and street maintenance involving the safe operation of mixer, pulverizer/mixer, mechanical sweeper, end loader, grader, roller track excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck and salt/sand truck and Equipment Operator I functions such as pothole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and plowing snow. The work is performed under the general direction of the Operations Supervisor and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Operates mixer, pulverizer/mixer, mechanical sweeper, end loader, grader, roller, track excavator and wheeled backhoe and Equipment Operator I equipment such as snowplow, dump truck and salt/sand truck. 2. Performs routine street repairs such as pothole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 3. Assists in preparation for winter by erecting snow fence, putting chains on tires and plows on trucks. 4. Assists in loading, hauling and plowing snow and operating sand/salt trucks during snow emergencies. 5. Participates in special service programs such as emergency storm damage clean up. 6. Assists in projects such as cleaning, mowing and maintenance of property. 6. Fills and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 7. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 8. Washes vehicles, changes tires, repairs, cleans and paints City buildings and assists mechanics and welder as needed. 9. Works in busy traffic areas, operating street maintenance equipment or on foot. 10. Performs street maintenance and repairs in trenches and on uneven ground. 11. Performs work of a repetitive nature and varied workload pace. Page 176 of 220 12. Works independently and with others with minimum supervision. 13. Attends work regularly at the designated place and time. 14. Works outside in all weather conditions; works near moving vehicles and equipment; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and fumes from traffic. 15. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City and Public Works safety rules and regulations. 16. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic and safety rules. 2. Ability to safely operate specified equipment as well as dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power and hand tools used in street construction and maintenance work. 3. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic areas or extreme weather conditions. 4. Ability to learn the City street layout. 5. Ability to read street signs, chemical hazard labels and written directions of supervisors. 6. Ability to work alone when operating snow removal equipment. 7. Ability to complete daily work sheets. 8. Ability to complete assigned work projects without direct supervision. 9. Ability to respond to questions and comments from the public tactfully and politely. 10. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school diploma/GED. 2. Minimum two years of related street construction experience in all types of weather conditions. Experience must be verifiable. OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Valid Class A or B Commercial Driver's License and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; four or more citations for moving violations within the previous three- year period, excluding speeding violations of ten mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; two or more at - fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient stamina, both physical and mental, to work double shifts during snow emergencies. Page 177 of 220 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient dexterity to safely operate powered and manual street maintenance tools; sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 5. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. MISCELLANEOUS 1 Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gloves and hardhat. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (must live within 10 -mile radius of Waterloo City Hall within period as determined by department head). Must maintain a local telephone number where can be contacted quickly. 3. Must submit to Department of Transportation requirements including pre-employment, post- accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Must submit to and pass Civil Service examination procedures including an equipment test involving Street Department vehicles and equipment operated in this classification and a panel interview. WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m. -11:00 p.m. or 11:00 p.m. -7:00 a.m. Will generally work Monday through Friday with twenty - minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays generally caused by weather. There may be significant overtime during severe snow emergencies or flooding. EXAMINATION INFORMATION EQUIPMENT EXAMINATION All qualified applicants who apply by the deadline date will be required to participate in an equipment examination that will test skills in operating equipment used in this job classification. An applicant must receive a minimum of 80 out of 100 points to achieve a passing score on the equipment examination. The equipment examination will count 60% of the overall test score. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An applicant must receive a minimum average score of 60 points out of 100 to achieve a passing score on the oral examination. The oral examination will count 40% of the overall test score. The top applicants, as ranked by their scores as determined by combining 60% of the equipment examination score with 40% of the oral examination score will be the individuals placed on the certified lists. Appointment is contingent on passing a physical examination including a drug test and possession of a good driving record based on the City of Waterloo driver performance criteria. Applicants who qualify as outlined and who are full time regular employees of the City of Waterloo will have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. TESTING DATE All qualified applicants who apply by the deadline date will be notified of the time, place and date of the examinations. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. EQUIPMENT OPERATOR 11 OPEN DESCRIPTION 18 July 2018 Page 178 of 220 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for West Side Liquor, 919 W. 5th Street. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date t.' ➢¢snit_ Office 1p'gbY, Nan- Approved U/7/2018- :;) AM SUBJECT: Cigarette/Tobacco Permit New Application for West Side Liquor, 919 W. 5th Street. Page 179 of 220 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Smokers Choice, 1010 E. Mitchell. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer Action D ate t.'k nk Office 1p'gby, Nan�'�y Approved U/1/2018 ... :;) AM SUBJECT: Cigarette/Tobacco Permit New Application for Smokers Choice, 1010 E. Mitchell. Page 180 of 220 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Independence Liquor and Food Store, 1761 Independence. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer Action D ate t.➢¢snit_ Office 1p'gbY, N ani'i Approved ii/7/2048... :3 AM SUBJECT: Cigarette/Tobacco Permit New Application for Independence Liquor & Food Store, 1761 Independence. Page 181 of 220 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date 1^ c:p uaneeli IIfl ? i nr.D;hy; Nan a:y Approved 11/7/2( ATTACHMENTS: Description ❑ i::i& n:13 tor couar wap pV 13.18 SUBJECT: Bonds. Type Backup Ma a e iia p :47 A..M.. Page 182 of 220 BONDS FOR COUNCIL APPROVAL November 13, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA656212 WIESER BROTHERS GENERAL CONTRACTORS, INC. LA CRESCENT, MN Page 183 of 220 RIGHT OF WAY CONSTRUCTION BOND No. IA 656212 Applicant's Telephone Number: 507-895-8903 KNOW ALL MEN BY THESE PRESENTS: That (1), (We), Wieser Brothers General Contractors, Inc. of 200 Twilite St Street as Principal, and Merchants Bonding Company La Crescent MN 55947 City State 6700 Westown Pkwy, West Des Moines, IA 50266 as Surety, are held and firmly bound unto the City of Waterloo, Black Hawk County, Iowa, in the penal sum of FIFTEEN THOUSAND DOLLARS ($15,000.00) lawful money of the United States of America, to the payment of which sum, well and truly to be made, the Principal herein firmly binds (himself) (herself) (themselves) their heirs, executors and administrators, and the said Surety binds themselves, their successors, assigns, executors and administrators, jointly and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATION ARE SUCH that, by the provisions of the Ordinances of the City of Waterloo, Iowa, a Surety Bond in the sum of Fifteen Thousand Dollars ($15,000.00) must be filed with the City Clerk/Auditor of the City of Waterloo, Iowa, before one may engage in construction, reconstruction or excavation in the public right of way in said City. NOW, THEREFORE, if the above bounden Wieser Brothers General Contractors, Inc.of 200 Twilite St, La Crescent, MN 55947 will faithfully perform any and all duties and abide by any and all regulations required by said Ordinances regulating the construction, reconstruction and excavation projects within said City; and if (he), (she), (they) will promptly pay to said City any and all sums and amounts due or that may become due or owing by reason of or under said Ordinances; and if (he), (she), (they) will pay all fines imposed upon (him), (her), (them), or a violation of said Ordinances occurring during the life of this bond; and if (he), (she), (they) will indemnify and keep the City harmless from all liability for any accident and/or damages arising from (his), (her), (their) doing, protecting or completing the work, then this obligation to be null and void, otherwise to remain in full force and effect. The effective date of this Bond is May 1, 2018 , through April 30, 20 19 Witness our hands this 1st day of November , 2018 Wieser Brothers General Contractors, Inc. PLEASE MAIL TO: City of Waterloo, Iowa Engineering Department 715 Mulberry Street Waterloo, IA 50703 Printed Name: Merchants Bonding Company SURET / By: /Qc-c-c, Connie Smith, Attorney -in -Fact MERCHANTS BONDING COMPANY,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Chris Steinagel; Christopher M Kemp; Connie Smith; Kory Mortel; Michael J Douglas; Robert Downey their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and contracts and other written instruments in the nature thereof, on behalf of the Companies in of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 9th day of August , 2018 ,••'t10Nq '••. acknowledge any and all bonds, undertakings, their business of guaranteeing the fidelity undertakings required or permitted in any of the following By -Laws adopted by the Board 2015 and adopted by the Board of Directors ,'' . otP O4,4%.,c, <6+•.,•: co . d2� - 0 - ZC O :F. •►-. .. o c,.....• 0 . 2003 ; 4, . y 1933 •• e; By d4•. •,.. s ' ..y. .dr:' •.'•.�(/ ........ " •'�.•'• ••.''n • `�.' President STATE OF IOWA •. .•"' ....... •. ' COUNTY OF DALLAS ss. On this this 9th day of August 2018 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. •�,•wOR 9•p'9y •v,` cam; • • MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. AUCIA K. GRAM Commission Number 767430 My Commission Expires Apfil 1, 2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this .`''�p,� 1 O Ng � . *,ANG Ca..... 4 •• •• o: 3• • y, 1 �r33 ; e: v• 2003 2''••� POA 0018 (3/17) • day of Secretary CITY OF WATERLOO Council Communication Resolution supporting the application by Black Hawk Contracting and Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, 3 located on lots 1, 2, and 6 of Hillside Addition and one located on lot 1 of Williston Field Addition , with a local match of the Consolidated Urban Revitalization Area (CURA) tax abatement for each property. City Council Meeting: 11/13/2018 Prepared: 11/8/2018 REVIEWERS: Department Planning & Zoning Reviewer i ellehle, Kelley ATTACHMENTS: Description Map of credit OQvcation.s SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Type Backup Material Date 11 11/9/2.(88 2:511 P MI Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, 3 located on lots 1, 2, & 6 of Hillside Addition and one located on lot 1 of Williston Field Addition , with a local match of the Consolidated Urban Revitalization Area (CURA) tax abatement for each property. Submitted By: Noel Anderson, Community Planning & Development Director Approval of a Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program. The Iowa Workforce Housing Tax Incentives Program is a new tax credit program that is effective January 28, 2015. The program is similar to the Enterprise Zone program that was dissolved by the State of Iowa on June 30, 2014. N/A N/A Economic Development N/A The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock Page 184 of 220 Background Information: Legal Descriptions: • Upper story project • New construction in a community with demonstrated workforce housing needs • The developer must build or rehabilitate at least four single-family homes or at least one multi -family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction or $250,000 per unit for historic rehabilitation. • Total program benefits are limited to a maximum of $1 million per recipient. • The housing project must be completed within three years of award. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Along with the requirements listed above the developer must have documentation of local matching funds pledges for the housing project in an amount equal to at least $1,000 per dwelling unit. These funds may be in the form of a tax exemption program such as the CURA and CLURA. The four homes are located on Madison Street and Monroe Street which are located within the CURA. Williston Field Lot No 1 Hillside Addition Lot No 1 Hillside Addition Lot No 2 Hillside Addition Lot No 6 Page 185 of 220 Ullr 1111;, muhmc I tun Hillside Addition AKA Madison/Monroe (1 current credit) East 7th Street/ Lafayette (2 Current credits) Aiwa { Hillside Addition AKA Madison/Monroe (3 proposed credits) 111101.11141111 111111:114._ 7L U� •Vie Xis Ai viii,,r 1111��rrrrrrrrrrrrrrd�.[ illrill":511.1.01.°11210111"=2*, jai �i'r w .. �r" ... 4 380 moms A Jill lilt', MUI tir,lii„.FLEipik �u C1tij of Waterloo, Iowa Note. Base map data source Black Hawk County. represent This map does not represent a survey, not tilry s assumed( the accuracy of the data delineated h n wther expressed or aged by Black Hawk County, the Black Hawk C y Assessor, oriher employees The City fW do makes to warranty, express or Impf d, as to Om accuracy of the Infonnator shown on [his map, and expressly disclaims labliry for the accuracy thereof. users show refer to official getssurveys, recorded deeds, etc. located at the Black Hawk County Assessors Office for complete and accurate Information. A f�� _ I enoo - 17-WHTIP-045 Current Credits Proposed New Credit Locations Page 186 of 220 CITY OF WATERLOO Council Communication Resolution supporting the application by Black Hawk Contracting and Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, located on Lots 2, 3, 4 and 5 of Williston Field Addition, with a local match of the Consolidated Urban Revitalization Area (CURA) tax abatement for each property. City Council Meeting: 11/13/2018 Prepared: 11/8/2018 REVIEWERS: Department Planning & Zoning Reviewer i ellci e, Kelley ATTACHMENTS: Description Map of creditk: caa u�anns SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Type Backup Material Date II/9/2,01 2:5'. Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, located on Lots 2, 3, 4 & 5 of Williston Field Addition, with a local match of the Consolidated Urban Revitalization Area (CURA) tax abatement for each property. Submitted By: Noel Anderson, Community Planning & Development Director Approval of a Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program. The Iowa Workforce Housing Tax Incentives Program is a new tax credit program that is effective January 28, 2015. The program is similar to the Enterprise Zone program that was dissolved by the State of Iowa on June 30, 2014. N/A N/A Economic Development N/A The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock • Upper story project Page 187 of 220 Background Information: Legal Descriptions: • New construction in a community with demonstrated workforce housing needs • The developer must build or rehabilitate at least four single-family homes or at least one multi -family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction or $250,000 per unit for historic rehabilitation. • Total program benefits are limited to a maximum of $1 million per recipient. • The housing project must be completed within three years of award. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Along with the requirements listed above the developer must have documentation of local matching funds pledges for the housing project in an amount equal to at least $1,000 per dwelling unit. These funds may be in the form of a tax exemption program such as the CURA and CLURA. The four homes are located on Madison Street and Monroe Street which are located within the CURA. Williston Field Addition Lot 2 Williston Field Addition Lot 3 Williston Field Addition Lot 4 Williston Field Addition Lot 5 Page 188 of 220 PIIlkI111111 01111111 —111111167111L- 11 Noe k sail NE. doniiii :,..„....c.........invir:iLztv ::;..u.........11.4... 1,........ Wr.6 Hillside Addition AKA Madison/Monroe ' r 1111111111111111111111111111111111 si iiiii...!"..........0:11.(4-34.1:311,1:4„ed Ili ***,.:,*4***".4,-,,,,,,,,,,,,(111111r.L1 'jil"'"kl----%1ilt'll:1'111:115.*jih6h--„,ietg.,.:s'ri,:::*41•74,7:::*Ivo,1:4::,%ii.:*Eitz,,..;....-\.,,t*)4...ii i Ail5 4,04,111 mon Williston Field (4 credits) 3witlair 80 441111filliiirittiraVir7IM 1111 1111V111111111110 MI lel Al All kl Alto glIA Ire, • Nu No C1tig of Waterloo, Iowa Note - Base mapos BlackHawk County. This map does not p y f [ilry d for the accuracy fthe data delineated h wther expressedordby Black Hk County, the Black Hawk C Assessor, M1 employees. The Cry ofW A k yexpress Implied, as to accuracy of the Information shown on [Ns map, and expressly disclaims labliry for the accuracy thereof. Users should refer to offialel getssurveys, recorded deeds, ego. located at the Black Hawk County Assessors Office for complete and accurate Information. 17-WHTIP-007 Current Credits Proposed New Credit Locations Page 189 of 220 CITY OF WATERLOO Council Communication Resolution supporting the application by Black Hawk Contracting and Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, three homes located on Lots 2, 3 and 4 of Baltimore Field 1st Addition and one on Lot 2 of Crossroads Estates Replat No 5, with a local match of the City Limits Urban Revitalization Area (CLURA) tax abatement for each property. City Council Meeting: 11/13/2018 Prepared: 11/8/2018 REVIEWERS: Department P laming & Zoning Reviewer 1 &1i e, Kelley ATTACHMENTS: Description Map of credit 1Qvasnations SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approvelf Type 1::3ackup Mater a1 Date 1.1/9/2011 . 2:53 Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program to construct four new single family homes, three homes located on Lots 2, 3 & 4 of Baltimore Field 1st Addition and one on Lot 2 of Crossroads Estates Replat No 5, with a local match of the City Limits Urban Revitalization Area (CLURA) tax abatement for each property. Submitted By: Noel Anderson, Community Planning & Development Director Approval of a Resolution supporting the application by Black Hawk Contracting & Development Co. for the Iowa Workforce Housing Tax Incentives Program. The Iowa Workforce Housing Tax Incentives Program is a new tax credit program that is effective January 28, 2015. The program is similar to the Enterprise Zone program that was dissolved by the State of Iowa on June 30, 2014. N/A N/A Economic Development N/A The requirements for the Iowa Workforce Housing Incentives Program includes: Projects must meet one of four criteria: • Located on a grayfield or brownfield site • Repair or rehabilitation of dilapidated housing stock Page 190 of 220 Background Information: Legal Descriptions: • Upper story project • New construction in a community with demonstrated workforce housing needs • The developer must build or rehabilitate at least four single-family homes or at least one multi -family building containing three or more units or at least two upper story units. • Total project costs may not exceed $200,000 per unit for new construction or $250,000 per unit for historic rehabilitation. • Total program benefits are limited to a maximum of $1 million per recipient. • The housing project must be completed within three years of award. • IEDA must approve the developer's application for Workforce Housing Tax Credit prior to project initiation. Along with the requirements listed above the developer must have documentation of local matching funds pledges for the housing project in an amount equal to at least $1,000 per dwelling unit. These funds may be in the form of a tax exemption program such as the CURA and CLURA. The four homes are located on Madison Street and Monroe Street which are located within the CURA. Lot 2 of Baltimore Field 1st Addition Lot 3 of Baltimore Field 1st Addition Lot 4 of Baltimore Field 1st Addition Lot 2 of Crossroads Estates Replat No 5. Page 191 of 220 11111 -1016,11L - 1111111111IIIIIIIIIIIII Millall 1111111 miimill mum 1111111111111111111111111111o. Boo 1111111111441 '11111111111 4411 NI „` ION MOO U ON IN MO IF" 11.42141" MUM 11011111111010111 Mill 11011111.1111 IN III NOW C1tij of Waterloo, Iowa Note - Base mapos BlackHawk County. This map does not p y f [ilry df accuracy f thdatadelineatedh etM1 D ddor Implied by Black Hk County, the Black Hawk C Assessor, M1 employees. The Cry ofW A k yexpress Implied, as to accuracy of the Information shown on [Ns map, and expressly disclaims labliry for the accuracy thereof. Users should refer to offialel getssurveys, recorded deeds, ego. located at the Black Hawk County Assessors Office for complete and accurate Information. 16-WHTIP-002 Current Credits Proposed New Credit Locations Page 192 of 220 CITY OF WATERLOO Council Communication Resolution approving a Temporary Easement Agreement with Root Properties, LLC in the amount of $573.04, located at 4015 University Avenue, in conjunction with the University Avenue reconstruction Phase II project. City Council Meeting: 11/13/2018 Prepared: 11/6/2018 REVIEWERS: Department .1> lanning &. Zona Clerk: Office ATTACHMENTS: Description aio e :Easement pDarcell. 401 ` University Ave Reviewer Schroeder, Aric SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Te LeAno Action A pproved A pp roved Type 16 ties I ertal Date ii/6/708...12:2, E:a1p ii/7/20p8 11 AM Resolution approving a Temporary Easement Agreement with Root Properties, LLC in the amount of S573.04, located at 4015 University Avenue, in conjunction with the University Avenue reconstruction Phase II project. Submitted By: Aric Schroeder, City Planner Approval The City of Waterloo is preparing to reconstruct the second phase of University Avenue, which involves the need for approximately 20 temporary easements, one permanent easement, and one fee title acquisition needed to complete the project. The offer price was based on 120% on the assessed value of the property, multiplied by 10% for temporary easements because they are only a temporary (during construction). This transmittal includes 1 temporary easement where the owners have agreed to grant the temporary easement. The easement areas will be returned to the state they were in prior to construction. Staff continues negotiations with remaining property owners where acquisitions are needed for the project. $573.04 Transfer of Jurisdiction funds from the State of Iowa Acquisition for street reconstruction N/A Page 193 of 220 Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366 TEMPORARY EASEMENT AGREEMENT For consideration to be paid promptly following the full execution of this Agreement, the undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached Exhibit in conjunction with improvements related to the University Avenue Reconstruction Project Phase 2, Parcel 106, together with a right of ingress and egress thereon, and subject to the City of Waterloo and City of Waterloo's contractor completing all work within said temporary easement area within twelve (12) weeks from when. the City of Waterloo ro City of Waterloo's contractor begin any disruption activities within said temporary easement area. Distruption shall include, but not be limited to, any removal of existing surface areas, grading, or any obstruction of the area, but shall not include disruption activities on adjacent property not part of said temporary easement arca. The easement term may be extended upon written notice from the City to the undersigned following the occurrence of an act of God, war, civil disturbance, court order, labor dispute, tire, heavy rains, or other cause beyond the reasonable control of the City. Said notice shall recite the cause for delay, and the period of extension shall be substantially equal to the period during which work activities cannot be conducted. For Root Prop By: Its: State of WM* 1_,LC County ) ss. 637— VerY Acknowledged before me on as 41) [Seal] JASMINA KUDUZOVIC COMMISSION NO. 787153 MY COMMISSION EXPIRES DECEMBER 18, 2020 for Root Properties TLC. /Notary Public Page 194 of 220 0„ c P. 0 o „). 0 ks„ rr Y.5)„ CD 01 (.11 C (‘J (NJ 1/) C,1 ummokimilEIDEN 4III1111,1L 111111111111111111116111111111111111111111111[111111[1111111111111tillrlivrn 11111111111'111111111 11111111111111111111111111111111tilimut11111 1111111111111111111 ilaliy,!p,mn,um....mououp,, i,1,1,1:1,1,11,11,11,11,11111111 J1),1111jio,1,1,1,1,1,1,1,1,1,,,,,,111111111111111111,11,1,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,Im11111,1111141111!111111111,1111111111111111111111111111111,11,1111111111111111111111111111111111111II:1111,111111111•01ffmffi t/,eo.7wrnF,=:mllIll 111100111111111111111V 111111111111111111111111111i 1111 I ,„ 0000000000iiii0M0 000000 , '"111111111Xiiii111111111°11,11 IIIII000000000000 01111111111111111i , , 1'11111111'1'1'1111 1)11h001011 0001101001 hih'hh''' 101T litutututut. tot00000000000t tilltuttotk ROOT PROPERTIES TEMPORARY EASEMENT 1,010 SF, tittitotttodottot 11 . (1111111ot 0(11,1 1,11VW1h[ h0;;F. muti 101,11,1)1 ihhhi 1111111111111111111111114 '911111111111111111111111 , 1111111111111111111N110 hohot911,1,hoo loh --I EZEIE=9 LEGEND R I GHT-OF-WAY LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERM. UTILITY EASEMENT TEMPORARY EASEMENT 111111111 PARCEL 106 PHASE 2 Figure 7 Temporary Easement ROOT PROPERTIES LLC University Avenue Reconstruction Feb„ 2018 Iowa Division — Waterloo, Iowa 052899 . • • CITY OF WATERLOO Council Communication Resolution approving use of revenue earned from the Automated Traffic Enforcement Cameras Program in FY2020 and each budget year hereafter, by designating use of said revenue for property tax relief and hiring additional Police Department personnel, and rescinding Resolution No. 2017-684. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer i�andnca. t epan:'trnent p &Me,ell y ATTACHMENTS: Description D R esopu.atiOru as D 1[ t.eavaaNo. 7-684 SUBJECT: Action Date Approved 1 /7/2(118... ii:30 AJ\I Type Resolution approving use of revenue earned from the Automated Traffic Enforcement Cameras Program in FY2020 and each budget year hereafter, by designating use of said revenue for property tax relief and hiring additional Police Depatintent personnel, and rescinding Resolution No. 2017-684. Submitted by: Submitted By: Dan Trelka, Chief of Police Page 196 of 220 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2018 -XXX RESOLUTION APPROVING USE OF REVENUE EARNED FROM THE AUTOMATED TRAFFIC ENFORCEMENT CAMERAS PROGRAM IN FY2020 AND EACH BUDGET YEAR HEREAFTER, BY DESIGNATING USE OF SAID REVENUE FOR PROPERTY TAX RELIEF AND HIRING ADDITIONAL POLICE DEPARTMENT PERSONNEL, AND RESCINDING RESOLUTION NO. 2017-684. WHEREAS, the City of Waterloo entered into an agreement with GATSO USA, Inc. of Beverly, Massachusetts on August 7, 2017 to commence the Automated Traffic Enforcement Program, and WHEREAS, the program generated $90,000 in revenue during FY2018 for the City of Waterloo, and WHEREAS, the program is projected to surpass the revenue generated in FY2018, and WHEREAS, the Police Department hereby submits this resolution as a formal request to the Waterloo City Council to repeal Resolution No. 2017-684, to budget use of Automated Traffic Enforcement Program revenue during FY2020 and each budget year hereafter, and designate use of said revenue as property tax relief and hiring additional Police Department personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. That the revenue earned from the Automated Traffic Enforcement Camera Program be budgeted for use during FY2020 and each budget year hereafter. 2. That use of said revenue is designated for property tax relief and hiring additional Police Department personnel. 3. That Resolution No. 2017-684 is hereby rescinded. PASSED AND ADOPTED this day of 2018. Quentin Hart, Mayor Prepared by LeAnn M. 'Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, 50703, 319-291-4323. RESOLUTION NO. 2017-684 .'RESOLUTION APPROVING DESIGNATION OF REVENUE EARNED .FROM .AUTOMATED TRAFFIC .ENFORCEMENT CAMERAS BY HOLDING ..REVENUE IN AN ACCOUNT USED AS POLICE, REVENUE IN THE 'BUDGET YEAR TWO YEARS FOLLOWING RECEIPT 01.: SAID .FUNDS, ASSIGNING USE 017 SAID REVENUE FOR PROPERTY TAX .'REDUCTION, AND CL.ASSIFYING SAID RE'VENUE AS COMMITTED FUND BALANCE ON IDE CITY'S FIN.ANCIAL STATEMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERL00, IOWA, that the designation of revenue earned from automated traffic enforcement cameras by holding revenue in an account used as police revenue in the budget year two years following receipt of said funds, assigning use of said revenue for property tax reduction, and classifying said revenue as committed fund balance on the City's financial statements, is hereby approved. PASSED AND ADOPTED this 21st day of August 2017. (.)uentin Hart, Mayor ATTEST: elley . City Clerk. CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate approximately 0.56 acres of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street (former Waterloo Courier site), with the retention of a utility easement over, under and upon the entire vacate area. City Council Meeting: 11/13/2018 Prepared: 10/23/2018 REVIEWERS: Department Reviewer Action Date Piatining & Zorn. mgp Anderson, Noel. .Approved 10/30/2018 .. 6:1.7 PM Clerk r]k_ Oiftit i^;vui 11:.LAn . Ap prove . 10/31/2018 ....9 A5 AM. ATTACHMENTS: Description D ..tactune is ... tae ata SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: W4th� Type Cover J\1erno Motion to receive, file and consider and pass for the second time an ordinance approving a request to vacate a portion of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street, subject to the retention of a utility easement over, under and upon the entire vacate area. Motion to suspend rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request by the City of Waterloo to vacate approximately 0.56 acres of West 4th Street (former Bridge Street) right-of-way, located adjacent to 501-503 Commercial Street (former Waterloo Courier site), with the retention of a utility easement over, under and upon the entire vacate area. The City is requesting to vacate the right-of-way, located between Cedar Street and Commercial Street, as the area is no longer needed for public street purposes. The area is the former location where West 4th Street was located before it was relocated to the southeast. After the road was relocated, the area was left as right-of-way, but a city owned parking lot was constructed on it. There are numerous utilities located within the former right- of-way, therefore the retention of the utility easement is needed. None N/A Right -of -Way Page 199 of 220 Alternative: N/A Legal Descriptions: Parcel "L" Description: The southeasterly 20 feet of Lots 5, 19, 20, 21, 22, 23, 24, the southeasterly 20 feet of the southwesterly 5 feet of Lot 36, the southeasterly 20 feet of the platted east -west 15 foot public alley, and that portion of Bridge Street between Commercial Street and Cedar Street, all in Mill Square, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the southwesterly corner of Lot 4, Mill Square; thence North 49°04'04" West degrees 60.00 feet along the northeasterly line of Commercial Street to the southeasterly corner of Lot 5, Mill Square; thence continuing North 49°04'04" West 20.00 feet along said northeasterly line to the southwesterly corner of the southeasterly 20 feet of said Lot 5; thence North 41°03'14" East 305.00 feet along a line 20 feet normally distant to and parallel with the northwesterly line of Bridge Street to the northeasterly line of the southwesterly 5 feet of Lot 36, Mill Square, said line also known as the southwesterly line of Cedar Street as presently established; thence South 49°04'04" East 20.00 along said northeasterly line to the northwesterly line of Bridge Street; thence continuing South 49°04'04" East 60.00 feet along the southeasterly extension of the aforesaid northeasterly line to the southeasterly line of Bridge Street; thence South 41°03'14" West 305.00 feet along the southeasterly line of Bridge Street to the point of beginning, containing 24,400 square feet (0.56 acres) and subject to an easement over, under, upon, and across the described parcel for public utilities. The northeasterly line of Parcel K of the NE 1/4 of Section 26, Township 89 North, Range 13 West of the 5th Principle Meridian, also being the southwesterly right-of-way line of Commercial Street, is assumed to bear North 49°04'04" West for the purpose of this description. Page 200 of 220 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: October 3, 2017 Request to vacate a portion of West 4th Street right-of-way, located between Cedar Street and Commercial Street. City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 The applicant is requesting to vacate a portion of the right-of-way of West 4th Street, located between Cedar Street and Commercial Street, as the area is no longer needed for public street purposes, and is currently used as a parking lot. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The vacate request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area because it is excess right-of-way no longer needed for road purposes. Commercial, West 4th Street, and Cedar Street are all classified as Local Streets. The nearest recreational trail is the 218 Trail located along the northeast side of Hwy 218, which is 800 feet southwest of the proposed vacate area. The area is served extensively by sidewalk. The area in question has been zoned "C-3" Central Business District since the adoption of the Zoning Ordinance in 1969. The surrounding land uses to the north, south, east, and west are all "C-3" Central Business District with office buildings. The surrounding area mostly consists of older office buildings that were primarily constructed between the 1930's and 1980's. No buffers or landscaping would be required for this request. The vacate request would not appear to have a negative impact upon drainage conditions in the area. The area being vacated is located in Zone -X, 500 -Year Floodplain, protected by the flood control levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. There are no schools within the immediate vicinity. The River Loop Expo Plaza is located approximately three blocks to the southwest of the vacate area. Vacate 4th Street ROW — Between Cedar Street and Commercial Street, Page 1 of 2 Page 201 of 220 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: October 3, 2017 An easement will need to be retained over the Right -of -Way to be vacated. There is a 30" sewer line in the alley northeast of the vacate area, Mid -American electrical transmission lines/transformer, 10" waterline/private services, and storm sewer line that crosses the vacate area. Cedar Street and Commercial street both contain 10" storm sewer lines just past West 4th Street. The Future Land Use Map designates this area as Commercial. The proposed vacate request would be in conformance with the Comprehensive Plan and Future Land Use Map for the area. The applicant is requesting to vacate a portion of West 4th Street right-of-way, located between Cedar Street and Commercial Street. The area is the former location where West 4th Street was located before it was relocated to the southeast. After the road was relocated, the area was left as right-of-way, but a city owned parking lot was constructed on it. The area is not needed for public purposes, and has potential for redevelopment, although an easement will need to be retained over the entire vacate area due to multiple utilizes within the vacate area. There is no platting as a part of this request. Therefore, staff recommends that the portion of West 4th Street right-of-way, located between Cedar Street and Commercial Street be approved for the following reasons: 1. The vacate request would not appear to have a negative impact on the surrounding area, and the right-of-way does not appear to be needed for any future street purposes. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request would not appear to have a negative impact upon drainage conditions in the area. Subject to the following conditions: 1. That an easement will be retained for the entire right-of-way area to be vacated. Vacate 4th Street ROW — Between Cedar Street and Commercial Street, Page 2 of 2 Page 202 of 220 City of Waterloo Planning, Programming and Zoning Commission October 3, 2017 K Adjacent to 501-5o3 Commercial Street Vacate Request City of Waterloo Page 203 of 220 City of Waterloo Planning, Programming and Zoning Commission October 3, 2017 iilllllllllllll I �nlllllll�ill�"'"I'�M' ....... II "I'N IIIIIIIIII ""' v��ll�'Il, ililllhlll��lu �tlih��li��l,�lll ui thoi "y61 4lIi ,t11i 1'io9, ��„I;lV1i'1ilI1I;iI1li�'l1'I'Y11110101‘),( ''lllIlI laIuom���iI,Ip,p�i,'li�,uIqu„�MI�NI .Pt 11.I ' i "rvk!�flII@ I 01:1:1:1101,,01, ,LL I <v�WIdi flI�„l �II cpm I'uq��IIM1°'UIVi'ill m°iiul uur,;1 11111111111llmmA 010 I,,uuu ll;oh�4 'I II1°I pIIP 11111111111111111111111111 I'iWIU� I,II�IIII, I v� 1I1I1I1I1I1I1I IY' I � I toV III lii(I �IIIVIp°� oupll YVVIIu" 11111111 IIIIIIIIIIIIIIIIIIIIIIIIIII Ivl � 'i,luull�ll ���u�"��IyVI Adjacent to 501-503 Commercial Street Vacate Request City of Waterloo Page 204 of 220 Index Legend Location Description: Portions of Lots 5, 19, 20, 21, 22, 23, 24, and 36, the platted east -west alley, and Bridge Streetin Mill Square, City of Waterloo, Iowa Requwmtoc Proprietor: Surveyor: Surveyor Company: NoeI Anderson, City of Waterloo City of VVaterloo William W. Castle City of Waterloo Engirieering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 K��� of Survey �-���� Parcel "L" NE �/� Sec. 26, T89N, ����UK _ ofthe - .' .'.-''' City of Black Hawk County, Iowa -./ Waterloo, Parcel "L" Description: The southeasterly 20 feet of Lot5, 19, 20, 21, 22, 23, 24, the southeasterly 20 feet of the southwesterly 5 feeof Lot 36, the southeasterly 20 feet of the platted east-wes15 foot public alley, and that portion of Bridge Street between Commercial Street and Cedar Street, all in Mill Square, City of Waterloo, Black Hawk County, |mwa, more particularly described as Boginningcdtheonuthm^astedyoomerofLot4.K8iUSquona;thenmallorth40"04'04"VVea degrees 60.00 feet along the northeasterly line of Commercial Street to the southeasterly corner of Lot 5, Mill Square; thence continuing North 49°04'04" West 20.00 feet along said northeasterly line to the southwesterly corner of the southeasterly 20 feet of said Lot 5; thence North41"O3'14"Eost3O5.00feeta|ongoYine2OfeetnonnaUydistanttoandpmnaUe|withthenorthweotedy|ineofBhdge Street to the northeasterly line of the southwesterly 5 feet of Lot 36, Mill Square, said line also known as the southwesterly UneofCedarStreetaapreoent|yeotab[iahed;thenoeSouth4Q°O4'O4''Eeot20.00a|ongeaidnurtheostar|y|inetothe northwesterly line of Bridge Street; thence continuing South 49°04'04" East 60.00 feet along the southeasterly extension of the aforesaid northeasterly line to the southeasterly line of Bridge Street; thence South 41°03'14" West 305.00 feet along the southeasterly line of Bridge Street to the point of beginning, containing 24.400 square feet (0.56 acres) and subject to an easement over, undar, upon, and across the described parcel for public utilities, The northeasterly line of Parcel K of the NE 1/4 of Section 26, Township 89 North, Range 13 Westofthe 5th Principle Meridian, also being the southwesterly right-of-way line of Commercial Street, is assumed to bear North 49°04'04" Westfor the purpose of this description. Survey Notes: 1. The Bearings shown on this suriey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof 3. Parcel letter "L" assigned by the Black Hawk County Auditor's Office on September 28.2018. Plat of Survey Parcel "L" of the NE 1/ 4, Sec. 26, T89N, R 13W, City of Waterloo, Black Hawk County, Iowa Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Parcel letter "I.." assigned by the Black Hawk County Auditor's Office on September 28, 2018. 4. "- Record Survey Plat Doc. Number 2018-3229 West Park Avenue O co Plat Legend: • Found Monument Set 518" x 24" Rebar w/Blue Plastic Cap "Iowa - 19715" ® Cut "X" in concrete, found or set 123.45' Record Measurement (123.45) Field Measurement Placed "X" in sidewalk 305' (305.00') N 41°03'17" E Comer postion occupied by building Placed "X"s in sidewalk on 3" offset west and on 3' offest south of comer 10' (10.00') (N 49°04'04" W) 27' V-......_.-..,._._. 15 1 r., Cedar Street - 50'ROW 80' (80.00') Lot 34 172' (172.00') Loot 36 S 49°04'04" E 5 49°04'04" E) Lot 13 a Lot m, )' Lot2 Lot 14 . ' Lot 2.1 20 m o Lot 115 E Lot 22 1-11 _ ! - Lot 14 Lot 23 Mt.) = cc, x-- IF 01 :c Lot 13 Lot 24 Z n d LL 0 5 Vacated Patted 15' ,".Gley b c*c C C I 0 'J —1 ..3 172' (172.00') (N 49°04'04" W) 0 O M i2 `J Q 0 O J 20' 2' ...._ 22. 22 Pieced ""X"' in sidewalk NE 114, 26-89-13 20' 60' 305' (305.00') (S 41°0317" V1) Lot 713 Lot 132 0 40 80 Scale: 1 inch = 80 feet Lot 31 Lot 30 Set 5/8" rebar w/Blue ID cap L "Iowa -19715" West 4th Street '2• m m tom „Lb ed. 0 Q_ fi -o -o z cts (61.43') (N 49°04'04" W) 80' (80.00')Fd. 112" rebar oB wlout ID cap In (N 49°04'04" W) Set 5/8" rebar sidewalk w/B€ue ID cap Commercial Street - 80' ROW Iowa -19715" 240.52' N 49°02'55" W* (240.51' N 49°04'04" W) Fd. cut "X" in sidewalk Parcel "K" ,Doc, # 2018-3229 99�'f 79 � J G v iy y d d Vis; a �L��u'i' �° r °�wterr!ool Wes` ofthe eclat', River Fd. cut "X" In sidewalk Fd. cut X" in sidewalk Fd. cut "X" s In sidewalk 111111111111111,1,11111 11�1Y',;ii�1�IVl`iliv 1119rri,!�ii41f;+�lpll+q,l'1119111�i� anullvurr1l' pI �l amnl V'1lYi IlUllllllrl'ill""' 1111111111111111 II�° uA� II�� ull���ll�l��ll'il i!II' l Ill 111i„ lllllu�, u1,i11111FJlllml 111111 IIII 6^',g 11 pV IIIIIIIIII II6�„I, ���01��°'��I�I�jji�f�l��lllllllllllllll pIN°ill�l , 1116 Vw 91 tl 0 J W H Jlv pwl''Mr, 1111 OlII j III i' �iP W ,,v,11.1u 1111111,111,111,11 1111111111111111 .111111111111 Page 208 of 220 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 14 Offer to Vacate and Purchase City Right -of -Way Li Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement CI Sale of City -Owned Property , Applicant: C' -//y Address: 7/.15 /74/4„/-3,947/er Phone No.: 511 2 I - General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 4ijwr-to 50/- 46 3i-,7/77ete/i Legal description of area to be conveyed, vacated, or encroached: °Tiro. 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee O Encroachment One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated —No Fee ▪ Any request not meeting the Sale of Property Policy -- One Hundred Dollar ($100.00) Fee 2, Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): O Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Proper : Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Councii. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall he retained: 5. Other: Please provid a site pIh and additioi1ron ttci, as the ason fi lhy4equc.st. I photo of the area to be vacated if the request involves Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 209 of 220 Vacate Request — Adjacent to 501-503 Commercial Street ',.1111111111411111,1111 I'IIIIIIIII11u 1111 lu uW 111111ii1 1111 111111 �> !' 11111 ii 1u'llllllll)If �(�Ilo I„ II�h �h. ?l 1QlhII1111ffI�)1 Yrd e I d 11 Ill �j If Vho h� t 110 1111111111 Looking southwesterly towards the vacate area. 501-503 Commercial Street is on the right side of the picture. 1141111111111111144111111 ulll 1 11111111111111111111 IIIIh� hhhhhhhi It,„11111111 inirriorrifirlignuluouniumin it iel ihrhoho mho 41110 0111111 11111100111111111 11'111111 110101100 II DIIv u7Y lrtizi oii 41'11) �V 1�IIplpooul�ll 1,k' .,,. i�i�I,U�1111Ii''N,��1111�1Y �1d?(i1Il,'�;f1,411tl�,mI ��f!i.,I�1�IVIrM1��ItlU1InII,�,mIJlVn„�ul�I,un 110�ryII 111 uuu, �I l,1,uuuuuuuuuuiJ11111 1,1 kg.11 1111 0111101111101101,0111111)1111111111111iiiiiiiiii 111(((iii: n N�11I���t rill„Nva � Looking northeasterly towards the vacate area. 0..�111W1o1111YIIWIIII 111111111fi1�1” 11dl� V111,11:11'1 J111111111111111111110 I111 h (1'14 000 ,011 uIIIlh11lllluluuuuul Il�ll 1111111 4 • 41 100 000000 000 01;0 IVum�l�l W c�lll III uruulollJ;t% IVIIIVIIV4M IA "�pl � V!!I�Y, VIM 04 11. 110111101 1 111,0111114 p� vnmm III 11111n0 1 I ii(((((1�11h"'1111111111�11111.„.1,l„IflJ:15:1"lm i, hu Y4 ahI .1111111141.1.1.1.1.111111141111111111111111111,1,1,1,114,,,,,,1114 IuVuuuuuuuuuuu r IIIIIIIItldhdldlflflGrlV'�I INN""""""""""""I, hu �I ryryryryryryryry yryy r, d ,� ,I1,rl;11 III 1111 I��IIIIIIII III i';',.;,;11:(1:11,11,11,11j11'10111,1„,,,il 1111,1,111,11 111111111 11 111111 11111111111111111111111111111HO 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111,111111111111111111111111111111111111111111111111111111111111111111111111111111111101111111111101111111111111111111111111111111111011111 ,,01111R„hwllllyl Looking northeasterly from the vacate are at 10 West 4th Street. 11111111111111111111111 44141 Looking across West 4th Street at existing commercial development and the parking ramp. 001111.4n ,;,11111, Page 210 of 220 CITY OF WATERLOO Council Communication Sewer Rate Increase City Council Meeting: 11/13/2018 Prepared: 10/19/2018 REVIEWERS: Department Clerk Office Reviewer Action Date Wa,onina :,rr, Michelle .Approved 10/19/7.018 .... p tl 27 .AM ehnrtrn /Approved. 10/19/7,018...2:45 TM ATTACHMENTS: Description Sewer Rate ine: ease FYIt2O 19 And 2,020 Co C:"arum SUBJECT: Type Cever Memo Motion to receive, file and consider for the third time and adopt an Ordinance amending Chapter 3, Sewer Regulations, Section 8-3A-6: Sewer Rental Charge to increase sewer rates. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Summary Statement: Effective January 1, 2019, the average residential user's cost will rise $1.25 per month, while the minimum quarterly charge will rise $2.25. Effective July 1 2019, the average residential use's cost will rise an additional $1.25 per month, while the minimum quarterly charge will increase an additional $2.25. These rates will remain about the fifth lowest in the state after applying these increases (and assuming other entities don't adopt rate increases). As discussed at the council work session Monday, October 15, 2018, the City needs to continue making substantial capital improvements to the sewer system. In order to maintain balanced budgets for the sewer fund, rate increases are required. The City developed a collection system master plan to implement improvements required by the consent decree. These increases will fund the debt service needed for projects currently planned to be financed over the next two years. The rate increases will allow the city to comply with Clean Water regulations Policy Issue: and maintain a balanced sewer budget. Page 211 of 220 Alternative: Background Information: If rates aren't increased and the improvements required by the US Environmental Protection Agency and the Iowa Department of Natural Resources are not made, the City won't be able to comply with the regulatory requirements and will likely be penalized with fines. The last sewer rate increase was effective July 1, 2015, three and one-half years ago. As we discussed previously, we anticipated that annual rate increases of 5% would be needed subsequent to that to provide funding for construction of needed improvements. The City will not be able to comply with recent Department of Natural Resources and US Environmental Protection Agency requirements without additional revenue. Page 212 of 220 Mow). QUENTIN HART 1111111 1111111' it" 1111'111 COT CLER AND F INCE EPARTIVIE T KE:111iN IJC ILL* City Clerk MICIII31,LE WEIDNER, CPA * Chief Financial Qlficer Council Communication City Council Meeting: October 22, 2018 Prepared: October 18, 2018 Dept. Head Signature: Michelle Weidner COUNCIL Number of Attachments: None MEMBERS 11,00000.1,600..0"80 MARGARET KLEIN Ward I BRUCE JACOBS I'Vard 2 PATRICK MORRISSEY llfTarel 3 JEROME AMOS, JR. Ward 4 (21 -IRIS SKIMP Ward 5 SHARON JUON At -Large STEVE SCIIMITT 1t -Large SUBJECT: Sewer Rate Increase Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I recommend that the Council adopt an ordinance change to City Ordinances, Chapter 3, Sewer Regulations, Section 8- 3A-6 to apply the following sewer rental charge, effective with billing dates reflected below: Beginning January 1, 2019 Minimum monthly charge $15.00 (includes first 3 Ccf) Minimum quarterly charge 45.00 (Includes first 9 Ccf) Per Ccf over minimum monthly charge 2.40 (Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit) Beginning July 1, 2019 Minimum monthly charge $15.75 (includes first 3 Ccf) Minimum quarterly charge 47.25 (Includes first 9 Ccf) Per Ccf over minimum monthly charge 2.52 (Ccf = 100 cubic feet of metered water used or metered wastewater discharge if provided in permit) Effective January 1, 2019, the average residential user's cost will rise $1.25 per month, while the minimum quarterly charge will rise $2.25. Effective July 1 2019, the average residential use's cost will rise another $1.25 per month, while the minimum quarterly charge will increase $2.25. These rates will remain about the fifth lowest in the state after applying these increases (and assuming other entities don't adopt rate increases). Summary Statement: As discussed at the council work session Monday, October 15, 2018, the City needs to continue making substantial capital improvements to the sewer system. In order to maintain balanced budgets for the sewer fund, rate increases are required. The City developed a collection system master plan to implement improvements required by the consent decree. These increases will fund the debt service needed for projects currently planned to be financed over the next two years. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 213 of 220 Expenditure Required: N/A Source of Funds: N/A Policy Issue: The rate increases will allow the city to comply with Clean Water regulations and maintain a balanced sewer budget. Alternative: If rates aren't increased and the improvements required by the US Environmental Protection Agency and the Iowa Department of Natural Resources are not made, the City won't be able to comply with the regulatory requirements and will likely be penalized with fines. Background Information: The last sewer rate increase was effective July 1, 2015, three and one-half years ago. As we discussed previously, we anticipated that annual rate increases of 5% would be needed subsequent to that to provide funding for construction of needed improvements. The City will not be able to comply with recent Department of Natural Resources and US EPA requirements without additional revenue. Page 214 of 220 CITY OF WATERLOO Council Communication Certified List for the position of Equipment Operator I for the City of Waterloo, Iowa Public Works - Street Department, as certified by the Civil Service Commission on October 26, 2018. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date ii::nnasin Resources Duuoinn, Lance Approved a /7/2,018 ... i0:40 AM C:le k Office)y, Nancy Approved i i/ 7/2W 8 ... iO 1 / AM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Equipment Operator I for the City of Waterloo, Iowa Public Works - Street Department, as certified by the Civil Service Commission on October 26, 2018. Submitted by: Submitted By: Page 215 of 220 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 October 26, 2018 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Equipment Operator I for the City of Waterloo, Iowa Public Works - Street Department. Appointment(s) shall be made from this list for the next year (October 26, 2018 - October 25, 2019). Respectfully submitted, CERTIFIED LIST Wade Barker Justin Quint Cooper Siddell Michael Derifield Darrin Bienfang Daniel McAhren Brett Reiter Robert Heerkes -� /U/ 4"Je Date - Lovi- Caldwell Date Ethel Washinaon Date CS LIST EQUIPMENT OPERATOR 118 CITY WEBSITE: www.cityofwateriooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 216 of 220 CITY OF WATERLOO Council Communication Certified List for the position of Equipment Operator II for the City of Waterloo, Iowa Street Department, as certified by the Civil Service Commission on October 26, 2018. City Council Meeting: 11/13/2018 Prepared: REVIEWERS: Department Reviewer Action Date ti::nnnsin Resources Duuoinn, Lance Approved 11/7/7,018 ....i0:02", AM t'lerk Office Dp�zgiry, Nancy Approved 11/7/2,018... 11:44 AM ATTACHMENTS: Description SUBJECT: Type Certified List for the position of Equipment Operator II for the City of Waterloo, Iowa Street Department, as certified by the Civil Service Commission on October 26, 2018. Submitted by: Submitted By: Page 217 of 220 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 October 26, 2018 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Equipment Operator 1I for the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next year (October 26, 2018 — October 25, 2019). Respectfully submitted, CERTIFIED LIST Brett Reiter Justin Quint Date..,7 Lovie Caldwell Date ide7) /0/24M Ethel Was ngton Date CS LIST EQUIPMENT OPERATOR CI 18 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 218 of 220 CITY OF WATERLOO Council Communication Design Review Board minutes of August 8, 2018 (email vote). City Council Meeting: 11/13/2018 Prepared: REVIEWERS: D epartment P laniving & Zoning P laru..ing &. Zoning P &imiiflg Clefk: Office, ATTACHMENTS: Description D DR13 8/8/18 m Uri u tes SUBJECT: Submitted by: Reviewer Schroeder, Ade Anderson, Noel Anderson, N oel igby, Nancy Action R.ejecied Approved Approved Approved Type ver Menio Date 110/24/2,018 1:59 P M 10/30/2,018 6:1.5 ./ M 1.0/30/20..18 6:1.6 P M .11/7/2018 11:44 AM Design Review Board minutes of August 8, 2018 (email vote). Submitted By: Page 219 of 220 MINUTES HIGHWAY 218 DESIGN REVIEW BOARD E-MAIL VOTE MEETING— August 8, 2018 Staff person Hyberger e-mailed the Highway 218 Design Review Board Agenda and Packet on August 8, 2018 to the Design Review Board members. I. Approval of the Agenda for August 8, 2018. Carty, Jaacks, Ottesen, and Weber voted unanimously to approve the agenda. II. Approval of the minutes from the Email Meeting on December 11, 2017 Carty, Jaacks, Ottesen, and Weber voted unanimously to approve the E -Mail Vote Meeting December 11, 2017 meeting minutes. III. Decision Items 1. 307 Vaughn St. — Imerys Minerals, USA, Inc. Request to approve building addition The applicant is proposing to expand an existing building from 14' X 12' (168 SF) to 14' X 24' (336 SF) within the Highway 218 corridor at 307 Vaughn Street. Carty, Jaacks, Ottesen, and Weber unanimously approved the building addition request at 307 Vaughn Street. Respectfully submitted, Seth Hyberger, Planner I Page 220 of 220