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HomeMy WebLinkAboutCouncil Packet - 1/7/2019 Amended Council Agenda Item Council Meeting Monday, January 7, 2019 1 1 Public Hearing Item 4 by strikin "subject to the retention of a utility easement over, under, and upon the entire area to be vacated"in both the item title and ordinance. Request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W. Airline Highway, , under and-t�pen the ent Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING-No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming, and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W. Airline Highway-cabjec++c , � iii l Y l U Ullll l,' VU �•, vaeate . Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Reason: The city wishes to vacate the entire area to allow the developer to build an additional building. THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, January 7, 2019 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 Cleric'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 department. 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 262 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Sharon Juon,At-Large Council Member Agenda, as proposed or amended. Minutes of December 17, 2018, Regular Session, as proposed. Recognition of Waterloo Youth City Council ORAL PRESENTATIONS I owa 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 the request of Allan L Sonnack for tax exemptions on the construction of a new single family home valued at $311,980 for property located at 1428 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of David Kerkove for tax exemptions on the construction of a new single family home valued at $276,365 for property located at 1264 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 177 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 175 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Page 2 of 262 Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 155 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 167 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 165 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 9. Resolution approving the request of Louis and Tammy Hagarty for tax exemptions on the construction of a new single family home valued at $484,020 for property located at 1482 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 10. Resolution approving the request of Asim & Mersiha Mustedanagic for tax exemptions on the construction of a new single family home valued at$230,000 for property located at 1625 Bluewing Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 11. Resolution approving the request of C&S II for tax exemptions on the construction of a new commercial building valued at $768,154 for property located at 194 W 11th Street, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 157 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Steve Hoambrecker, Waste Management Service Director Class/Meeting: 2019 Iowa Rural Water Association Annual Conference Destination: Des Moines, IA Dates: February 18-20, Amount not to exceed: $782 2019 b. Michelle Weidner, Chief Financial Officer Class/Meeting: 23rd Annual Governmental GAAP Update Destination: Webinar- in office Dates: January 24, 2019 Amount not to exceed: $180 C. Mayor Quentin Hart Page 3 of 262 Class/Meeting: Mayors' Top Teen Awards & Mayors'Volunteer Awards Destination: Cedar Falls, IA Dates:April 9, 2019 Amount not to exceed: $650 2. LIQUOR LICENSES a. Casey's General Store #2427, 3035 Logan Avenue Class: B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 12/31/2019 b. Casey's General Store #2866, 51 E. Tower Park Drive Class: B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 12/27/2019 C. Casey's General Store #2867, 2424 Ranchero Road Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 12/27/2019 d. Cedar Valley Arboretum & Botanic Gardens, 1927 E. Orange Road Class: B Native Wine New Application Includes Sunday Expiration Date: 12/31/2019 e. Curt's, 32 Lafayette Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/31/2019 f. Galleria De Paco & Coffee Shop, 622 Commercial Street Class: B Wine / C Liquor Renewal Application Expiration Date: 12/19/2019 g. Grout Museum, 503 South Street Class: Special Class C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/14/2019 h. New Star Liquor, 1625 W. 4th Street Class: B Wine/ C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 12/10/2019 i. Ramada Hotel, 205 W. 4th Street Class: B Liquor New Application Includes Sunday Expiration Date: 11/1/2019 Page 4 of 262 j. Single Speed Brewing Company, 325 Commercial Street Class: C Liquor/ Brew Pub/ Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/31/2019 k. Snowden House, 306 Washington Street Class: Special Class C Liquor Renewal Application Includes Sunday Expiration Date: 12/14/2019 3. APPOINTMENTS a. Elizabeth Hand Board/Commission: Waterloo Housing Authority Expiration Date: 12/31/2020 New Appointment b. Maddie Morehouse Board/Commission: Historic Preservation Expiration Date: December 17, 2021 Correct expiration date of term C. Codie Leseman Board/Commission: Complete Streets Advisory Committee Expiration Date: None New Appointment d. Jane Messingham Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 Re-Appointment e. Rick Jaacks Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 Correct expiration date of term f. Andy VanFleet Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2020 Re-Appointment g. Kim Huff Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2020 Re-Appointment h. David Deeds Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 Page 5 of 262 Re-Appointment i. Ivan Valtchev Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2020 Re-Appointment j. Andrew Robeson Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 New Appointment k. Ed Ottesen Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 New Appointment I. Adrienne Miller Board/Commission: Main Street Waterloo Redevelopment Authority Expiration Date: 12/31/2019 New Appointment m. Cody Leistikow Board/Commission: Community Development Board Expiration Date: 1/7/2022 New Appointment 4. Recommendation of appointment of Richard Kirby from the Civil Service list, to the position of Housing Maintenance for the Housing Authority, effective January 8, 2019. Submitted By: Julie Dawson, Housing Authority Director PUBLIC HEARINGS 2. Riverfront Stadium Group Seating Boxes Project Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Director of Leisure Services for review. Submitted by: Travis Nichols, Facilities/Project Manager 3. Request by the City of Waterloo to vacate a 7,500 square foot portion of Bluff Street right-of-way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a portion of the area to be vacated. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, and consider and pass for the first time an Ordinance approving Page 6 of 262 a request to vacate a 7,500 square foot portion of Bluff Street right-of-way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a portion of the area to be vacated. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 4. Request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W. Airline Highway, subject to the retention of a utility easement over, under and upon the entire area to be vacated. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W. Airline Highway, subject to the retention of a utility easement over, under and upon the entire area to be vacated. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 5. Resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and Visitors Bureau in the amount of $3,000, to fund the facility rental for the ETA Dance and Cheer Competition, and authorize the Mayor to execute said documents. Submitted By: Tavis Hall, Executive Director of Waterloo Convention &Visitors Bureau 6. Resolution approving an Amendment to the Development Agreement with Advanced Heat Treat Corp. for their expansion in the MidPort area by changing the tax rebate schedule to begin after the Industrial Tax Credit is complete, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving an Amendment to the Development Agreement & Minimum Assessment Agreement with QOZ Arts Mall, LLC, changing the developer from QOZ Arts Mall, LLC to Arts Mall Properties, LLC, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution approving a Professional Services Agreement with MMS Consultants, Inc. for land surveying services within the Northeast Industrial area, in an amount not to exceed $11,500, and authorize the Mayor to execute said document. Submitted By: Noel Anderson-Community Planning and Development Director 9. Motion approving Final Quantity Summary for a net decrease of$192,658.02 for the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. Page 7 of 262 Submitted By: Dennis Gentz, PE,Assistant City Engineer 10. Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc. of Waterloo, Iowa, in the amount of$7,739,567.82, for the FY 2017 Street Reconstruction Program, Contract No. 921, and receive and file a two-year maintenance bond. Submitted By: Jamie Knutson, PE, Interim City Engineer OTHER COUNCIL BUSINESS 11. Motion to receive the City of Waterloo Comprehensive Annual Financial Report for fiscal year ending June 30, 2018 and place on file. Submitted By: Michelle Weidner, Chief Financial Officer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:40 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board minutes of November 2018. 2. Community Development Board Public Hearing minutes of November 2018. 3. Communication from the Public Works Street Department on the notice of the conclusion of employment for Robert Hertges, Equipment Operator I, effective December 3, 2018 with recommendation of approval of payout of$6,925.88 for unused benefits. 4. Certified List for the position of Events Coordinator for the City of Waterloo, Iowa Center for the Arts, as certified by the Civil Service Commission on December 20, 2018. 5. Certified List for the position of Housing Maintenance for the City of Waterloo, Iowa Community Planning & Development Department, as certified by the Civil Service Commission on December 20, 2018. 6. Certified List for the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on December 20, 2018. Page 8 of 262 CITY OF WATERLOO Council Communication Minutes of December 17, 2018, Regular Session, as proposed. City Council Meeting: 1/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk (:)p'pice i flp.a'�y; 1" mmcy Approved G 7/27/20 tl ... tl 2.23 PM ATTACHMENTS: Description Type Minutes of 1) °ceiinbem 17, 2018 p:::laac.kup:r Mame laap Submitted by: Submitted By: Page 9 of 262 December 17, 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, December 17, 2018. Mayor Quentin Hart in the Chair. Roll Call: Morrissey, Klein, Amos, Schmitt, and Juon. Mr. Jacobs arrived at 6:23 p.m. Swearing in of Ray Feuss, newly elected 5th Ward Council member. A second roll call was performed to include the newly sworn council member: Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Absent: Jacobs Prayer or Moment of Silence. Pledge of Allegiance: Steve Schmitt, At-Large Council Member 145702 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, December 17, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 145703 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 10, 2018, at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Six. Motion carried. Recognition and Swearing in of new Police Officer Cassandra Jakoubek. Recognition of Donna Balk for 43+years of employment. ORAL PRESENTATIONS Rev. Mary Robinson, All Nations Community Church, 321 Normandy St., explained that articles came out in 2015 and 2018 that label Waterloo as one of the worst cities in the nation for African Americans to live. She stated that she is very concerned about these reports and that she believes the council has been silent about the report and that the silence is a message that content of the article does not matter to the Mayor or the Council. Todd Obadal, 124 Amity Drive, commented that last week his name was thrown out as someone who abuses oral presentations and explained that citizens have a right to petition their government. He further asked for an investigation to be ended into the Ward 2 council member. Mayor Hart, explained that the city is not leading an investigation into the matter and suggested Mr. Obadal talk with the County Attorney. Josh Wilson, 170 SE Kellerman Lane and 2831 Saratoga Drive, explained that he has been watching the City of Waterloo and learned a lot about how to be a citizen activist. He stated through observation, that the Mayor has taught him the value of working as a team. He further stated that he sees a problem with members of the public who believe they are the unelected members of the city council and looking for publicity. 145704 - Juon/Schmitt December 17, 2018 Page 2 1. Resolution approving Finance Committee Invoice Summary Report, dated December 17, 2018, in the amount of$1,398,933.86, 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. 2018-887. 2. Resolution approving the request of Lydia Mustafic for tax exemptions on the construction of a new single family home valued at$304,701 for property located at 1247 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-888. 3. Resolution approving the request of Marianna Gibbons for tax exemptions on the construction of a new duplex valued at $280,000 for property located at 3815 Trent Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-889. 4. Resolution approving the request of Troy Phillips for tax exemptions on the construction of a new single family home valued at$173,992 for property located at 403 Meadowbrook Lane, and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2018-890. 5. Resolution approving the request of David Schake for tax exemptions on the construction of a new detached garage valued at $15,000 for property located at 2623 Idaho Street, and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2018-891. 6. Resolution approving the request of Jennifer E. Smith for tax exemptions on the construction of a new single family dwelling valued at$220,000 for property located at 221 Gilbert Street and located within the Consolidated Urban Revitalization Area(CUBA). Resolution adopted and upon approval by Mayor assigned No. 2018-892. 7. Resolution setting the date of public hearing as January 7, 2019 for a request by the City of Waterloo to vacate approximately 7,500 square feet of Bluff Street right-of-way located between W. 13th Street and W. 14' Street, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-893. 8. Resolution setting the date of public hearing as January 7, 2019 for a request by the City of Waterloo to vacate 65,490 square feet of Airline Highway west of 3070 W. Airline Highway subject to the retention of a utility easement over, under and upon the entire area to be vacated, and authorize the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-894. b. Motion to approve the following: December 17, 2018 Page 3 b. Dave Zellhoefer, City National Business Cedar December $229 Attorney Institute-Legal Ethics: Rapids, IA 18, 2018 Conflicts of Interest in Case Studies c. Mayor Quentin Hart U.S. Conference of Washington, January 22- $1,900 Mayors Winter D.C. 25, 2019 Conference d. Officers Sommer& Iowa Law Enforcement Johnston, IA January 3 - $16,250 Jakoubek Academy I.L.E.A. April 19, Course 2019 2. Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. Locker Room Lounge, 1918 C Liquor Renewal 12/31/2019 x Hawthorne Avenue w/Outdoor Service b. New Adventures, 341 C Liquor Renewal 12/19/2019 x Fletcher Avenue w/Outdoor Service c. Waterloo Black Hawks C Liquor Renewal 12/15/2019 x Hockey, LLC, 125 w/Outdoor Service Commercial Street ��" d. Nest`;to T;,,, e 919 W. BR Wine ne G Beet?-_ N-e-W , , �30QOW X e. Courtyard by Marriott, 250 B Liquor Renewal 11/19/2019 x Westfield Avenue w/Outdoor Service & Catering 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration New or Date Re-Appointment Maddie Morehouse Historic Preservation December 10, New 2021 Roll call vote-Ayes: Five. Nays: One (Schmitt on item 1BIC). Motion carried. 145706 - Morrissey/Amos d. West Side Liquor, 919 W. B Wine/C Beer/E New 11/30/2019 x 5th Street Liquor Mr. Morrissey requested confirmation that the paperwork was in order. Kelley Felchle, City Clerk, confirmed. Roll call vote-Ayes: Six. Motion carried. RESOLUTIONS December 17, 2018 Page 4 JB Bolger, Golf and Downtown Maintenance Manager, provided an overview of the new 5-year contract. Mrs. Klein questioned if this contract will improve the financial standing of the golf course. JB Bolger explained changes that have been implemented to put the golf courses towards breaking even. Mr. Morrissey and Mr. Schmitt commended the golf pros and staff for their work on an innovative contract. Resolution adopted and upon approval by Mayor assigned No. 2018-895. 145708 - Schmitt/Amos that "Resolution accepting a Quit Claim Deed for the Sunnyside South Addition site from Sunnyside South Addition, LLC for $1.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2018-896. 145709 - Schmitt/Amos that "Resolution approving temporary easement agreements with E and A Properties, LLC at 4037 University Avenue in the amount of $648, Archland Property I, LLC (McDonald's Corporation) at 3695 University Avenue in the amount of$1,615.48, Thirteen Associates, LLC at 3551 University Avenue in the amount of $100, and Thirteen Associates, LLC at 3561 University Avenue in the amount of$400.61, in conjunction with the University Avenue reconstruction Phase II project, and authorize the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Six. Motion carried. Mr. Morrissey questioned how many more properties are needed to be acquired. Noel Anderson explained one more property is needed. Resolution adopted and upon approval by Mayor assigned No. 2018-897. 145710 - Morrissey/Amos that "Resolution approving a one year farm lease agreement for the year 2019 with Anderson and Anderson Farms, to farm approximately 36.1 acres of land generally located north and east of the new North Crossing development (Former Logan Plaza) and on the east side of E. 4th Street for $110 per acre for a total rental amount of $3,971, and authorize Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-898. 145711 - Morrissey/Amos December 17, 2018 Page 5 Resolution adopted and upon approval by Mayor assigned No. 2018-900. 145713 - Klein/Amos that "Resolution approving agreement with Strand Associates, Inc. of Madison, WI, in the amount of $8,000, for the assessment of structural damages to Wastewater Treatment Plant Digester #3", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-901. 145714 - Klein/Amos that Change Order No. 1, for a net increase of$9,825 in conjunction with the Waterloo Waste Water Treatment Plant Digester Cleaning #3 Project, Contract No. 953, and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote-Ayes: Six. Motion can-led. 145715 - Klein/Amos that "Resolution approving completion of project and recommendation of acceptance of work performed by Nutri ject Inc., of Hudson, Iowa, in the amount of $72,875 for the Digester #3 Cleaning Project. Contract No. 953",be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-902. 145716 - Amos/Morrissey that "Resolution approving Memorandum of Understanding with the Waterloo Community School District to purchase and provide salt and salt/sand mixture for snow and ice control purposes, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-903. 145717 - Amos/Morrissey that "Resolution approving Supplemental Agreement No. 2 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $315,000, in conjunction with Preliminary and Final Design of Enhancements for University Avenue, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned the funding to pay for another set of designs, and if the final design will require a vote prior to approval. Jamie Knutson, Interim City Engineer,provided an overview of the project, and confirmed there will be a number of meetings in the future for review and discussion. Doug Schindle, AECOM, provided additional information to clarify the need for new design documents. T 1 1 1 1 1 1 lA" 1 l.T nnA n nn A December 17, 2018 Page 6 145719 - Schmitt/Amos that "Resolution approving Professional Services Agreement with Terracon Consultants, Inc. of Cedar Falls, Iowa, in an amount not to exceed $4,950, in conjunction with the FY 2019 Dysart Rd., Franklin St. and W. 2nd St. Reconstruction Program, Contract No. 970, and authorize the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned why the attachments did not reference either Franklin or 2nd Street. Jamie Knutson, Interim City Engineer, explained that all three roads would be bid as one contract at the start of the New Year,but this item is just for geotechnical work required on Dysart Road. Resolution adopted and upon approval by Mayor assigned No. 2018-906. 145720 - Morrissey/Klein that the resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and Visitors Bureau in an amount of $3,000, to fund the facility rental for the ETA Dance and Cheer Competition, and authorize the Mayor to execute said documents", be postponed until January 7, 2019. Roll call vote-Ayes: Seven. Motion carried. ADJOURNMENT 145721 - Morrissey/Jacobs that the Council adjourn at 6:25 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Recognition of Waterloo Youth City Council City Council Meeting: 1/7/2019 Prepared: 12/17/2018 REVIEWERS: Department Reviewer Action Date Mayor ()fficeestp hal, Michelle Approved G y,/17/20 tl 8 .... tl 2-34 PM t`11er; Office p p np a)y, T' air cy App roved G 2/27/201 .... 9.57 M Submitted by: Submitted By: Mayor Quentin Hart Page 16 of 262 CITY OF WATERLOO Council Communication Resolution approving the request of Allan L Sonnack for tax exemptions on the construction of a new single family home valued at$311,980 for property located at 1428 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°pnnnnunin g& Zo nirrng Sdircoederc, Axie Approved 1/2/2019 :48 AM 1.`Ilcrrp Office 1 p igby, Namy Approved 1/2/2019 ... p p.5 p AM ATTACHMENTS: Description Type C1,1JR.A. 1.428u.udu:uborn Drive Fornri. Menio 4 I.J.-J . 1.428 Au.udu:ulron pDrruve Map t."ove.r 1 e.n-nrrrr Resolution approving the request of Allan L Sonnack for tax exemptions on SUBJECT: the construction of a new single family home valued at 8311.980 for property located at 1428 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Audubon Heights 6th Addition Lot 47 Page 17 of 262 CITY LIMITS URBAN REVITALIZATION A.PPLICATJOIVP FOR PROPEWrY TAX EXEMPTION FOR.CONSTRUCTION o NEW ONE OR TWO , FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITE'"LIMITS URBAN DEVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OFTHE CITY'Qf WATERLOO, The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two fami�x, dwellings(single family homes or duplex/twin homes)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo dorn'munrty"+' ; Planning&Development Department,) 2, This application must be filed with.City prior to the I'It working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors, Please fill out the following information for your application to be submitted to the City Council, NAME: SIGNATURE: ADDRESS: .*. w:. TI:LEPHONI;. L3 i i " .eDATE: A. What is the Aeldress of the property being improved? L ill - too P What is the Legal Descril)tion of the property?(May be available at County Recorder's Office on 2°d floor of the Courthouse) 4-7 B. 'V ! -- i B. What was the nature of the in rovement s: ?. (must be single family homes or duplex/twin homes toquality) q C. City of Waterloo Building and Inspections Department Information: Permit Number: t Q G Date permit was issued: Total perluit(s)valuation: ` I D. What was the cost of the new construction?— r r , o E. Estimated or<lctual date ofconlpietion of tliis new construction'? , r CITY OF WATERLOO _�_._..�..-....._. _ APPROVED DATED: RESOLUTION NO: DENIED `ff I BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Ta1mi McFarland DENIED Black hawk County Assessor f Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by t11e Black Hawk C.'o4111ty Assessor's Office for criteria eligibility. I Page 18 Of 262 I i N f G, i „r , k, /r r rr r or J q Gi lir� I.tf drat, , r wrl i//u � D, �G/��llr"fj�w �r �g Iii/'/i% ✓����.f/�(�//l, ��J��, Audubon CRABAPPLE �rf�9 II vlVar'IrN!l�d�� u J r i >� r It 1 r r J, yyyy J F J ,r / , 1 J r1 e B B pd ce sBlack HawkC.—V. TI pd epresenta survey f tify P; 7�d�¶1llll�l��i. '1 Is mea ft,Me aeemm�v of me da,dr n sore e�bes expressed orrnryetl by Black Hawk CountyMe flIlk H,� CeuntyAssessor er ma.ampmyeee / ,+ d��✓1'fr/'/l�'/�� The Cty of Watadee makes no warranty,express or Ino'd. the Ilk—,ofMe'n(pr shown 1p ni h p, nde>P—dy dsdamsftify 1,the ��� ��� e y h eof.users should refer, M al {lees surreys resolved deeds etc located at Me Black Hawk Ceunty aAssessor s Offce fur completeIN aad ao , Fee �V ,. ate ro�area CITY OF WATERLOO Council Communication Resolution approving the request of David Kerkove for tax exemptions on the construction of a new single family hoine valued at$276,365 for property located at 1264 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°nat::nning& .bona ing Sdircoederr, A.rie Approved 1/2/2019 -49 AM 1.`Ilcrrp Office 1 p igt.)y, Na my Approved 1/2/2019 ... p �.52, AM ATTACHMENTS: Description Type C1,1JR.A. 1.264 Parrtridl?.,e. 1.a:nne Forrri.l. Menio 4;111 . . 1.264 1la:irtrorrlge. p.aane. Map t."ove.r l en-io Resolution approving the request of David Kerkove for tax exemptions on SUBJECT: the construction of a new single family home valued at 8276;365 for property located at 1264 Partridge Lane, and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Audubon Heights 6th Addition Lot 39 Page 20 of 262 Mei ' CITY LIMITS URBAN REVITALIZATION APPLICATION ) �, FOR PROPER'T'Y TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TW FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMIT AN--- REVITALIZATION N--REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF I I � WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two fa, n✓ily dwellings(single family homes or duplex/twin homes)that meet the following criteria: 1. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to the l workin da of Febrtu following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 484.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out tide following information for your application to be submitted to the City Council. NAME.: I V1, �I&,r-- kove SIGNATURE; a ADDRESS; " TELEPxONE: 7 � DATE: 2, A. What is the Address of the property being improved? 9 yaVf y"p What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse) r. AA B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) i C. City of Waterloo Building and Inspections Department Information: � O Permit Number: I0U Date permit was issued: (6/141, 10 Total permit(s)valuation: —4, D. What was the cost of tyre new construction? a , E. Estimated or actual date of completion of this new construction`? / I CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK IiAWK COUNTY ASSESSOR APPROVED DATED: - "- Tauri McFarland f DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black I-lawk Cour►ty Assessor's Office for criteria eligibility. Page 21 of 262 r r �! Mfr JX� I�ert�r sill F /�� s rf y�V r u Partridge Lane 7 I � r it � rr I � Ji77 d � °i f rrr/ rJ ry I i QP �� 1 r„ rr r ' � r ;f, r Nate Base map data source Is Black Hawk County. Ths map does notrepresent a survey I,lily mid for the— of the dat I d ated herein, either expressed or I,O,,d by Black Hawk County,the &alk Hawk County Aafle—,or their em ployees. The City ofkV t,d,,makes no warranty,express or Implied.as to the accuracy of the Information shown en thls map,soil-p—dy disdatms liability far the 100 200 400 - raaythareeE users shoultl refer to official dace n_,reaomed deeds,era.located at me &alk Hawk Ceunty Ass—,s offlce fur complete F e e ands u e norm on. I CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 177 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°paaaannia g& .bona ing Sdircoederc, Axie Approved 1/2/2019 -5 p AM 1.`Ilcrrp Office 1 p igby, Na my Approved 1/2/2019 ... p p.52 AM ATTACHMENTS: Description Type C1,1JR.A. 177 ll.arrve-y Di Nv Foirrrrr Me nio 4 I.J.-J: . 1.77 1l:arrrr`e.y ll)rM. Map t"ove.r l e.n-io Resolution approving the request of DS Rentals for tax exemptions on the SUBJECT: construction of a duplex valued at 5230,000 for property located at 177 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Summerland Condos North First Addition Lot 10, City of Waterloo, Black Page 23 of 262 Legal Descriptions: Hawk County, Iowa Page 24 of 262 For Office Use Only Date Received: Received by:,4 #--- P — Staff to make or licant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPEI(FY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OFTI-FE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-ycar 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I"working day of February following the year when the improvements t are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors, -----—------------------—----------- Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. r. NAME: DS Rentals SIGNXI'URE: if I ADDRESS: PO Box 128,Cedar Falls,A 50613 TELEPHONE: 319-768-7235 DATE: 12/12/18 A. What is the Ac1dress of the property being improved? _177 Harvey Dr,Waterloo,1A 50701 What is the Le&d Description of the property?(May be available at County Recorder's Office oil 2"floor of the Courthouse) Surnmerland Condo North First-Lot 10 B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) ......... New Construction C. City of Waterloo Building and Inspections Department Infbrmatioli: Permit Number: 2017-00020785 Date permit was issued: 12129/17 Total permit(s)valuation: $200,000 D. What was the cost of tile new construction? $230,000 E. Estimated or actual date of completion of this new construction? 6/28/18 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OFWATERLOO OFFICE USE ONLY AJ'PROVFD DATED: RESOLUTION NO: ...................... DENTED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENTED Black Hawk County Assessor Page 25 of 262 r✓fr/i/ii f�,p r%I%y��✓('r��✓�J���f����ijj/1�/%✓i%b/��/�'pfr�N�'��, I' � r " , 1G 1%i r'l f lijr'������i�/J J✓>'rl✓�F/('��flf��ii/�/������`r�'�. r' r r�' ( 6✓iltf r r/ j✓i r//nr✓fi✓n f ✓i✓/,G/� r,' �s r�f✓/�l;/!/ Ilir rr)✓/�/j�rlri r1r r/✓�i( r!r r�/� , J/ri/i�n�%f✓��1�✓S/�'�r/r���air✓✓/r`/✓l/l��/i1�/✓�M 1 ,! fJ��fllr�lf�y✓r��%fJIJ/'iNUr�ir'//G/frrf/l�/rGv nig�J/%%✓✓✓/l, ✓Jr�✓�1 fJro�1r��/�iif���l;✓F���f lri'✓/�(((��✓Ji i✓//f��i�" ✓��Ot%/✓rf�'r✓✓I��U�✓il�������1/�rYll rr,"f����;1FrJ('q�v�Y�l� I � r Otlln�rrj/�'ri✓ �ir✓Art;J r��r r r xr rr��lt✓%1+'�i'iVl i'?N� `�� Plr,��/�1��'��"�� ��� 1�'f�'(r � I y� r✓,/rtr ' r � „r d ' , � b rr. 177 Harvey Drive it�/i�xr✓r�%fir%�✓r N!(l�I alt/r n!i/J rri//roll fls`rii'r r/✓. 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CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 175 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°paaaann'rng& .bona ing Sdircoederc, Axie Approved 1/2/2019 -5 p AM 1.`Ilcrrp Office 1 p igby, Na my Approved 1/2/2019 ... p p.53 AM ATTACHMENTS: Description Type C1,1JR.A. 175 ll.arrve-y Dily r Me nio 4 I.J.-J: . 1.75 1l:arrrr`e.y ll)rM. Map t"ove.r l e.n-io Resolution approving the request of DS Rentals for tax exemptions on the SUBJECT: construction of a duplex valued at 5230,000 for property located at 175 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Summerland Condos North First Addition Lot 10, City of Waterloo, Black Page 27 of 262 Legal Descriptions: Hawk County, Iowa Page 28 of 262 i For Office Use Only Date Received: r " Received by: Staffto makea sir t 6icant .e CITY LIMI'T'S URBAN REVITALIZATION APPLICATION APPLICA`fION FOR PROPERI Y TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZNFION AREA PLAN ADOPTED BY TIII?CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA) is a wear 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I"working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. ---------------- Please fill out the following information for your application to be submitted to the City Council. 'Projects started prior to the adoption date of July 1.8,2011. do not qualify. NAME: DS Rentals SIGNATURE: c t92 Cr(L ADDRESS: PO Box 126,Cedar Falls,iA 50613 TELEPHONE: 319-768-7235 DA FE: 12112/18 A. What is the Address of the property being improved? 175 Harvey Dr,waterloo,IA 50701 What is the Lege/1 Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse) Summerland Condo North First-Lot 10 B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2017-00020763 Date permit was issued: 12/29/17 Total permit(S)valuation: $200,000 D. What was the cost of the new construction? $230,000 E. Estimated or actual date of completion of this new construction'? 6/28/18 Note: City Council approval does not guarantee tax exemptions, The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. 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Hr off d P wa d f I't he „100 200 400 �p. a v h f u la r M �lfrlr. ✓� ' �.d -d d d dh onmVlee Fee ,.. to nfirm sOff f--Pi- ,d kH Wk0 A d CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 155 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°naaaann'rng& .bona ing Sdircoederc, Axie Approved 1/2/2019 -50 AM 1.`Ilcrrp Office 1 p igby, Na my Approved 1/2/2019 ... p �.53 AM ATTACHMENTS: Description Type C1,1JR.A. 1.55 5 ll.arrve-y Dilve Me nio 4 I.J.-J: . 1.55 1l:arrrr`e.y ll)rM. Map t"ove.r l e.n-io Resolution approving the request of DS Rentals for tax exemptions on the SUBJECT: construction of a duplex valued at 5230,000 for property located at 155 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Summerland Condos North First Addition Lot 8, City of Waterloo, Black Page 31 of 262 Legal Descriptions: Hawk County, Iowa. Page 32 of 262 For Office Use Only .2 Date Received: u �o Received by: 'pm Staff to rnakea copyt app icant « If «e 11 CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR.PROPER'I`Y'I:AX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMI'T'S URBAN REVITALIZATION AREA PLAIN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-fir 100%property tax exemption an the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CI,URA boundaries(a map of which can be obtained from the City of Waterloo Community Planting &Development Department.) 2. This application must be filed with City prior to the I"working,day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be tiled upon completion ofan entire protect requiring more than one year to construct ar complete, it providing prior approval has been granted by the City Council or County Board of Supervisors. -- -------------------------- - Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. II NAME: DS Rentals ADDRESS: PO Box 128,Cedar Falls,IA 50613 TELEPIIONE: 319-768-7235 DXI'E• 12/12118 i' A. What is the Address of the property being improved? 155 Harvey or,Waterloo,IA 56701 ..._....... What is the Legal Dever•iption of the property?(May be available at County Recorder's Office oil 2ii0 floor of the Courthouse) i Summerland Condo North First-Lot 8 B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) 1. New Construction it C. City of Waterloo Building and Inspections Department Information: 1 Permit Number: 2017-06020777 Date permit was issued: 12/29/17 Total permit(s)valuation: $200,006 i f D. What was the cost of the new construction? $230,000 r E. Estimated or actual date of completion of this new construction? 7/23/18 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility, j CITY OF WATERLOO OFFICE USE ONLY APPROVED DA'Z'ED: RESOLU'I°ION NO: DENTED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY __ ...........— APPROVED DA'T'ED: T.J.Koenigsfeld i DENTED Black Hawk County Assessor Page 33 of 262 /✓fr/i/iif�,r r%I%y�)✓�!�✓�/��������i'jj�l�/%✓i%b/��/'Atll'✓y4v I' r � � 1G 1%i r'l f lijr`�����'i�'i1✓�rl✓�F/('��flf��ii/�/������`��'�. /' r ��' ( 6✓iltf r� j✓i r//nr✓fi✓n f ✓i✓/�;/� r,' �s r�f//�l�l f Ilir '/)✓/✓//j�rlri rfr r/✓/if r!r r�f� i �/ri/i��✓vil i f✓��1�✓S/r�r/r���air✓✓/r`/✓l/l��/i1�/✓�M j ,! rJ��fll`f/f�y✓r��%fJlf/�iNUr�ir`//G/>rrlf/l�/rGv nig�/f%%✓✓✓/J, ✓Jr�✓v1/rro�1r��/rliif���l,✓Fv��f'ri r✓'rrj�(��✓Ji i✓//f��i� ✓��Ot%/✓`f�/r✓✓I��U�✓il�������1/�rYll rr,"f����;1FrJ�irl��Y�l� , � f Doll„,�r/jr�'ri✓r �`r✓tilt/� r��i r r �J/r��lt✓i���i'�ui'?a!� `�� P��/41�l�ai"������� �'1�^G � Iyry r✓,/rt r r r � „l d ' , 6u�✓� �/�r���i ��wt j l ra' )rr�/� f . r r ✓r r r rn ! jrr✓ f a mm.. /rr!„x�✓rf��y�'���'r��'��''`%'`/�✓//r'°;,;'�✓'`�/r�r`�✓`t' l "��f�� ✓1�, 155 Harvey Drive �° /FQ7���fp f�"/r��y rx`/J//✓!'i,/✓�lr/f/ r I?ry �l� G7t� r r� P J�✓ �'�. //i������r���,,//�1i�rNnrllr/�t�T�rr%j//�fr'Jrdi �I -i �dr r/✓f✓��fik0' ✓v,/✓vrrlr r/rf�y�/F%' �'r/�i/ 1,r!%�✓y%'/,��"� � � (r1✓`l;,lr�� �r �j% //I rn ✓f fr �/r'/fJk,.�/�r,r/i��✓J1rP//l(J�/�1y�'i� �r ���k/rfr;l�!✓�� � �' r u J I��''�r 1 � i� Jii;�✓��If//�IJ✓��✓rj�/�/,i;%'' � ` f;lJ, �1 ( � li r `i ' J�11�/!J: /i�fir:��/,r���f�%������( � ✓I lY�Illl,rll� 1�I)��I f ',;`v� � � /�,`:;�.MILLS LN`,;', r�rj�r?1'%//fa������r(,�l%I✓%(✓P�/ 'l- r r, ,?//� �r>1 ,I Q/� / j' / J , /f,�l rl///i/✓✓�j/��1/).11r..✓✓.a//.il J�' %�r'l��r�l��/ j�. 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M rn, sh. oa - he h p, p 9Yd df of o 100 200 4 VIS+ '✓�r f Nknvwk�nr— laofrnar �omWeM. add d tl � I ✓% Fee ,. CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 167 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°paaaannia g& .bona ing Sdircoederc, Axie Approved 1/2/2019 -5 p AM 1.`Ilcrrp Office 1 p igby, Na my Approved 1/2/2019 ... p p.54 AM ATTACHMENTS: Description Type C1,1JR.A. 167ll.arrve-yDilve Menio 4 I.J.-J: . 1.67 1l:arrrr`e.y ll)rM. Map t"ove.r l e.n-io Resolution approving the request of DS Rentals for tax exemptions on the SUBJECT: construction of a duplex valued at 5230,000 for property located at 167 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Summerland Condos North First Addition Lot 9, City of Waterloo, Black Page 35 of 262 Legal Descriptions: Hawk County, Iowa. Page 36 of 262 For Office Use Only Date Received: Received by: )�_J,7`11 Staff to make a copT far applicant CITY LIMITS URBAN RE VITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO IIAMILY DWELLINGS UNDER THE PROVISIONS OFTRE CITY LIMIT'S URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I'working day of February following the year when the improvements are completed to comply with the fintelitie of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon Completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council, Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: DS,Rentals SIGNiVI'URE: ADDRESS: PO Box 128,Cedar Falls,1A 50613 TELEPHONE: 319-768-7235 DATE: 12112/18 A. What is the Address of the property being improved? 167 Harvey Dr,Waterloo,1AS070 I What is the Legal Description of the property?(May be available at County Recorders Office on 2"`r floor of the Courthouse) Surnmeriand Cando North First-Lot 9 ------------ B. What was the nature of the improvernent(s)?(must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2017,00020781 Date permit was issued: 12/29117 Total perinit(s)valuation: $200,000 D. What was the cost of the new construction? $230,000 E. Estimated or actual date of completion of this new construction? 6/26/16 Note: City Council approval does not guarantee tax exemptions. The application triust be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. it CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED ---------------------- 11BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 37 of 262 r✓fr/i/ii r�,r r%I%y��✓���✓�J��f����rj j�l�/%✓i%b/��/�Apl'����v, I' , r � � 1G 1%i'l f lijr'������i�''J✓�rl✓�F/('��flf��ii/�/������`{�'�. /' r {�' ( 6✓ilt/r r/ j✓i r/c nr✓fi✓n f ✓i✓/,G/� r,' �s r�f'/�lr/!/ Ilii r/)✓/�/j��lri r1r r/✓rif r!r r�f� r �/ry/i�n�ti f✓��1Y,rS/''�r/r���af✓✓/n/✓l/IPS/ilrl/✓�M I „! rJ��frl`f/f�y✓r��%fJlfJ'iNUr�ir'//G/f'lf/l�/rGv nig�//%%✓✓✓//, ✓Jr�✓v1/rro�1r��/�iif���l,✓Fv��f'ri'✓/�(((��✓Ji i✓//f��i�" ��Ot%/✓`f�'✓✓I/6y�?�i✓��1����/r�rYilrr"f���afFrJf��u�ld I l r Otlln�r/j/�'ri✓ �fr✓Art,/ r� r l xr/r��lt✓%1+'�i'i�l i'?N� `�� P/r,��/�/��'��"��� ��� 1�'f�'(r � �y� r✓,/rtr ' r � „l d ' , lf�f✓;;fi��j��`r%o�l �i � ;II r /r,�l,�x�'�,�iy�'��,�''r�f'��''`%'/�✓//r'°;,;'�✓'`�/r�r`�✓`t' r �'��r�� ✓1�, 167 Harvey Drive �° i�'� r'jn%/r'i'/r r'J%r//y v�✓� rf r `�1�v n /FQ7���fp �r<l�b�/f//✓!'i>✓�lr1f/ r I�' llG' G� r r>7 P J�✓ ''ri'r. //iY�����r��n,,�//,1i�/Nnrllr/�t�T�r�y//,fr'l�dr �I -i �dr rJ✓f✓��fik0' d✓,/✓�rrlr r/rf Yy�/F%' �r r/�r/ !,r!%/✓y%'/��"r � � (r1✓`!;,{r�� �r �j% r/I rn ✓f fr �/{'/fJk,.�/nr,J/,��✓J1rP/rl(J+'�1y�'�� �' �f �(Ir 1�/�� f��a/✓✓f(✓ � � Irl �,�r,�'/fir l a;r; ��l'���aa��Jf! o,l✓/>�l��%✓st„�/'�✓ �l ! /' � �r I l if�fl� vlf, / ���'i�f!���rd%✓'��1�'�d�l�� Igo , 1 �a f y ,�r, ,�;�,1/� f ;,j �(�✓"!/Irfrl/„'�,�;;J rr��lrl✓r;� rr ' � � ' (�Yi �r /'r ( rl��rJ ,I�% ; /i�f/,{�:�f✓�r%�✓�!�i%�����'{�'{��d ,. � Y�Illj,r�I� 1������f. ,,r�. /,, r M '=;�' r /ir/,�, ���✓✓� Y'/ I l/I r r>1 ;'ad, ir/r i;! ;l.-,;�, ILLS LN`r' U„,jr/f,��l//ri/✓'�G�i'��✓�1D./✓✓�r l/ I J��%'f; r �(. . 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Pd BI H kC.-V. sl� Ptlf h Y 1-d d'I- Pd e ' 'flrJ/ff✓��tli7 i>�/f�l/rr'r;�/ ,th p tl ,O,,d by BI k H C ry Me n !( rn Cit v f P d, k fv , y/I/ill yll✓✓rjr`�!✓���✓i J'�iil✓� ti fif nqd M rh, Ih,ll 6{p Q 200 40 titleocoreteCnfir,-d-d., c'efo d`thte /j% 100 Fee CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 165 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°naaaannia g& .bona ing Sdircoederc, Axie Approved 1/2/2019 -50 AM 1.`Ilcrrp Office 1 p igby, Na my Approved 1/2/2019 ... p �.54 AM ATTACHMENTS: Description Type C1,1JR.A. 165ll.arrve-yDilve Menio 4 I.J.-J: . 1.65 1l:arrrr`e.y ll)rM. Map t"ove.r l e.n-io Resolution approving the request of DS Rentals for tax exemptions on the SUBJECT: construction of a duplex valued at 5230,000 for property located at 165 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Summerland Condos North First Addition Lot 9, City of Waterloo, Black Page 39 of 262 Legal Descriptions: Hawk County, Iowa. Page 40 of 262 For Office Use Only Date Receive& (5k 3 T-'-- 12 E.= Received by: Staffto make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPEKI'Y'I'AX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BYTIfECITY COUNCIL OF ITIE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 33-year 100 property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the I"working day offebrUary following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct 01'complete, providing prior approval has been granted by the City Council or County Board of Supervisors. ---__------------ Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18,2011 do not qualify. NAME: DS Rentals........ SIGNATURE: ADDRESS: PO Box 128,Cedar Falls,IA 50613 TELEPHONE: 319-768-7235 DATE: 12/12/18 A. What is the ildch-ess of the property being improved? 165 Harvey Dr,Waterloo,IA 50701 What is the Legal Description of the property?(May be available at County Recorders Office on 2"d floor of the Courthouse) Summerland Condo North First-Lot 9 ------------- --------------------- B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) ---------------- New Construction C. City of Waterloo Building and Inspections Department Information: Permit Number: 2017-00020780 Date permit was issued: 12129/17 Total permit(s)valuation: $200,000 D. What was the cost of the new construction? $230,000 E. Estimated or actual date of completion of this new construction? 6/28/18 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CI fY OF WATERLOO C)l'FICE USE ONLY ............ APPROVED DATED: RESOLUTION NO: DENIED BLACK.FIAWT�.COUN`T'Y ASSESSOR OFFICE USE ONtaY APPROVED DATED: T.J.Kocnigsfeld DENIED Black Hawk County Assessor Page 41 of 262 r✓fr/i/iif�,r r%I%y��✓�!�✓�/��������i'jj�l�/%✓i%b/��/'Atll'✓y4v I' r � � 1G 1%i'l f lijr'���✓�i�/JJ✓�rl✓�F/('��flf��ii/�/������`{�'�. /' r {�' ( 6✓iltf r� j✓i r/c nr✓fi✓n f ✓i✓/�;/� r,' �s r�f'/�lr/!/ Ilir r/)✓/�/j��lri r1r r/✓rif r!r r�f� r �/ri/i�n�%f✓��1Y''S/r�r/r���ai'✓✓/r`/✓l/l��/i1�/✓�M I „! rJ��fll`f/f�y✓r��%fJlf,aiNUr�ir'//G/f'lf/l�/rGv nig�/f%%✓✓✓//, ✓Jr�✓v1/rro�1r��/�iif���l,✓Fv��f'ri'✓/rr(�(��✓Ji i✓//f��i�" ��Ot%/✓`f�'✓✓I/6y�?�i✓��1����/r�rYilrr"f���afFrJf��u�ld I l r rrtl ia�r/j/�'ri✓ �fr✓tirt,� r� r l xr/r��lt✓%ln�i'i�l i'?N� `�� P/r,��/�i��'��"��� ��� 1�'f�'� � I y� r✓,/rtr ' r � „l d ' , lf�f✓;;fi��j��`r%O�l �i � ;II r /rr!„x�✓rr��y�'���'r��'��''`%'/�✓//r'°;,;'�✓'`�/r�r`�✓`t' r "��r�� ✓1�, 165 Harvey Drive �° /FQ7���fp �r<l�b�/f//✓!'i>✓�lr1f/ r I?ry llG' G7t� r r>7 P J�✓ ''ri'r. //iY�����r���,,//,1i�/Nnrllr/�t�T�r�j//,fr'lydr �I -i �dr rJ✓f✓��fik0' d✓,/✓�rrlr r/rf Yy�/F%' �r r/�r/ !,r!%/✓y%'/,��"r � � (r1✓`!;,{r�� �r �j% r/I rn ✓f fr �/{'/fJk,.�/�r,J/,��✓J1rP/rl(J+'�1y��r� �' �f �(Ir 1�/�� f��a/✓✓f(✓ � � Irl �,�r,�'/fir l a;r; ��l'���aa��Jf! o,l✓/�l��%✓st„�/'�✓ �l ! 1' � �r I l if�fl� vlf, / ���'�,�f!���rd%✓'��1�'�d�l�� Igo , 1 �a f y ,�r, ,�;�,1/>1 f ;,j �(�✓"!/Irfrl/„'�,�;;1 rr��lrl✓r;' rr ' � � ' (�Yi �r /'r ( fl��rJ,- ,I�% ; /i�f/,{�:�f✓���✓�!�i%������d ,. � Y�I llj,r�I� 1������f. ,,r� /„r r M '=;�' r /ir/,�, ���✓fff / l/I r r>1 ;'ad, ir/r i;! ;l.,;�- ILLS LN`,r' U„,lr/f,��l//ri/✓'�G�i'��✓�1D./✓✓�r l/ I J��%'f; r �(. . 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I� /r����'Cr()/�j('/r!I(��/�//� �� 1 J/ ✓l sl� Ptlf h Y 1-d dll-d P e ' 'fllJ/ff✓��tli7 i>�/f���rr'r;�/ ,th p tl ,O,,d by BI k H C ry Me n (/ Tlh Cit v f PI d, k fv P y/I/ill yll✓✓rl'r'�!✓���✓i J'�iil✓� ti owd M (h ( h. o h P. dv h P dyad- fbfyf he �r „��� ��� ��� ✓91 I:I a f u m r M /frlr. d v add d d h y!/ j y 's Offcaf raomplete / p�I B - 0 ,- Fee B d to nfirm CITY OF WATERLOO Council Communication Resolution approving the request of Louis and Tammy Hagarty for tax exemptions on the construction of a new single family home valued at $484,020 for property located at 1482 Audubon Drive, and located in the City Limits Urban Revitalization Area(C LURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°pnnnnun'rn g& Zo nirrng Sdircoederc, Axie Approved 1/2/2019 -5 p AM 1.`Ilcrrp Office 1 p igby, Namy Approved 1/2/2019 ... p p.55 AM ATTACHMENTS: Description Type C1,1JR.A. 1.482 Au.udu:uborn Drive Fora ri. Me nio 4 I.J.-J . 1.482 A.udubon p Drruve Map t."ove.r 1 e.n-nrrrr Resolution approving the request of Louis and Tammy Hagarty for tax SUBJECT: exemptions on the construction of a new single family home valued at $484,020 for property located at 1482 Audubon Drive, and located in the City Limits Urban Revitalization Area(CLURA) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Audubon Heights 6th Addition Lot 53 Page 43 of 262 ra-�3,0 CITY LIMITS URBAN REVITALIZATION APPLICATION 7 FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)allows property tax exemptions for newly constructed one or two family dwellings(single family homes or duplex/twin homes)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning&Development Department.) 2. This application must be filed with City prior to_the—l -working day of Fgbivary following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill aur the following infonnation for your application to be submitted to the City Council. NAME: /06L, r,frllmly)y deWllf- S1GNX1'UW,',-1"'""'1,:V V�! ADDRESS: w7 TELEPHONE: 317- Jel'e'l)- le(y-dj '3 DATE: /1.)- 10 A. What is the Adof the property being improved? J 11 !�2- L) What is the Legal Description of the property?(May be available at County Recorder's Office on 2"d floor of the Courthouse) A'Id,Lu/b Lall- iW l�W\� AY�-SS ....................- B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to quality) St n� I t vu-1-4A2 CAI f 3SIV 6-�14A-1 C. City of Waterloo Building and Inspections Department Information: Permit Number: (,v Date permit was issued: ~1 Total permit(s)valuation: AL D. What was the cost of tile new construction? OLD E. Estimate(]or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DATED: RESOIAJTION DENIED BLACK HAWK COLJNTY ASSESSOR APPROVED TED: Tauri McFarland DENIED Black Hawk County Assessor Note: City Council approval(toes not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk COL111ty Assessor's Office for criteria eligibility. Page 44 of 262 WP�vl1u � W� ✓ / � ��1 �iVpl�i I �� ''//�/'�j,�" I,i �,: �� � „��� I MI Iv „II I u VIII 1 1, ✓� r/ I� r 1, t��J � ✓ � rr 1 � i / 1 „I ' �t�ti III WI 1482 Audubon Drive �'� I d PALOMA-P or � J Hyl � �✓ // tr ��lo�,�� L r n C7 0]I U G��j/%/� //� s �/j rii✓/�r�/iI i %'��� 1 yJ0 �lupi � uuuuu'u'' M � � � /y � /��� //� ! ��l� � � iiii'lilllllllll�IIIIIIIIIIIIIIIIIIII,I,I,I I, //rY J 6 r/ i /� ✓�l //✓ Q Il. 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CITY OF WATERLOO Council Communication Resolution approving the request of Asim& Mersiha Mustedanagic for tax exemptions on the construction of a new single family home valued at$230,000 for property located at 1625 Bluewing Drive, and located in the City Limits Urban Revitalization Area(C LURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°n:tuunn'rng& Zonr ing Sdircoederc, Axie Approved 1/2/2019 -49 AM 1.`Ilcrrp Office 1 p igby, Namy Approved 1/2/2019 ... p �.55 AM ATTACHMENTS: Description Type C1,1JR.A. p62_`Blu.iienvinj.?,p::Drive Fouri. Menio CI.J.-JR.A. 1625 Bluewing Dir uve Map t."ove.r 1 e.n-io Resolution approving the request of Asim& Mersiha Mustedanagic for tax SUBJECT: exemptions on the construction of a new single family home valued at 5230,000 for property located at 1625 Bluewing Drive; and located in the City Limits Urban Revitalization Area(CLUR&) Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Audubon Hills First Addition Lot 8 Page 46 of 262 I For Office Use Only Date Received. Received by: Staff to make a co'l1 foipplrcant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER TRE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 3-year 100%property tax exemption on the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: 1. Be located within the CLTJRA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the Int working day ofFebruary following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council.Projects started prior to tine adaption date of July 18,2011 do not qualify. n pp ,, a r ' "�� ., L t ' NAME: l�.� 1 ' .l � ' t �:l�t�� � �l1u,x��'.t:� t� ����i�SIC�N'ATURE: (a ADDRESS: TELEPHONE: C�t' "< i " C,a ` � DA IE: A. What is the Address of the property being improved. dP1� - What is the Legal Descrirition of the proper ?(May be available at County Recorder's Office on 2"d floor of the Courthouse) B. What was the nature of the improvement(s)?(must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and.Inspections Department Information: Permit Number:p k. _ Date permit was issued 'Ibtal permit(s)valuatiott 0 �M > D. What was the cost of the new construction p L E. Estimated or actual date ofcom completion of new construction?�,,....�(�' .. .�,h�. C r:. 0 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. ----------- CITY OF WATERLOO OFFICE USE ONLY APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK.COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: T.J.Koenigsfeld DENIED Black Hawk County Assessor Page 47 of 262 Page 1 of 1 T l r Fahira Mustedanagic Spouse of Kasim Mustedanagic husband and wife 1.040 Hummingbird Circle Waterloo, IA 50702 1. Conveyance. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt(defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants,bargains,warrants, conveys and mortgages to Lender the following described property: Lot $, Audubon Hills First Addition to the City of Waterloo, Iowa 's located in Blackhawk County at Lot 8, Audubon [tills First Addition, Waterloo, Iowa _. e _rqpqKty 50702. ._ __.... Together with all rights, easements,appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches,and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as "Property"). NOTICE: THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF $150,000.00. LOANS AND ADVANCES UP To THIS AMOUNT,TOGETHER WITH INTEREST,ARE SENIOR To INDv,B,rEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 2. Maximum Obligation Limit. The total principal amount secured by this Security Instrument at any one time shall not exceed the amount stated above. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. Secured Debt and Future.Advances. The term "Secured Debt" is defined as follows: (A)Debt incurred under the terms of all promissory note(s), contract(s), guaranty(ies)or other evidence of debt described below and all their extensions, renewals,modifications or substitutions, The promissory note signed by Asim Mustedanagic and Mersiha Mustedanagic(the "Borrower') and dated the same date as this Security Instrument(the "Note"). The Note states that Borrower owes Lender one hundred fifty thousand and 00/100 Dollars(U.S. $150,000.00) plus interest.Borrower has promised to pay this debt in regular periodic payments and to pay the debt in full not later than April 15, 2019. (B)AII future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender after this Security Instrument whether or not this Security Instrument is specifically referenced or such future advances or future obligations are incurred for any purpose that was related or unrelated to the purpose of the Security Instrument. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred V01.1.1.4374 Mortgage Closed Errd-lA Bankers Systems^"VMP8 0312018 Walters Kluwer Financial Services Q 2014 2018071018.2.0.1557-.120180500Y Page 2 of 11 LA File Number: 2019-00 �Vfeq � 'r � 1�r�/ / ��i��rtirry���"s a 7r+h/r ou � �� ��'% ����'��yr"r�0 'yr�✓„;�'rd�r � ;' r���!� � { r: � rJ �, �l�Ir , /r'%u�� r r,?�riva rr ufr�ur/s�?' r�1 a,, �„�u �u;,,Xhi yrr����u ar�dh t�r�ry KI ✓fi^,�°'`���a l p r. .f' � � d✓, <`,!rs' '°4�yy�1✓�li %�� r� �rvlr�` �31'r^�ry�r��tf�.r,�+h rd ri �r !', C, � y, ". r�,��;,r ;�� r,r' %I s f,j r %/r%�/>%� F udd tyl�yp�" 1.,�f rf✓l�!� V��r r n°���'n��NW,�7!t;`n U�.�rrr��, n " r ' �. ''� � � r � .,r t r s I /,�lN�(lr/!�,i% r ��'���I m�' ,. �����? �,��r✓ ,�/Iri+ ,�a�r�,. 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A,�rr�rj✓rr�jf�tV�f �;, � � '/ � ;; �frr "" lrrf' h'rr ufld�l,"I'�sr✓�rrrvrFr9`r✓iyk�jruf�`rr�r� v`�i�,r"{wP�I�Y,r�����1"d', "��W� if r,� � � �.��. l ll�fl� r �)��rY rl! eJ i er! �r s ✓�/✓ l r/�/io/� � �' r✓✓ir u�l�l/�u�Fr 1si✓,,r ✓ ✓✓rrrn ✓ � ��iti�"��r ���ir�rr%/ur�uJ �. .�,� r 7 d rr/✓d✓1 ✓r ✓ r "rr ✓ r rad { ✓✓rl yrrrder /���' ., ' ,,, ;r'f"�r r'rj;r ,�„✓✓,✓.i✓i i�;.�Jr�i�ir�irrf6rr 4r�>rrrr,�'��;�r2�tk/�i � z NeseBa map data sou ce's Black HawkC ry T-mapdoes not apresenta survey t tifY eyhesmad for the aruuacy of the dat d tneated here n, W f' expressed or,O,,d by Black Hawk County,the 00 aleck He vk County A--,,k,, or ihe'r employees rfr J j T, City--d,omakes no warranty, p o In t d. ih curacy oftde', h h, , d pres9yd 1dr-rt bfyf he 100 200 400 acYth a`users shoultl referm oflc al {lass mays,r-r-deeds,eta.located at me Bleak HawkCounty Assessors Offme fur-plate , nd Fee aagnate Inco-,- CITY OF WATERLOO Council Communication Resolution approving the request of C&S II for tax exemptions on the construction of a new commercial building valued at$768,154 for property located at 194 W I lth Street, and located within the Consolidated Urban Revitalization Area(CURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 11 p:t::rn'rng& Zonm ing Schroeder, A.rie Approved 1/2/2019 -49 AM (-'Ilerk Office p p igby, 114amy Approved 1/2/2019 ... p p.55 AM ATTACHMENTS: Description Type C IJR A. 1.94 ' 11 tprr °arr a ct Forr rrii. M c nio (1JR.A. 194 W 11 t1i Stre.e.t Map Covc.r Me.n-i rr Resolution approving the request of C&S II for tax exemptions on the SUBJECT: construction of a new commercial building valued at $768,154 for property located at 194 W 11th Street, and located within the Consolidated Urban Revitalization Area(CURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Resolution approving CURA application from C&S II for the construction Recommended Action: of a new commercial building valued at$768,154 for property located at 194 W 11th Street, Waterloo, Iowa 50702, and authorize the Mayor and City Cleric to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this Summary Statement: application and feels that the project qualifies for exemptions from taxes on the actual value added to residential property under the Consolidated Urban Revitalization Area. Expenditure Required: None Source of Funds: N/A Strategy 3.8: Continue efforts to foster new investments and development in Policy Issue: the City's Urban Renewal Areas (TIF Districts) and Consolidated Urban Revitalization Area(CURA). Alternative: N/A Legal Descriptions: The Southeast 22.4 feet of Lot 8 and all of Lot 9 in Auditor Francis Baker Addition to the City of Waterloo, Iowa. Page 50 of 262 y 1 CONSOLIDATED URBAN IIEVITALIZA;I'ION APPLICATION o� � IVI FOR PROPER"T"Y TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDA'FED URBAN REVITALIZATION AREA PLA ` d � 3 ADOPTED BY,rHE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CORA)allows property tax exemptions on improvements to pr rty located° qe within its boundaries that meet the following criteria: 40 I. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the valuIT commercial property if a building was previously on the site. If commercial property was previously vacant,all D value added by the improvements is eligible for tax exemption. 2. Be located within the CUBA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development'Department.) 3. This application must be filed with City prior to the I S`working day of February following the year when the improvements are completed to comply with the timeline of the State Cade of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has bee granted by the City Council orunty Board ojf Supervisors. Please fill out the follawir7g information for your application to be submitted to the Ci ,,�/ouncil. NAME: % t"mow) SIGNATURE: ADDRESS: �(ALk- JJ TELEPHONE: 211 Cl -213LV a21 - - DATT A. What is the rlcich•ess of the property being improved? W A � lC 'T. " `- What is the Legal Desc"ripivn of the property?(May be available at County Recorder's Office on 2"`�floor of the Courthouse)? (16e-C B. Indicate desired exemption schedule: ('1 or-2) I. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year-----------80% d. Fourth Year-------50% g. Seventh Year------30% b. Second Year------70% e. Fifth Year---------40% h. Eighth Year--------30% c. Third Year---------60% f. Sixth Year---------40% i. Ninth Year---------20% j. Tenth Year---------20% C. What was the nature of the improvement(s)? D. City of Waterloo Buildin and Inspections Department Information tkC ren p flrrr t _._ P ( ) tlrs t fw n" � � Permit Number: Date permit was issued: O2 1 Total ermit s valuation: ,.- r u�t' E. What was the cast of"the improvement?,*, — F. Estimated or actual date of completion of these irnprovernents?_A1 ` G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes No i CI"T"Y OF WATERLOO Y APPROVED DATED: RESOLU'T'ION NO: DENIED BLACK HAWK COUNTY ASSESSOR T.- APPROVED DAT"ED: Tarni McFarland DENIED Black Hawk County Assessor Note: The improvements to your horne or business may riot change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 51 Of 262 r Page l'of 1 F THE USE OF Officiaall Form No 106 BAR ASSOCIATION Hugh M. Field ISBA 4 BL0001583 FOR THIS FORM,CONSULT DYOUR LAWYER SXA7� QUIT CLAIM DEED 'sS�C'In'CtQ�' For the consideration of One Dollar(s)and other valuable consideration, George A. Cooley and Catherine J. Cooley, husband and wife do hereby Quit Claim to C & S PrUerties L C all our right,title, interest, estate, claim and demand in the following described real estate in Black Hawk. County, Iowa: The East 125 feet of Lot 14, except the North 135 feet in McLendon Addition in Black Hawk County,Iowa and The Southeast st 22.4 f Lot 8 and all of Lot 9 in Auditor Francis Baker Addition to the City of aterloo h 22 4eet a and All of Block 5 in Does Addition to the City of Waterloo,Iowa, except that part to the City of Waterloo as described in CLD B 635 P 910 and Lot 1 and Lot 2 and the Southeast 30 feet of Lot 3, all in Block 6, Does Addition to the City of Waterloo, Iowa and The Northwest 30 feet of Lot 3, Lot 4 and Lot 5 all in Block 6 and the vacated alley adjacent to said lots in Does Addition to the City of Waterloo, Iowa Exempt from Revenue Stamps, Declaration :of Value and Groundwater Hazard St~ pursuant o 4 BA.J(1,5) aeO� he undersigned hereby relinqulsnes all rights of power, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment here f hall be co trued as in the singular or plural number, and as masculine or feminine gender, according tvtAe context. Dated: luw 'Y O, x v 0 G Ge o (Grantor) -054.94,1V/4" Catherine J. Cooley (Grantor) i STATE OF IOWA (Grantor) COUNTY OF BLACK HAWK This instrument was acknowledged before me on (Grantor) by George A. Cooley and Catherine J. Cooley® husband and wife (Grantor) (Grantor) WOW -_ N ary Public am 6 �g nter(s)only) (Grantor) 0 The Iowa State BarAssoclation 2005 106 QUIT CLAIM DEED IOWADOCSQD Revised June 2005 File Number: 2007-0 99 2 f o I JI/ III ; r , uI l�f�ll�Il 11 l'iii I / G° h J f 1 i SII / VI` � IS �I Ih II 11 Ilry�pl ,I ym I I � � I YI r i I / rm y a B e map data sou BI—Hawk C.—V. msmep does�uv p mey r err �edit,t, f vn ae�dr dare &„dk �C... ty AdCit'lfkVltldll ktlbr B.,(H,pi,y—. B ^ r,p. dyad q-msr tirrf,,th, I00 200 r h of. Id ecfert f!al d v rc d add .lo d Ap6k el kH wk ma — slurs Offme fur complete Fee � ,,d h�orm III; CITY OF WATERLOO Council Communication Resolution approving the request of DS Rentals for tax exemptions on the construction of a duplex valued at $230,000 for property located at 157 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date 1°naaaannia g& .bona ing Sdircoederc, Axie Approved 1/2/2019 -50 AM 1.`Ilcrrp Office 1 p igby, Na my Approved 1/2/2019 ... p �.56 AM ATTACHMENTS: Description Type C1,1JR.A. 1.57 7 ll.arrve-y Dilve Me nio 4 I.J.-J: . 1.57 7 1l:arrrr`e.y ll)rM. Map t"ove.r l e.n-io Resolution approving the request of DS Rentals for tax exemptions on the SUBJECT: construction of a duplex valued at 5230,000 for property located at 157 Harvey Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Approval. Recommended Action: The Planning, Programming, and Zoning Coninussion staff has reviewed this Summary Statement: application and feels that the project qualities for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA)housing program. Alternative: N/A Background Information: N/A Summerland Condos North First Addition Lot 8, City of Waterloo, Black Page 54 of 262 Legal Descriptions: Hawk County, Iowa Page 55 of 262 For Office Use Only r i Date Received: I'T/IL"' Received by:_,,5,E itt� Staff to make a copy far applicant CITY LIMITS URBAN REVITALIZATION APPLICATION t APPLICATION FOIL PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE Olt TWO FAMILY DWELLINGS UNDER'ITIE PROVISIONS OF THF;CITY 1AMITS URBAN REVITALIZATION AREAPLAN ADOPTED BY THF.,CITY COUNCIL,OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area(CLURA)is a 1-yggr 100°/q property tax exemption an the actual value added for new construction one or two family dwellings(single family homes or duplex/twin homes only)that meet the following criteria: I. Be located within the CLURA boundaries(a map of which can be obtained Pram the City of Waterloo Community Planning &Development Department.) 2. This application must be filed with City prior to the 1st working of February following the year when the improvements. are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption (late of July 18,2011 cto not qualify. NAME: DS Rentals SIGNATURE: i= ADDRESS: PO Sox 128,Cedar Falls,IA 50613 TELEPHONE: 319-768-7235 Df'l rE: 12/12/18 f A. What is the Adclr•ess ofthe property being improved? 157 Harvey Dr,waterloo,IA 50701 What is the Legal Description of the property?(May be available at County Recorder's Office on 2"'1 floor of the Courthouse) Surnmerland Condo North First-Lot 8 B. What was the nature of the irnprovernent(s)?(must be single family homes or duplex/twin homes to qualify) New Construction C. City of Waterloo Building and Inspections Department hil'ormation: Permit Number: 2017-00026779 Date permit was issued: 12/29/17 Total permit(s)valuation: $200,600 D. What was the cost of the new construction? $230,000 f i E. Estimated or actual date of cornpletion of this new construction? 7/23/18 y Note: City Council approval does not guarantee tax exemptions. The application trust be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility, CITY OF WAI"ERLOO OFFICE USE ONLY APPROVED DATED: RESO:L,UTION NO: DEN:I ED BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DATED: f T.J.Koenigsfeld DENIED Black Hawk County Assessor J Page 56 of 262 h 1 r✓fr/i/ii r�,r r%I%y�)✓���✓�'��f����rjj�l�/%✓i%b/��/)Apl'rrvr��v, I' , r � � 1G 1%i r'l f lijr`�����'i�'iJ✓�rl✓�F/('��flf��ii/�/������`��'�. /' r ��' ( 6✓iltf r r/ j✓i r//nr✓fi✓n f ✓i✓/,G/� r,' �s r�f//�lr/!/ Ilii '/)✓/✓//j�rlri rfr r/✓/if r!r r�f� i �/ri/i���li f✓��1�,rS/''�r/r���air✓✓/r`/✓l/l��/i1�/✓�M j ,! rJ��fr�`f/f�y✓r��%fJ/fJ'iNUr�ir`//G/>rrlf/l�/rGv nig�//%%✓✓✓/J, ✓Jr�✓v1/rro�1r��/rliif���l,✓Fv��f'ri r✓'�(((��✓Ji i✓//f��i� ✓��Ot%/✓`f�/r✓✓I��U�✓il�������1/�rYll rr,"f����;1FrJ�irl��Y�l� , � f Orlln�r/jr�'ri✓ �ir✓Alt/J r��i r r �J/r,��lt✓����,ui'?a� `�� P��/4(���a'"�� ��� �'1�^G � �sry r✓,/rt r r r � „l d ' , 6u�✓� �/�r���i ��wt j l ra' )rr�/� f . r r ✓r r r rn ! jfr✓ f a mm.. /',�l,�x�'�,�iy'w'��,�''r�f'��''`%'`/�✓//r'°;,;'�✓'`�/r�r`�✓`t' l �'��f�� ✓1�, 157 Harvey Drive �° �f'� r'jn%/r'i�/r r'J%r//y v�✓� /f r `�1�v n /FQ7���fp �rl�l�/f//✓!'i,/✓�lr/f/ r I?ry �l� G� r r� P J�✓ �'�. //i������r���,,�//�1i�rNnrllr/�t�T�rr%y//�fr'J�di �I -i �dr r/✓f✓��fik0' ✓v,/✓�rrlr r/rf�y�/F%' �'r/�i/ 1,r!%�✓y%'/��"� � � (r1✓`l;,lr�� �r �j% //I rn ✓f fr �/r'/fJk,.�/�r,r/i��✓J1rP//l(J�/�1y�'i� �r f��%�/✓�jl'i/')��'✓✓`r�/���/ il��q,�rl�^ J�I ' ) �1°��r�r�� �f ���k/rfr J�!✓�� � �' r u J I��''�r 1 � i� J ii;�✓��I f//�IJ✓��✓rj�/�/,i;%''j��� ` f;lJ, �1 ( � li r `i�' J�11�/!J: /�i�fir:��/,r���f�%������f� ,� ✓I lY�Illl,rll� 1�I)�°'I f ',;'v� � � /�,`:;�.MILLS LN`,;', /"����U/%//fi�����i(�l%I✓%(✓P�/ 'rl- r r, ,?//� �r>1 I Q/� / �' / J , /f,�l rl//n/✓✓�j/��1/).11r..✓✓.,l//.il J�' %�r'l��r�l��/ j�. 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City Council Meeting: 1/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date f1.ousitng AiO,Iiorky Mayers, Sonm a Approved G /17/201 .... tl 0.48 AM (.'11erk Op'pnce ipipp") > 114armcy Approved 12/2'7/2018 ... 954 AM ATTACHMENTS: Description Type llerso ntn(d pZrw,ip.illsilrlorn Forrnu Covet Menlo l)ersornn k.1 Retptii t6 i0rn QUCw$d0f1rN1i1rc; ("over Memo Job Descripflott Cove.r Me.rno Recommendation of appointment of Richard Kirby from the Civil Service SUBJECT: list, to the position of Housing Maintenance for the Housing Authority. effective January 8, 2019. Submitted by: Submitted By: Julie Dawson, Housing Authority Director Recommended Action: Approval Source of Funds: HUD Federal Grant Page 58 of 262 RECEIVED SEP 18 2018 PERSONNEL REQUISMON FORM Check as applicable: To start recruiting or civil service process and/or To r ill a vacancy El Active Civil Service List Expires: _ A proposed job description and questionnaire RM accompany this form at time of submission to Human Resources. Position Title, Maintenagge Department: Housing Authority Reports To: Julie Uaws—onLovan Jackson Work Location: Ridgeway Towers ltmployment 5(Ek 9 Regular Full Time [:]Temporary Full Time from to rl Regular Part Time [I Temporary Part Time from to E] Regular 7-Month Intern/Co-op Student from to T=of Positij2n: Recommoded RecruitmSflLSDUrces: Civil Service Position: 0 Yes Q No 0 Internal Posting Only Bargaining Position: El Yes Z No 19 Internal Posting and External Advertising Bargaining Group: _ Non-bargaining Position. Yes n No Complete the following if the requisition is to rill a vacancy. ❑ New Position or 0 Replacement Position fornit Jackson,(pmmotet!to lamectorAlaint.Supgryisor) (SPcdrYatone"aatd titic0ffomes incumbeis) Date incumbent terminated employment: 7/1(918 Date of final payout: N/A Anticipated start date: A-SAP,No.ofhours1week:AQ "Work schedule: aining 8-hoprIduring nights and w kerldsligingo-ded. Justification of need for position: Maintenance and upkeep of this city-owned building is imperative to maintain not only resident satisfaction,but continued funding from HUD. What are the likely consequences if the position is not filled? Deterioration of this city-owner building;complaints to the Mayor,reduced funding from HUD. APPROVALS Annual salary requirements: Hourly Rate:S2-1.93($.SO mise 6 Mos& 12 mas Benefits: (Pwwl gates,PAS*beam ins,awning family) Is position budgeted for this and future FYs? 0 Yes 0 No If no,how will position be funded? Approved subject to the Mowing conditions: W"A", Su6-Mitting DqwUncnt Read V* I ihrtc Ch' Chi Financial OM D04 6Mu2mm ZRcsoum=D;Irwo ;ZN� " /.4- 4-zic UM2n RMUM-0 Commit d Chain emn Date 'COPY Otoul 8178014 Page 59 of 262 PERSONNEL REQUISITION Housing Maintenance The following questions are provided as guidelines to assist you in developing your rational for the position of Housing Maintenance in the Housing Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Maintenance at Ridgeway Towers Apartments, including preventive maintenance and custodial duties, both inside and out. Responding to tenant requests for repairs. On-call nights, weekends and holidays for emergencies, as well as for sidewalk snow removal. Makes minor repairs to HVAC systems, plumbing, electrical. Shows apartments to prospective tenants and makes ready for re- rental, including painting, minor carpentry, etc. Works with 3'd party vendors for flooring, carpet cleaning, pest control, etc. May be called upon to get bids from vendors for small projects. (2) Can the job responsibilities of this position be assigned to other employees within the department? No. If no, why not? This job is a full-time+position. Ridgeway Towers is a 50-unit building built in 1976. There is never a shortage of repairs/maintenance/cleaning to be done. Another employee could not do this job on top of their own. The previous incumbent in this position had been called upon to conduct Section 8 inspections due to long-term disability/death, thus we have had a temp through Express Services since February of 2018. (3) How is the work of this position being accomplished now? Temp working 32 hours/week through Express Services. Dana Jackson Oust hired as Inspector/Maintenance Supervisor) is still doing the on-call portion of the job. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes, (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? As stated previously, this is a 40-year-old building with many maintenance needs. In order to satisfy residents in this city-owned building, we must have full-time maintenance to avoid complaints to the Mayor's office or HUD. Additionally, if REAC inspections scores are low, it can result in decreased funding from HUD. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled?No savings but, as stated previously, this position enables us to keep our Operating Subsidy through HUD. Page 60 of 262 (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? N/A (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. We have had a major increase in the number of vouchers on the Section 8 program since 2015, thus dramatically increasing the number of inspections to be completed. With the inspector's demands so much higher, there is less time for him to spend at Ridgeway Towers assisting maintenance. (9) If this position is not filled, what affect will it have on your department? It would be extremely detrimental to our department as we would have to deal with lots of complaints from residents, and would probably have to hire vendors to complete much of the work down by Housing Maintenance. What work will not get done? Preventive maintenance would suffer, as we would only be able to react to problems, instead of actually keeping up with maintenance. What costs will you incur? Higher costs using vendors to complete repairs, instead of this position. Please be as specific as possible. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation?The Inspector/Maintenance Supervisor covers on an as-needed basis. General custodial is cut to a bare minimum during these times. (11) Is it possible that the City could outsource this position to an outside agency? No, because we need someone with a general knowledge of many maintenance responsibilities, as well as custodial. This position also needs a rapport with the elderly residents and needs to be on-call. If so, what savings, if any, would the City realize as a result of this change?N/A (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you?Just as important. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? According to the Strategic Plan, Strategy 3.11 includes housing that fits the demographic needs of the community. As Ridgeway Towers is an elderly-only building, we serve an important(and growing) population. Additionally, as this is public housing, it is likewise serving very low and extremely low income persons in our community. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 61 of 262 Submit resume by going to www.cilyofwaterlooiowa.com clicking on Job Vacancies, reviewing the Housing Maintenance 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 a time and date to be determined CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA. OPEN EXAMINATION HOUSING MAINTENANCE DEPARTMENT COMMUNITY PLANNING & DEVELOPMENT WATERLOO HOUSING AUTHORITY SALARY $21.03 per hour with $.50 increases after 6 months and 1 year FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES Semi-skilled maintenance position responsible for the completion of a variety of maintenance and labor activities on property and housing awned and/or operated by the Waterloo Housing Authority. The work is performed under the general direction of the Inspector/Maintenance Supervisor and Waterloo Housing Authority Director, but leeway is given for the exercise of independent judgment. May direct the work of temporary or seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS 7. Responds to tenant complaints, questions and (Illustrative Only) requests for service promptly and respectfully or These functions are considered essential for successful refers them to appropriate person. performance in this job classification. 8. Works in cramped or difficult to reach areas. 1. Assists in performing minor HVAC, plumbing, carpentry and electrical repairs on housing 9. Works from ladders, scaffolds or man-lift up to awned and/or operated by Waterloo Housing twenty feet high. Authority. 10. Lifts and carries items weighing up to 40 pounds 2. Assists in general upkeep of grounds. on a frequent basis; occasionally carries items such as bags of salt or air conditioning units 3. Performs general custodial duties such as weighing up to one hundred pounds with painting, cleaning and light repair on housing assistance. owned and/or operated by the Waterloo Housing Authority as assigned by the 11. Works inside and outside; works in all weather Inspector/Maintenance Supervisor. conditions; walking surface may be uneven, wet, muddy or slippery; work environment may be 4. Shows vacant apartments to prospective tenants, dirty; works around mechanical and electrical inspects apartments with tenants and prepares hazards; operates tools and equipment that cause apartments for new renters. vibration; mobility is limited at times. S. Uses hand and powered tools to perform 12. Moves physically from one Housing Authority maintenance and repairs. facility or property to another with tools and equipment; operates passenger-type vehicle, 6. Communicates with tenants, Housing staff and snow blower, powered and hand tools and the public orally and in writing. shovels snow. Page 62 of 262 13. Responds to maintenance emergencies on 10. Ability to read and understand chemical hazard weekends, evenings and holidays,as assigned. labels and safely work with hazardous chemicals found in household cleaners and pesticides. 14. Performs work of a repetitive nature and varied workload pace. 11. Ability to work with people from a broad variety of social, economic, racial, ethnic and 15. Works independently and with others with educational backgrounds including being minimum supervision. sensitive to the needs of elderly and disabled tenants. 16. Attends work regularly at the designated place and time. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 17. Performs all work duties and activities in accordance with City policies, procedures and 2. Minimum one year experience in light building OSHA, City and Community Planning & maintenance and general custodial work Development rules and regulations. OR Any equivalent combination of training and 18. Performs all other related duties as assigned. experience that provides the knowledge, skills and abilities necessary to perform the essential REQUIRED KNOWLEDGE & ABILITIES functions of the position. I General knowledge of boiler operations, electrical, plumbing, carpentry and HVAC 3. Must possess and maintain Iowa Driver's maintenance. License and good driving record based on City of Waterloo driver performance criteria. A 2. Knowledge of occupational hazards and safety candidate with any of the following will not be precautions necessary when performing building considered for employment: loss of license for and grounds maintenance and custodial any reason during the period of candidacy for operations and ability to observe appropriate employment, if the candidate remains without a safety precautions. valid, current license for the position when the City issues an offer of employment; loss of 3. General knowledge of standard practices, tools, license, plea of guilty, plea of no contest or its terminology, materials and procedures involved equivalent or conviction for OWI, reckless in building maintenance and custodial driving or other major moving violation within operations. the previous five years; four or more citations for moving violations within the previous three- 4. Ability to train, schedule and direct the work of year period, excluding speeding violations of 10 temporary or seasonal employees. mph or less over the posted speed limit; three or more citations for moving violations within the 5. Ability to make decisions based on Housing previous one-year period. After regulations and standard operating procedures. appointment to the position, disciplinary action or continuing employment status may be 6. Ability to complete daily work logs and reviewed for the following: four or more maintenance records. moving violations within the previous three years, three or more moving violations within 7. Ability to read the English language and the previous one year or loss of license or communicate with tenants, staff and the public conviction for OWI, reckless driving or other orally and in writing. major moving violation within the previous five years; two or more at-fault accidents 8. Ability to complete assigned work projects within a three-year period while driving on without direct supervision. City business; three or more at-fault accidents within a three-year period. An applicant's 9. Ability to communicate effectively and maintain driving record will be reviewed prior to an working relationships with tenants, coworkers offer of employment and at least annually and supervisors, give and receive instructions after hire. and perform required record keeping. Page 63 of 262 ESSENTIAL PHYSICAL ABILITIES 3. Following a conditional offer of employment, The following physical abilities are required with or the City of Waterloo requires a physical without reasonable accommodations. examination by a physician of the City's choice, including a drug test, to determine if an I. Sufficient personal mobility to stoop, kneel, applicant is capable of performing the essential reach, turn, crawl, climb or crouch during functions of this job classification. Failure to extended periods of time in cramped or difficult pass these tests will result in withdrawal of to reach areas. employment offer. 2. Sufficient strength and stamina to perform 4. Must submit to and pass Civil Service strenuous activity up to eight hours per day examination procedures including a panel including carpentry, HVAC,electrical, plumbing interview. and other general building and grounds maintenance and repair duties and to perform WORK SCHEDULE assigned tasks include lifting and carrying up to 8:00 a.m. to 5:00 p.m. Monday-Tuesday; 8:00 a.m.-3:00 forty pounds without assistance or additional p.m. Wednesday-Thursday; 8:00 a.m.-Noon Friday; one weight with assistance. hour unpaid lunch on full work days. Remaining 8 hours worked during nights and weekends as needed. 3. Sufficient speech and hearing that permits the Must respond to emergency calls on weekends, evenings employee to communicate effectively with other and holidays. workers and tenants in person or over a telephone, to understand verbal instructions, to EXAMINATION INFORMATION respond to questions from the public, to All qualified applicants who apply by the deadline date diagnose equipment malfunctions and to safely will be required to appear before an interview panel operate equipment and tools. consisting of a minimum of three people who have expertise in the areas being tested. An individual must 4. Sufficient depth perception, distance and receive a minimum average score of sixty points out of peripheral vision to safely operate vehicles and one hundred to achieve a passing score on the interview. equipment in all weather conditions; sufficient The top applicants, as ranked by their score on the dexterity to safely operate powered and manual interview, will be the individuals placed on the certified construction tools and equipment. list. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one 5. Sufficient color vision to identify indicator lights additional point per full year of employment up to a on electronic control panels, electrical wiring, maximum of five points added to their final score. heating, cooling and plumbing pipes. Honorably discharged men and women from the military or naval forces of the United States who qualify per 6. Sufficient personal mobility that permits the provisions of Chapter 35 of the Code of Iowa and who employee to move physically from one City or are citizens and residents of the United States shall have Housing Authority facility or property location five additional points added to their final score upon to another with tools and equipment. submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected 7. Sufficient manual dexterity and grip/grasp disability. Employment is contingent on passing a ability to use hand tools and powered tools for background investigation on any applicant being general maintenance and repair of buildings and considered for this position. grounds. INTERVIEW DATE MISCELLANEOUS Qualified candidates who apply by the deadline date will I. Must wear personal protective equipment such be notified of the time, place and date of the interview. as safety shoes, safety glasses and hearing protection as required by specific job duty. A.A./E.E.O. Minority, female& disabled individuals are 2. The City of Waterloo will conduct a background encouraged to apply. investigation including employment, education and criminal history checks on any applicant HOUSING MAINTENANCE DESCRIPTION 18 October 2018 being considered for this position. Page 64 of 262 CITY OF WATERLOO Council Communication Riverfront Stadium Group Seating Boxes Project City Council Meeting: 1/7/2019 Prepared: 11/6/2018 REVIEWERS: Department Reviewer Action Date p u,nsi n•e Sec-✓pces fluut:nf,;, Pnnu;up Approved G G/'7/20p8 ... 0-09 AM C lIerk Office 1" an icy Approved G2/4/2018 ... 11.24 AM ATTACHMENTS: Description Type ppnum Covet leen/no Sjr.) ,ciifiica loris Covet et Menlo D p:id 'p'a�p:Lda d icn Batckijipn Materiall Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirining approval of plans, specifications, form of contract etc. Resolution authorizing to proceed. Motion to receive and file and instruct the City Clerk to read bids and refer to Director of Leisure Services for review. Submitted by: Submitted by: Travis Nichols, Facilities/Project Manager Recommended Action: Summary Statement: This project involves the construction of group seating boxes at Riverfront Stadium located at 850 Park Road. Expenditure Required: $110,600 Estimate Source of Funds: Cedar Rapids Ball Club Inc. Donation $75,600 G.O. Bonds $35,000 This project is improving city parks. Therefore it supports City of Waterloo Policy Issue: Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Alternative: N/A Page 65 of 262 Cn 0 ~ LU � Z � Q � � 0010, Qo LU O W :E 0 0u CO I rl- > � Qw 00 r) C� < r o LU f LU i LL LL i LL, O 0 Lq Q-3 cf) Z s` CO 67 LU c I i __. LU Z W /6 Z t CL W (n of _ Lu O CU U � g z LL m � LL 025 0 LU w ¢ U Cry U w z � z m Lu ODQ Y N U LU N O � LU i 0 U) LL � Z r LL, 7 Z 09 LU 4. 110 H (n w N PROJECT MANUAL FOR: CITY OF WATERLOO RIVERFRONT STADIUM GROUP SEATING BOXES PROJECT WATERLOO, IOWA BID DOCUMENTS 02 NOVEMBER 2018 INVISION PLANNING I ARCHITECTURE I 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 70 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 71 of 262 DOCUMENT 00 01 07 SEALS PAGE I hereby certify that the portion of this technical submission described below was V ���� s���n„�� %, prepared by me or under my direct supervision and responsible charge. I am a duly Licensed Architect under the Taws of the State of Iowa. MICHAEL R Michael R Broshar BROSHAR 02463 r Signature Date 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 0001 07 City of Waterloo SEALS PAGE INVISION#18091 1 of 1 Page 72 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 0001 07 City of Waterloo SEALS PAGE INVISION#18091 1 of 1 Page 73 of 262 TABLE OF CONTENTS DIVISION 00-PROCUREMENT ANDCONTRACTING REQUIREMENTS 0001 07 Seals Page 0001 10 Table of Contents Notice to Bidders Notice of Public Hearing 0021 13 Instructions to Bidders 0041 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 -GENERAL REQUIREMENTS 01 1000 Summary 01 2000 Price and Payment Procedures 01 2300 Alternates 01 3000 Administrative Requirements 01 4000 Quality Requirements 01 5000 Temporary Facilities and Controls 01 6000 Product Requirements 01 6001 Substitution Request Form 01 7000 Execution and Closeout Requirements 01 7800 Closeout Submittals END OF SECTION Riverfront Stadium Group Seating Boxes Project 0001 10 City of Waterloo TABLE OF CONTENTS INVISION#18091 1 of 1 Page 74 of 262 THIS PAGE INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 0001 10 City of Waterloo TABLE OF CONTENTS INVISION#18091 1 of 1 Page 75 of 262 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 76 of 262 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 77 of 262 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 forwhich 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 78 of 262 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 JPage 79 of 262 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 6' 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 80 of 262 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 81 of 262 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 0021 13 City of Waterloo INSTRUCTIONS TO BIDDERS INVISION#18091 1 of 6 Page 82 of 262 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 0021 13 City of Waterloo INSTRUCTIONS TO BIDDERS INVISION#18091 2 of 6 Page 83 of 262 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 0021 13 City of Waterloo INSTRUCTIONS TO BIDDERS INVISION#18091 3 of 6 Page 84 of 262 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 0021 13 City of Waterloo INSTRUCTIONS TO BIDDERS INVISION#18091 4 of 6 Page 85 of 262 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 0021 13 City of Waterloo INSTRUCTIONS TO BIDDERS INVISION#18091 5 of 6 Page 86 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 0021 13 City of Waterloo INSTRUCTIONS TO BIDDERS INVISION#18091 6 of 6 Page 87 of 262 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 17th7 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 0041 00.01 City of Waterloo FORM OF BID OR PROPOSAL INVISION#18091 Page 1 of 2 Page 88 of 262 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 0041 00.01 City of Waterloo FORM OF BID OR PROPOSAL INVISION#18091 Page 2 of 2 Page 89 of 262 INFORMATION NEEDED FOR IOWA CONSTRUCTION SALES TAX EXEMPTION CERTIFICATE CONTRACTOR NAME: ADDRESS: (Check One) PRIME SUBCONTRACTOR FEDERAL ID#: PROJECT NAME: PROJECT CONTRACT NO.: DESCRIPTION OF WORK: ❑ Brickwork ❑ Landscaping ❑ Carpentry ❑ Painting ❑ Concrete ❑ Paving ❑ Drywall-Plaster-Insulation ❑ Plumbing ❑ Electrical ❑ Roofing-Siding-Sheet Metal ❑ Excavation/Grading ❑Windows ❑ Flooring ❑Wrecking-Demolition ❑ Heavy Construction ❑ Other(Please specify) ❑ Heating-Ventilating-Air Cond. Riverfront Stadium Group Seating Boxes Project 0041 00.02 City of Waterloo SALES TAX EXEMPTION INFORMATION FORM INVISION#18091 Page 1 of 2 Page 90 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 0041 00.02 City of Waterloo SALES TAX EXEMPTION INFORMATION FORM INVISION#18091 Page 2 of 2 Page 91 of 262 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) )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 0041 00.03 City of Waterloo NON-COLLUSION AFFIDAVITS INVISION#18091 Page 1 of 2 Page 92 of 262 NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) ss: County of ) 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 anyway 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 0041 00.03 City of Waterloo NON-COLLUSION AFFIDAVITS INVISION#18091 Page 2 of 2 Page 93 of 262 RESIDENT BIDDER CERTIFICATION CONTRACT NO: 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 0041 00.04 City of Waterloo RESIDENT BIDDER CERTIFICATION INVISION#18091 Page 1 of 2 Page 94 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 0041 00.04 City of Waterloo RESIDENT BIDDER CERTIFICATION INVISION#18091 Page 2 of 2 Page 95 of 262 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 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact Riverfront Stadium Group Seating Boxes Project 0041 00.05 City of Waterloo FORM OF BID BOND INVISION#18091 Page 1 of 2 Page 96 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 0041 00.05 City of Waterloo FORM OF BID BOND INVISION#18091 Page 2 of 2 Page 97 of 262 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 0041 00.06 City of Waterloo EQUAL OPPORTUNITY CLAUSE INVISION#18091 Page 1 of 2 Page 98 of 262 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) (Title) (Date) Riverfront Stadium Group Seating Boxes Project 0041 00.06 City of Waterloo EQUAL OPPORTUNITY CLAUSE INVISION#18091 Page 2 of 2 Page 99 of 262 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 0041 00.07 City of Waterloo RECIPROCAL RESIDENT BIDDER PREFERENCE INVISION#18091 Page 1 of 2 Page 100 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 0041 00.07 City of Waterloo RECIPROCAL RESIDENT BIDDER PREFERENCE INVISION#18091 Page 2 of 2 Page 101 of 262 Revised February 1991 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. 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 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 1 of 8 Page 102 of 262 C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 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 De ree 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 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 2 of 8 Page 103 of 262 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 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 3 of 8 Page 104 of 262 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. I. 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: % 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 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 4 of 8 Page 105 of 262 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) HOURLY NAME AND ADDRESS JOB CATEGORY RACE SEX WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV Riverfront Stadium Group Seating Boxes Project 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 5 of 8 Page 106 of 262 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 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 6 of 8 Page 107 of 262 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 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 7 of 8 Page 108 of 262 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-mob): 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 0041 00.08 City of Waterloo AFFIRMATIVE ACTION PROGRAM INVISION#18091 Page 8 of 8 Page 109 of 262 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 0041 00.09 City of Waterloo ITEMS OF POTENTIAL MBE/WBE PARTICIPATION INVISION#18091 Page 1 of 4 Page 110 of 262 SUBCONTRACTOR'S BID REQUEST FORM PRIME BIDDER'S LETTERHEAD Contract No.: 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 0041 00.09 City of Waterloo ITEMS OF POTENTIAL MBE/WBE PARTICIPATION INVISION#18091 Page 2 of 4 Page 111 of 262 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 0041 00.09 City of Waterloo ITEMS OF POTENTIAL MBE/WBE PARTICIPATION INVISION#18091 Page 3 of 4 Page 112 of 262 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: (Subcontractor's 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 0041 00.09 City of Waterloo ITEMS OF POTENTIAL MBE/WBE PARTICIPATION INVISION#18091 Page 4 of 4 Page 113 of 262 E o oc U) co O L E (n O a) O c� O ! C O N 0 � (0 U -0 O (Q 0 T w U 0 Q O Q mm 0 _ O W E C w O (� C� C O L O E cC > > O o �+ N ami -0 $ CD U O 0) cn �� QO O O tq — O O O O) � � O � •� ai � � � U � � m z >_ ooa' o WN U) U) c w 0 Y � � � � y N ° U) -0n3 U cu Wa, E `� � � � m mo Cl) LL O N L C cn O N F— O o L o o � � � LL ° � � ° J -0 •"J WO Z N O O D U N U d O O L (0 O � � Uw (nH E •� _ °o W � v LU cz m N co Cl) r..i G3 Q0 O C a) A w � Qm � .T � � � oco Za � � gE � E � w U) O � > a) � Q (D WZ m Im � U,U) LL opo o - = Z Z � o o � a � 3 0 � cn a fn U w w C) � >, O .O m o� 0 Z y ° � Q � .o 0 o is o — O � Z m F- L >, ai E � ` W W Z 06 C 0CL � Q Z m O 0)- 0 -0 Q'� O V O cn � � w 7 WD � *= Ear � � o- N � Om mm m a) - N � E m LL LU a U 0) a) C L N �+ � W O 5 m — m .° o eco Z m R � Z w M = Q LL A cv a) a °' ` ° `' _ Q m m 0w U CD >' 0 .r � o -0LoE 0 o oco � m W 0 CloU) � U) o -0 � w o 0 -0 � ° m_ w o E ° JmQH m m a� O � V awU Z;o w �' a) Co � 0 -1 o CL cLa ° Q >1� 70 o W o ai .� d w Z j 0 Ca): CH pa V 70 NO 0co 0 � o nma)cO E Oma O Z O 0 -O m (n H G U w U � 0) Q O o m o o Mn of fQ m C U) J 0- 0 r- CO C W It 0 o O o W •° o o z a) °� U) � � v U m c O E C a m m N (6 U V — — ns E E Q c m 0 0 °? p Y a_ Z aa) Q U C0 (n En >- w � E N (10N O LO T ^T W n N J Y LU Q z J a O m F- U) z LL = w F- Z J 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 0041 00.11 City of Waterloo STATEMENT OF BIDDER'S QUALIFICATIONS INVISION#18091 Page 1 of 2 Page 116 of 262 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. Dated at this day of 1200 ._ (Name of Bidder) By: Title: State of ) ss: County of ) 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 0041 00.11 City of Waterloo STATEMENT OF BIDDER'S QUALIFICATIONS INVISION#18091 Page 2 of 2 Page 117 of 262 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, £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 0041 00.12 City of Waterloo FORM OF PAYMENT BOND INVISION#18091 Page 1 of 2 Page 118 of 262 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 day of 20 ATTEST: Principal (Principal)Secretary (SEAL) By (s) (Address) Witness as to Principal (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 0041 00.12 City of Waterloo FORM OF PAYMENT BOND INVISION#18091 Page 2 of 2 Page 119 of 262 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 0041 00.13 City of Waterloo FORM OF PERFORMANCE BOND INVISION#18091 Page 1 of 2 Page 120 of 262 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 0041 00.13 City of Waterloo FORM OF PERFORMANCE BOND INVISION#18091 Page 2 of 2 Page 121 of 262 *A1A TMDocument A201 - 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Riverfront Stadium Group Seating Boxes Project 850 Park Rd. Waterloo,IA 50703 THE OWNER: This document has important (Name, legal status and address) legal consequences. Consultation with an attorney City of Waterloo is encouraged with respect to 715 Mulberry Street its completion or modification. Waterloo,IA 50703 For guidance in modifying this document to include THE ARCHITECT: supplementary conditions,see (Name, legal status and address) AIA Document A503TM,Guide for Supplementary Conditions. INVISION Architecture, LTD PO Box 1800 Waterloo,1A 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 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA1" Document is protected by U.S.Copyright Law and International Treaties, � t Unauthorized reproduction or distribution of this AIAu 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. Pa923�f 262 User Notes: 15 CLAIMS AND DISPUTES AIA Document A201 TM—2017.Copyright(D 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA(" Document is protected by U.S.Copyright Law and International Treaties, 2 Unauthorized reproduction or distribution of this AIA11 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: PagiFAB4233of 262 INDEX Architect's Authority to Reject Work (Topics and numbers in bold are Section headings.) 3.5,4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1.1.7, 1.5 Acceptance of Nonconforming Work Architect's Decisions 9.6.6,9.9.3, 12.3 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Acceptance of Work 7.3.4,7.3.9, 8.1.3, 8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 13.4.2, 15.2 Access to Work Architect's Inspections 3.16, 6.2.1, 12.1 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2, 9.10.1, 13.4 Accident Prevention Architect's Instructions 10 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 Acts and Omissions Architect's Interpretations 3.2, 3.3.2,3.12.8,3.18,4.2.3, 8.3.1,9.5.1, 10.2.5, 4.2.11,4.2.12 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Architect's Project Representative Addenda 4.2.10 1.1.1 Architect's Relationship with Contractor Additional Costs,Claims for 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4, 3.3.1,3.4.2, 3.7.4,3.7.5, 10.3.2, 15.1.5 3.5, 3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12, 3.16, Additional Inspections and Testing 3.18,4.1.2,4.2, 5.2, 6.2.2,7, 8.3.1,9.2,9.3,9.4,9.5, 9.4.2,9.8.3, 12.2.1, 13.4 9.7, 9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Additional Time,Claims for Architect's Relationship with Subcontractors 3.2.4,3.7.4,3.7.5,3.10.2, 8.3.2, 15.1.6 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 Administration of the Contract Architect's Representations 3.1.3,4.2,9.4, 9.5 9.4.2,9.5.1,9.10.1 Advertisement or Invitation to Bid Architect's Site Visits 1.1.1 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2, 9.10.1, 13.4 Aesthetic Effect Asbestos 4.2.13 10.3.1 Allowances Attorneys' Fees 3.8 3.18.1,9.6.8,9.10.2, 10.3.3 Applications for Payment Award of Separate Contracts 4.2.5,7.3.9,9.2,9.3,9.4,9.5.1, 9.5.4,9.6.3,9.7,9.10 6.1.1,6.1.2 Approvals Award of Subcontracts and Other Contracts for 2.1.1,2.3.1,2.5,3.1.3,3.10.2,3.12.8,3.12.9, Portions of the Work 3.12.10.1,4.2.7,9.3.2, 13.4.1 5.2 Arbitration Basic Definitions 8.3.1, 15.3.2,15.4 1.1 ARCHITECT Bidding Requirements 4 1.1.1 Architect,Definition of Binding Dispute Resolution 4.1.1 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, Architect,Extent of Authority 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 2.5, 3.12.7,4.1.2,4.2, 5.2, 6.3, 7.1.2, 7.3.4,7.4,9.2, Bonds,Lien 9.3.1,9.4,9.5, 9.6.3,9.8,9.10.1, 9.10.3, 12.1, 12.2.1, 7.3.4.4,9.6.8,9.10.2,9.10.3 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Bonds,Performance,and Payment Architect,Limitations of Authority and 7.3.4.4,9.6.7,9.10.3, 11.1.2, 11.1.3, 11.5 Responsibility Building Information Models Use and Reliance 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 1.8 4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4, Building Permit 9.4.2,9.5.4,9.6.4, 15.1.4, 15.2 3.7.1 Architect's Additional Services and Expenses Capitalization 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 1.3 Architect's Administration of the Contract Certificate of Substantial Completion 3.1.3,3.7.4, 15.2,9.4.1,9.5 9.8.3,9.8.4,9.8.5 Architect's Approvals Certificates for Payment 2.5, 3.1.3,3.5, 3.10.2,4.2.7 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 3 Unauthorized reproduction or distribution of this AIAO 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`'^3of 262 4.2.1,4.2.5,4.2.9,9.3.3,9.4, 9.5,9.6.1,9.6.6,9.7, Conditions of the Contract 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.4 1.1.1,6.1.1,6.1.4 Certificates of Inspection,Testing or Approval Consent,Written 13.4.4 3.4.2,3.14.2,4.1.2,9.8.5,9.9.1,9.10.2,9.10.3, 13.2, Certificates of Insurance 15.4.4.2 9.10.2 Consolidation or Joinder Change Orders 15.4.4 1.1.1,3.4.2,3.7.4,3.8.2.3, 3.11, 3.12.8,4.2.8, 5.2.3, CONSTRUCTION BY OWNER OR BY 7.1.2,7.1.3,7.2,7.3.2, 7.3.7, 7.3.9,7.3.10, 8.3.1, SEPARATE CONTRACTORS 9.3.1.1,9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 1.1.4,6 Change Orders,Definition of Construction Change Directive,Definition of 7.2.1 7.3.1 CHANGES IN THE WORK Construction Change Directives 2.2.2,3.11,4.2.8,7, 7.2.1, 7.3.1, 7.4, 8.3.1,9.3.1.1, 1.1.1,3.4.2, 3.11, 3.12.8,4.2.8,7.1.1,7.1.2,7.1.3, 11.5 7.3, 9.3.1.1 Claims,Definition of Construction Schedules,Contractor's 15.1.1 3.10, 3.11,3.12.1,3.12.2,6.1.3, 15.1.6.2 Claims,Notice of Contingent Assignment of Subcontracts 1.6.2, 15.1.3 5.4, 14.2.2.2 CLAIMS AND DISPUTES Continuing Contract Performance 3.2.4,6.1.1,6.3, 7.3.9,9.3.3, 9.10.4, 10.3.3, 15, 15.4 15.1.4 Claims and Timely Assertion of Claims Contract,Definition of 15.4.1 1.1.2 Claims for Additional Cost CONTRACT,TERMINATION OR 3.2.4,3.3.1,3.7.4,7.3.9,9.5.2, 10.2.5, 10.3.2, 15.1.5 SUSPENSION OF THE Claims for Additional Time 5.4.1.1, 5.4.2, 11.5,14 3.2.4,3.3.1,3.7.4,6.1.1, 8.3.2,9.5.2, 10.3.2, 15.1.6 Contract Administration Concealed or Unknown Conditions,Claims for 3.1.3,4,9.4,9.5 3.7.4 Contract Award and Execution,Conditions Relating Claims for Damages to 3.2.4,3.18, 8.3.3,9.5.1,9.6.7, 10.2.5, 10.3.3, 11.3, 3.7.1,3.10, 5.2, 6.1 11.3.2, 14.2.4, 15.1.7 Contract Documents,Copies Furnished and Use of Claims Subject to Arbitration 1.5.2,2.3.6, 5.3 15.4.1 Contract Documents,Definition of Cleaning Up 1.1.1 3.15, 6.3 Contract Sum Commencement of the Work, Conditions Relating to 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2, 5.2.3,7.3,7.4, 2.2.1,3.2.2,3.4.1,3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 9.1, 9.2,9.4.2, 9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2,l 5.1.5 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, l 5.2.5 Commencement of the Work, Definition of Contract Sum, Definition of 8.1.2 9.1 Communications Contract Time 3.9.1,4.2.4 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5, 3.10.2, 5.2.3, 6.1.5, Completion,Conditions Relating to 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4, 8.1.1, 3.4.1,3.11, 3.15,4.2.2,4.2.9, 8.2,9.4.2,9.8,9.9.1, 8.2.1, 8.2.3, 8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, 9.10, 12.2, 14.1.2, 15.1.2 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 COMPLETION,PAYMENTS AND Contract Time,Definition of 9 8.1.1 Completion, Substantial CONTRACTOR 3.10.1,4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2,9.8,9.9.1, 3 9.10.3, 12.2, 15.1.2 Contractor, Definition of Compliance with Laws 3.1,6.1.2 2.3.2,3.2.3,3.6,3.7,3.12.10, 3.13,9.6.4, 10.2.2, Contractor's Construction and Submittal 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, Schedules 15.2.8, 15.4.2, 15.4.3 3.10,3.12.1, 3.12.2,4.2.3, 6.1.3, 15.1.6.2 Concealed or Unknown Conditions Contractor's Employees 3.7.4,4.2.8, 8.3.1, 10.3 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 4 Unauthorized reproduction or distribution of this AIAO 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. �C User Notes: PagpB12 3l)f 262 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, Damage to the Work 10.2, 10.3, 11.3, 14.1, 14.2.1.1 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Liability Insurance Damages,Claims for 11.1 3.2.4,3.18, 6.1.1, 8.3.3,9.5.1,9.6.7, 10.3.3, 11.3.2, Contractor's Relationship with Separate Contractors 11.3, 14.2.4, 15.1.7 and Owner's Forces Damages for Delay 3.12.5,3.14.2,4.2.4,6, 11.3, 12.2.4 6.2.3, 8.3.3,9.5.1.6,9.7, 10.3.2, 14.3.2 Contractor's Relationship with Subcontractors Date of Commencement of the Work,Definition of 1.2.2,2.2.4,3.3.2, 3.18.1, 3.18.2,4.2.4, 5,9.6.2, 8.1.2 9.6.7,9.10.2, 11.2, 11.3, 11.4 Date of Substantial Completion,Definition of Contractor's Relationship with the Architect 8.1.3 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, Day,Definition of 3.5.1,3.7.4,3.10,3.11, 3.12,3.16, 3.18,4.2, 5.2, 8.1.4 6.2.2,7, 8.3.1,9.2,9.3,9.4,9.5, 9.7,9.8,9.9, 10.2.6, Decisions of the Architect 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,6.3,7.3.4, Contractor's Representations 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, 3.2.1,3.2.2,3.5,3.12.6,6.2.2, 8.2.1,9.3.3,9.8.2 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Responsibility for Those Performing the Decisions to Withhold Certification Work 9.4.1,9.5,9.7, 14.1.1.3 3.3.2,3.18, 5.3, 6.1.3, 6.2,9.5.1, 10.2.8 Defective or Nonconforming Work,Acceptance, Contractor's Review of Contract Documents Rejection and Correction of 3.2 2.5, 3.5,4.2.6, 6.2.3,9.5.1,9.5.3,9.6.6,9.8.2,9.9.3, Contractor's Right to Stop the Work 9.10.4, 12.2.1 2.2.2,9.7 Definitions Contractor's Right to Terminate the Contract 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 14.1 6.1.2,7.2.1,7.3.1, 8.1,9.1,9.8.1, 15.1.1 Contractor's Submittals Delays and Extensions of Time 3.10,3.11,3.12,4.2.7, 5.2.1, 5.2.3,9.2,9.3,9.8.2, 3.2,3.7.4,5.2.3, 7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 9.8.3,9.9.1,9.10.2,9.10.3 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Contractor's Superintendent Digital Data Use and Transmission 3.9, 10.2.6 1.7 Contractor's Supervision and Construction Disputes Procedures 6.3,7.3.9, 15.1, 15.2 1.2.2,3.3,3.4, 3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, Documents and Samples at the Site 7.1.3,7.3.4,7.3.6, 8.2, 10, 12, 14, 15.1.4 3.11 Coordination and Correlation Drawings,Definition of 1.2, 3.2.1,3.3.1,3.10, 3.12.6, 6.1.3,6.2.1 1.1.5 Copies Furnished of Drawings and Specifications Drawings and Specifications,Use and Ownership of 1.5, 2.3.6,3.11 3.11 Copyrights Effective Date of Insurance 1.5,3.17 8.2.2 Correction of Work Emergencies 2.5, 3.7.3,9.4.2,9.8.2,9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 10.4, 14.1.1.2, 15.1.5 15.1.3.1, 15.1.3.2, 15.2.1 Employees,Contractor's Correlation and Intent of the Contract Documents 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.3, 14.1, 14.2.1.1 Cost,Definition of Equipment,Labor,or Materials 7.3.4 1.1.3, 1.1.6,3.4,3.5, 3.8.2,3.8.3,3.12,3.13, 3.15.1, Costs 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, 2.5,3.2.4,3.7.3,3.8.2,3.15.2, 5.4.2,6.1.1, 6.2.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 7.3.3.3,7.3.4,7.3.8, 7.3.9,9.10.2, 10.3.2, 10.3.6, Execution and Progress of the Work 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 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, Cutting and Patching 3.10.1, 3.12, 3.14,4.2,6.2.2,7.1.3,7.3.6, 8.2,9.5.1, 3.14, 6.2.5 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Damage to Construction of Owner or Separate Extensions of Time Contractors 3.2.4,3.7.4, 5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, 3.14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 5 Unauthorized reproduction or distribution of this AIAO 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. �G User Notes: PagpB12 3of 262 Failure of Payment INSURANCE AND BONDS 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 11 Faulty Work Insurance Companies,Consent to Partial Occupancy (See Defective or Nonconforming Work) 9.9.1 Final Completion and Final Payment Insured loss,Adjustment and Settlement of 4.2.1,4.2.9,9.8.2,9.10, 12.3, 14.2.4, 14.4.3 11.5 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 14.1.1.4 1.2.1,4.2.7,4.2.12,4.2.13 GENERAL PROVISIONS Interest 1 13.5 Governing Law Interpretation 13.1 1.1.8, 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 Guarantees(See Warranty) Interpretations,Written Hazardous Materials and Substances 4.2.11,4.2.12 10.2.4, 10.3 Judgment on Final Award Identification of Subcontractors and Suppliers 15.4.2 5.2.1 Labor and Materials,Equipment Indemnification 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13, 3.15.1, 3.17,3.18,9.6.8,9.10.2, 10.3.3, 11.3 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, Information and Services Required of the Owner 10.2.4, 14.2.1.1, 14.2.1.2 2.1.2,2.2,2.3, 3.2.2,3.12.10.1, 6.1.3,6.1.4,6.2.5, Labor Disputes 9.6.1,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 8.3.1 14.1.1.4, 14.1.4, 15.1.4 Laws and Regulations Initial Decision 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, 15.2 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, Initial Decision Maker,Definition of 15.4 1.1.8 Liens Initial Decision Maker, Decisions 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Limitations, Statutes of Initial Decision Maker,Extent of Authority 12.2.5, 15.1.2, 15.4.1.1 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Limitations of Liability Injury or Damage to Person or Property 3.2.2,3.5,3.12.10, 3.12.10.1,3.17,3.18.1,4.2.6, 10.2.8, 10.4 4.2.7,6.2.2, 9.4.2,9.6.4,9.6.7,9.6.8, 10.2.5, 10.3.3, Inspections 11.3, 12.2.5, 13.3.1 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9, 9.4.2,9.8.3, Limitations of Time 9.9.2,9.10.1, 12.2.1, 13.4 2.1.2,2.2,2.5, 3.2.2, 3.10, 3.11,3.12.5,3.15.1,4.2.7, Instructions to Bidders 5.2, 5.3, 5.4.1, 6.2.4, 7.3,7.4, 8.2,9.2,9.3.1,9.3.3, 1.1.1 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15, Instructions to the Contractor 15.1.2, 15.1.3, 15.1.5 3.2.4,3.3.1,3.8.1,5.2.1, 7, 8.2.2, 12, 13.4.2 Materials, Hazardous Instruments of Service,Definition of 10.2.4, 10.3 1.1.7 Materials,Labor,Equipment and Insurance 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 6.1.1,7.3.4, 8.2.2,9.3.2,9.8.4, 9.9.1, 9.10.2, 10.2.5, 5.2.1,6.2.1, 7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Notice of Cancellation or Expiration Means,Methods, Techniques, Sequences and 11.1.4,11.2.3 Procedures of Construction Insurance,Contractor's Liability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 11.1 Mechanic's Lien Insurance,Effective Date of 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 8.2.2, 14.4.2 Mediation Insurance,Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work 10.2.5, 11.2, 11.4, 11.5 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 Insurance, Stored Materials MISCELLANEOUS PROVISIONS 9.3.2 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 6 Unauthorized reproduction or distribution of this AIAO 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: PagpB1273of 262 Modifications,Definition of Award Separate Contracts 1.1.1 6.1 Modifications to the Contract Owner's Right to Stop the Work 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, 2.4 10.3.2 Owner's Right to Suspend the Work Mutual Responsibility 14.3 6.2 Owner's Right to Terminate the Contract Nonconforming Work,Acceptance of 14.2, 14.4 9.6.6,9.9.3,12.3 Ownership and Use of Drawings,Specifications Nonconforming Work,Rejection and Correction of and Other Instruments of Service 2.4,2.5, 3.5,4.2.6, 6.2.4,9.5.1, 9.8.2,9.9.3,9.10.4, 1.1.1, 1.1.6, 1.1.7, 1.5,2.3.6,3.2.2,3.11,3.17,4.2.12, 12.2 5.3 Notice Partial Occupancy or Use 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, 9.6.6,9.9 3.3.1,3.7.4,3.7.5,3.9.2, 3.12.9, 3.12.10,5.2.1,7.4, Patching,Cutting and 8.2.2 9.6.8,9.7,9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 3.14, 6.2.5 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, Patents 15.1.6, 15.4.1 3.17 Notice of Cancellation or Expiration of Insurance Payment,Applications for 11.1.4, 11.2.3 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, Notice of Claims 14.2.3, 14.2.4, 14.4.3 1.6.2,2.1.2,3.7.4,9.6.8, 10.2.8, 15.1.3, 15.1.5, Payment,Certificates for 15.1.6, 15.2.8, 15.3.2, 15.4.1 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, Notice of Testing and Inspections 9.10.3, 14.1.1.3, 14.2.4 13.4.1, 13.4.2 Payment,Failure of Observations,Contractor's 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 3.2,3.7.4 Payment,Final Occupancy 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 2.3.1,9.6.6,9.8 Payment Bond,Performance Bond and Orders, Written 7.3.4.4,9.6.7,9.10.3, 11.1.2 1.1.1,2.4,3.9.2,7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, Payments,Progress 14.3.1 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 OWNER PAYMENTS AND COMPLETION 2 9 Owner,Definition of Payments to Subcontractors 2.1.1 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 Owner,Evidence of Financial Arrangements PCB 2.2, 13.2.2, 14.1.1.4 10.3.1 Owner,Information and Services Required of the Performance Bond and Payment Bond 2.1.2,2.2,2.3, 3.2.2,3.12.10, 6.1.3,6.1.4,6.2.5, 7.3.4.4,9.6.7,9.10.3, 11.1.2 9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, Permits,Fees,Notices and Compliance with Laws 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 2.3.1,3.7,3.13, 7.3.4.4, 10.2.2 Owner's Authority PERSONS AND PROPERTY,PROTECTION 1.5,2.1.1,2.3.32.4,2.5,3.4.2, 3.8.1,3.12.10,3.14.2, OF 4.1.2,4.2.4,4.2.9,5.2.1, 5.2.4, 5.4.1, 6.1, 6.3,7.2.1, 10 7.3.1, 8.2.2, 8.3.1,9.3.2,9.5.1, 9.6.4,9.9.1,9.10.2, Polychlorinated Biphenyl 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 10.3.1 15.2.7 Product Data,Definition of Owner's Insurance 3.12.2 11.2 Product Data and Samples,Shop Drawings Owner's Relationship with Subcontractors 3.11,3.12,4.2.7 1.1.2,5.2,5.3, 5.4,9.6.4,9.10.2, 14.2.2 Progress and Completion Owner's Right to Carry Out the Work 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.4 2.5, 14.2.2 Progress Payments Owner's Right to Clean Up 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 6.3 Project,Definition of Owner's Right to Perform Construction and to 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 7 Unauthorized reproduction or distribution of this AIAO 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. �Q User Notes: PagpB32 83p)f 262 Project Representatives Separate Contractors,Definition of 4.2.10 6.1.1 Property Insurance Shop Drawings, Definition of 10.2.5, 11.2 3.12.1 Proposal Requirements Shop Drawings,Product Data and Samples 1.1.1 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site, Use of 10 3.13, 6.1.1, 6.2.1 Regulations and Laws Site Inspections 1.5,2.3.2,3.2.3,3.6,3.7,3.12.10, 3.13,9.6.4,9.9.1, 3.2.2,3.3.3, 3.7.1,3.7.4,4.2,9.9.2,9.4.2, 9.10.1, 13.4 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, Site Visits,Architect's 15.4 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2, 9.10.1, 13.4 Rejection of Work Special Inspections and Testing 4.2.6, 12.2.1 4.2.6, 12.2.1, 13.4 Releases and Waivers of Liens Specifications,Definition of 9.3.1,9.10.2 1.1.6 Representations Specifications 3.2.1,3.5,3.12.6, 8.2.1,9.3.3, 9.4.2,9.5.1,9.10.1 1.1.1, 1.1.6, 1.2.2, 1.5,3.12.10,3.17,4.2.14 Representatives Statute of Limitations 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 15.1.2, 15.4.1.1 Responsibility for Those Performing the Work Stopping 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 2.2.2,2.4,9.7, 10.3, 14.1 Retainage Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2, 9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Review of Contract Documents and Field Subcontractor,Definition of Conditions by Contractor 5.1.1 3.2,3.12.7, 6.1.3 SUBCONTRACTORS Review of Contractor's Submittals by Owner and 5 Architect Subcontractors, Work by 3.10.1, 3.10.2, 3.11, 3.12,4.2, 5.2, 6.1.3,9.2,9.8.2 1.2.2,3.3.2, 3.12.1, 3.18,4.2.3,5.2.3,5.3,5.4, Review of Shop Drawings,Product Data and 9.3.1.2,9.6.7 Samples by Contractor Subcontractual Relations 3.12 5.3, 5.4,9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Rights and Remedies Submittals 1.1.2,2.4,2.5, 3.5, 3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 3.10,3.11, 3.12,4.2.7,5.2.1, 5.2.3,7.3.4, 9.2,9.3, 6.3,7.3.1, 8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 9.8,9.9.1,9.10.2,9.10.3 12.2.4, 13.3, 14, 15.4 Submittal Schedule Royalties,Patents and Copyrights 3.10.2, 3.12.5,4.2.7 3.17 Subrogation,Waivers of Rules and Notices for Arbitration 6.1.1, 11.3 15.4.1 Substances,Hazardous Safety of Persons and Property 10.3 10.2, 10.4 Substantial Completion Safety Precautions and Programs 4.2.9, 8.1.1, 8.1.3, 8.2.3,9.4.2,9.8,9.9.1, 9.10.3, 3.3.1,4.2.2,4.2.7,5.3, 10.1, 10.2, 10.4 12.2, 15.1.2 Samples,Definition of Substantial Completion,Definition of 3.12.3 9.8.1 Samples,Shop Drawings,Product Data and Substitution of Subcontractors 3.11,3.12,4.2.7 5.2.3, 5.2.4 Samples at the Site,Documents and Substitution of Architect 3.11 2.3.3 Schedule of Values Substitutions of Materials 9.2,9.3.1 3.4.2,3.5, 7.3.8 Schedules,Construction Sub-subcontractor,Definition of 3.10,3.12.1,3.12.2, 6.1.3, 15.1.6.2 5.1.2 Separate Contracts and Contractors Subsurface Conditions 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7, 6, 8.3.1, 12.1.2 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 8 Unauthorized reproduction or distribution of this AIAO 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: PagpB1293of 262 Successors and Assigns 2.1.2,2.2,2.5, 3.2.2,3.10, 3.11,3.12.5,3.15.1,4.2, 13.2 5.2, 5.3, 5.4, 6.2.4,7.3,7.4, 8.2,9.2,9.3.1,9.3.3, Superintendent 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 3.9, 10.2.6 15.1.2, 15.1.3, 15.4 Supervision and Construction Procedures Time Limits on Claims 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, 3.7.4, 10.2.8, 15.1.2, 15.1.3 7.1.3,7.3.4, 8.2, 8.3.1,9.4.2, 10, 12, 14, 15.1.4 Title to Work Suppliers 9.3.2,9.3.3 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3, 9.4.2,9.5.4,9.6, UNCOVERING AND CORRECTION OF 9.10.5, 14.2.1 WORK Surety 12 5.4.1.2,9.6.8,9.8.5,9.10.2, 9.10.3, 11.1.2, 14.2.2, Uncovering of Work 15.2.7 12.1 Surety,Consent of Unforeseen Conditions,Concealed or Unknown 9.8.5,9.10.2,9.10.3 3.7.4, 8.3.1, 10.3 Surveys Unit Prices 1.1.7,2.3.4 7.3.3.2,9.1.2 Suspension by the Owner for Convenience Use of Documents 14.3 1.1.1, 1.5,2.3.6,3.12.6,5.3 Suspension of the Work Use of Site 3.7.5,5.4.2, 14.3 3.13, 6.1.1, 6.2.1 Suspension or Termination of the Contract Values,Schedule of 5.4.1.1, 14 9.2, 9.3.1 Taxes Waiver of Claims by the Architect 3.6, 3.8.2.1, 7.3.4.4 13.3.2 Termination by the Contractor Waiver of Claims by the Contractor 14.1, 15.1.7 9.10.5, 13.3.2, 15.1.7 Termination by the Owner for Cause Waiver of Claims by the Owner 5.4.1.1, 14.2, 15.1.7 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Termination by the Owner for Convenience Waiver of Consequential Damages 14.4 14.2.4, 15.1.7 Termination of the Architect Waiver of Liens 2.3.3 9.3, 9.10.2, 9.10.4 Termination of the Contractor Employment Waivers of Subrogation 14.2.2 6.1.1,11.3 Warranty TERMINATION OR SUSPENSION OF THE 3.5,4.2.9,9.3.3,9.8.4,9.9.1,9.10.2,9.10.4, 12.2.2, CONTRACT 15.1.2 14 Weather Delays Tests and Inspections 8.3, 15.1.6.2 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9, 9.4.2,9.8.3, Work,Definition of 9.9.2,9.10.1, 10.3.2, 12.2.1, 13.4 1.1.3 TIME Written Consent g 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.10.3, Time,Delays and Extensions of 13.2, 13.3.2, 15.4.4.2 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1, 7.4,8.3,9.5.1,9.7, Written Interpretations 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 4.2.11,4.2.12 Time Limits 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 9 Unauthorized reproduction or distribution of this AIAO 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: PagpB3,a'dd3p)f 262 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( e e-.,', c...... eme tarry 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 marlin. 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 Init. 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 AIA11 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: PagiFABIZ13of 262 §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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA(' Document is protected by U.S.Copyright Law and International Treaties, �1 Unauthorized reproduction or distribution of this AIAO 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. 2� User Notes: PagOBIZ23of 262 §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 parry, such notice shall be provided in writing to the designated representative of the parry 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 15.13 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 E203T"4--2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document G202Tm-2013,Project Building Information Modeling Protocol Form,shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants,the authors of,or contributors to,the building information model,and each of their agents and employees. ARTICLE 2 OWNER §2.1 General §2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1,the Architect does not have such authority.The term"Owner"means the Owner or the Owner's authorized representative. §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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 12 Unauthorized reproduction or distribution of this AIAO 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: PagOBI 23A3of 262 §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 .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 producingsuch uch 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 13 Unauthorized reproduction or distribution of this AIAO 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. 2^ User Notes: PagOB3,343of 262 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 14 Unauthorized reproduction or distribution of this AIAO 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. 2 User Notes: PagOBIA353of 262 §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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 15 Unauthorized reproduction or distribution of this AIAO 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. 2G User Notes: Pag0BQ i34)f 262 §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 ThA CAAA:aetef shall pay sales, eoastiawf,use, A-Ad ;iMi1AV tANP-";fAV thp I'VE)FIE pfevided by t4e Gefitfaetov thAt Ave- legally enaete'd-"A"hem bid-s;M:@ A-4:14egetiations eaneluded,whetkeF aF nat yet eff6e--Aive,P-4:merely sehe4ffle to ge into o ^*.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 terns 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(D 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties, 16 Unauthorized reproduction or distribution of this AIA11 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: PagiFiBIZ73p)f 262 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 Hat be,u fl-fe,saaa ly dela @d ar withlield 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 previewed 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 17 Unauthorized reproduction or distribution of this AIAO 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. �Q User Notes: Pag0BQ83p)f 262 §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 measw-ements 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties, 18 Unauthorized reproduction or distribution of this AIA11 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: PagiFiA R3pjf 262 §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 performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional,whose signature and seal shall appear on all drawings,calculations,specifications,certifications, Shop Drawings,and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work,designed or certified by such professional,if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications,and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy.Pursuant to this Section 3.12.10,the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. §3.12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria,the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. §3.12.11 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties, 19 Unauthorized reproduction or distribution of this AIA11 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: PagiFiBlAQ3of 262 §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 parry 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 20 Unauthorized reproduction or distribution of this AIAO 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: PagoAkl3of 262 §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 cominunications 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 ''einclude the Architect. Communications by and with Subcontractors and suppliers shall be 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties, 21 Unauthorized reproduction or distribution of this AIAII 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: PagpB4423%f 262 §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 internet 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 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. §5.2.31f 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties, 22 Unauthorized reproduction or distribution of this AIA11 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: PagiFAB3433of 262 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 dayperiod shall constitute notice of no reasonable objection. §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. §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. §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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 23 Unauthorized reproduction or distribution of this AIAO 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: PagOB1443of 262 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 24 Unauthorized reproduction or distribution of this AIAO 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: PagOB1453of 262 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. &7.1.4.3 For each Subcontractor involved,for Work performed by that Subcontractor's own forces,five(5) percent of the cost. §7.1.4.4 For each Subcontractor involved,for Work performed by the Subcontractor's Subsubcontractors, five(5)percent of the amount due the Sub-subcontractor. §7.1.4.5 The maximum allowable mark-up shall be twenty-five(25)percent passed through to the Owner by the Contractor under any circumstances. §7.1.4.6 Cost to which overhead and profit is to be applied shall be determined in accordance with Section 7.3.7. §7.1.5 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA(" Document is protected by U.S.Copyright Law and International Treaties, 25 Unauthorized reproduction or distribution of this AIA11 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: PagiFiB4463p)f 262 .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be detennined 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 perfonns 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 26 Unauthorized reproduction or distribution of this AIAO 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: Pag0B1 k73p)f 262 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 tramished 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. §9.1.21f 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 27 Unauthorized reproduction or distribution of this AIAO 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. �Q User Notes: PagOB3,83of 262 §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 G703TII--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 retaina>w 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIA" Document is protected by U.S.Copyright Law and International Treaties, 28 Unauthorized reproduction or distribution of this AIA11 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: PagiFiM l3pjf 262 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 parry 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 29 Unauthorized reproduction or distribution of this AIAO 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: PagOBAL03of 262 §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 designate 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 Init. 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 AIA11 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: PagiFAB3,113%f 262 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 cormnence 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 perform 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 Init. 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 AIAO 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: PagOBIL23of 262 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)12er 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 32 Unauthorized reproduction or distribution of this AIAO 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: PagOB3,33of 262 §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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 33 Unauthorized reproduction or distribution of this AIAO 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,�^ �3of 262 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 34 Unauthorized reproduction or distribution of this AIAO 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: Pag0B3fi53p)f 262 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 35 Unauthorized reproduction or distribution of this AIAO 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. �G User Notes: PagOBAL63of 262 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 36 Unauthorized reproduction or distribution of this AIAO 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: PagOB3,573of 262 §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. 44r.;+,-.,tieI A et s4 ll rt seetiw; 15 n §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 parry 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(D 1911,1915,1918,1925,1937,1951,1958,1961,1963,1966,1970,1976,1987,1997,2007 and 2017 by The Init. 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 AIA11 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: PagiFiB3,d3p)f 262 §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 supplieizSSuppliers; .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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 38 Unauthorized reproduction or distribution of this AIAO 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: PagoBla3pjf 262 .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 assigmnent 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 39 Unauthorized reproduction or distribution of this AIAO 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: PagOB103of 262 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 40 Unauthorized reproduction or distribution of this AIAO 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: Pago4fil3of 262 §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. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker,the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree,the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. §15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1)request additional supporting data from the claimant or a response with supporting data from the other party, (2)reject the Claim in whole or in part,(3)approve the Claim,(4)suggest a compromise, or(5)advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that,in the Initial Decision Maker's sole discretion,it would be inappropriate for the Initial Decision Maker to resolve the Claim. §15.2.3 In evaluating Claims,the Initial Decision Maker may,but shall not be obligated to,consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision.The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. §15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond,within ten days after receipt of the request,and shall either(1)provide a response on the requested supporting data,(2)advise the Initial Decision Maker when the response or supporting data will be furnished,or(3)advise the Initial Decision Maker that no supporting data will be furnished. 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 Claire,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 Init. 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 AIAO 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: Pag0B3,i3p)f 262 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,the,, shall 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. §IS 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. §1415.4.4 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. Claim sHbjeet to,btit fiat t:esak,ed by,mediation shall be sHbjeet to afbitf:atiaii whieh,unless the parties FAtittially 144dtistfy Ridposs i44 e-44-PA A-4;the- d-aw efthe.Agf@e444@44t. !Pw, shall h-p- Alvheawe,the,PI: At A44 4A]l be- made i:n 4.A.'riti44g, 4@14'e+:0d to t4e,otl4ef pafty to 44e GePA+aet,a44d filed w414 tke per-S@14 or-OfA45,ad444i44iSt0E-i44g 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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 42 Unauthorized reproduction or distribution of this AIAO 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: Pago4fia3p)f 262 §15.4.1.1 A demand fef afbitfatiefi shall be fflade no eaflief�hafl eeneuffendy WA the filing ef a fe"e legal„ .;4nbl„pfeee,.,1;...,.s based an the Claim. §45n n Consolidation or leinder pafty may eensalida4e aii ar-bitra4ien ean"eted ender this Agreement with any ethef ar-bitrmian to"ieh it is a paft-y ,v.:l.,f p-,.eedt.,-.,l ,-..los and met-hods F s010„4:ng a-1.:4.-ate-(s) F..4. ha r ter. §15.4.4.3 The Pvmpff-And-C-249t4tt:aeter grant te any pei:sen ei:eiq4y R4ade a party to an eendfflieted unde n, o ,Ad- C--494#44-40404:I]Rd-@f this A gf00,,,0.,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 Init. American Institute of Architects.All rights reserved.WARNING:This AIAr' Document is protected by U.S.Copyright Law and International Treaties, 43 Unauthorized reproduction or distribution of this AIAO 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. �,l User Notes: PagOB3,613of 262 Certification of Document's Authenticity AIA® Document D401 TM — 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 AIAc"Document A20ITM-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 AIA") Document is protected by U.S.Copyright Law and International Treaties,Unauthorized reproduction or distribution of this AIAc' 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: PageBIWAOf 262 J ARTICLE I I 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 A 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 3.18. 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 imits:.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 A 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#R 1670.10.00 S.G.C. Page 9 Riverfront Stadium Group Seating Boxes Project 00 72 11 City of Waterloo CONTRACTOR INSURANCE REQUIREMENTS INVISION#18091 1 of 2 Page 166 of 262 is j .3 Personal Injury,with Employment Exclusion deleted: $1,000,000 Aggregate .4 Business or Commercial Automobile Liability(including owned,non-owned and hired vehicles): a Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence b Property Damage: $1,000,000 Each Occurrence $1,000,000 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 damage 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 j "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 LIMITATION 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 4R1670.10.00 S.G.C. Page 10 Riverfront Stadium Group Seating Boxes Project 0072 11 City of Waterloo CONTRACTOR INSURANCE REQUIREMENTS INVISION#18091 1 of 2 Page 167 of 262 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 1000 City of Waterloo SUMMARY INVISION#18091 1 of 2 Page 168 of 262 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 1000 City of Waterloo SUMMARY INVISION#18091 2 of 2 Page 169 of 262 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 01 2000 City of Waterloo PRICE AND PAYMENT PROCEDURES INVISION#18091 1 of 2 Page 170 of 262 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 01 2000 City of Waterloo PRICE AND PAYMENT PROCEDURES INVISION#18091 2 of 2 Page 171 of 262 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 2300 City of Waterloo ALTERNATES INVISION#18091 1 of 2 Page 172 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 01 2300 City of Waterloo ALTERNATES INVISION#18091 2 of 2 Page 173 of 262 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 01 3000 City of Waterloo ADMINISTRATIVE REQUIREMENTS INVISION#18091 1 of 6 Page 174 of 262 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 01 3000 City of Waterloo ADMINISTRATIVE REQUIREMENTS INVISION#18091 2 of 6 Page 175 of 262 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 01 3000 City of Waterloo ADMINISTRATIVE REQUIREMENTS INVISION#18091 3 of 6 Page 176 of 262 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 01 3000 City of Waterloo ADMINISTRATIVE REQUIREMENTS INVISION#18091 4 of 6 Page 177 of 262 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 01 3000 City of Waterloo ADMINISTRATIVE REQUIREMENTS INVISION#18091 5 of 6 Page 178 of 262 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 01 3000 City of Waterloo ADMINISTRATIVE REQUIREMENTS INVISION#18091 6 of 6 Page 179 of 262 SECTION 0140 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 01 40 00 City of Waterloo QUALITY REQUIREMENTS INVISION#18091 1 of 4 Page 180 of 262 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 01 40 00 City of Waterloo QUALITY REQUIREMENTS INVISION#18091 2 of 4 Page 181 of 262 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 01 40 00 City of Waterloo QUALITY REQUIREMENTS INVISION#18091 3 of 4 Page 182 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 01 40 00 City of Waterloo QUALITY REQUIREMENTS INVISION#18091 4 of 4 Page 183 of 262 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 01 5000 City of Waterloo TEMPORARY FACILITIES AND CONTROLS INVISION#18091 1 of 2 Page 184 of 262 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 01 5000 City of Waterloo TEMPORARY FACILITIES AND CONTROLS INVISION#18091 2 of 2 Page 185 of 262 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 01 6000 City of Waterloo PRODUCT REQUIREMENTS INVISION#18091 1 of 4 Page 186 of 262 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 01 6000 City of Waterloo PRODUCT REQUIREMENTS INVISION#18091 2 of 4 Page 187 of 262 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 01 6000 City of Waterloo PRODUCT REQUIREMENTS INVISION#18091 3 of 4 Page 188 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 01 6000 City of Waterloo PRODUCT REQUIREMENTS INVISION#18091 4 of 4 Page 189 of 262 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 01 6001 City of Waterloo SUBSTITUTION REQUEST FORM INVISION#18091 Page 1 of 2 Page 190 of 262 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: I. 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 01 6001 City of Waterloo SUBSTITUTION REQUEST FORM INVISION#18091 Page 2 of 2 Page 191 of 262 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 01 7000 City of Waterloo EXECUTION AND CLOSEOUT REQUIREMENTS INVISION#18091 1 of 4 Page 192 of 262 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 01 7000 City of Waterloo EXECUTION AND CLOSEOUT REQUIREMENTS INVISION#18091 2 of 4 Page 193 of 262 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 01 7000 City of Waterloo EXECUTION AND CLOSEOUT REQUIREMENTS INVISION#18091 3 of 4 Page 194 of 262 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 01 7000 City of Waterloo EXECUTION AND CLOSEOUT REQUIREMENTS INVISION#18091 4 of 4 Page 195 of 262 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 01 7800 City of Waterloo CLOSEOUT SUBMITTALS INVISION#18091 1 of 4 Page 196 of 262 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 01 7800 City of Waterloo CLOSEOUT SUBMITTALS INVISION#18091 2 of 4 Page 197 of 262 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 01 7800 City of Waterloo CLOSEOUT SUBMITTALS INVISION#18091 3 of 4 Page 198 of 262 THIS PAGE IS INTENTIONALLY LEFT BLANK Riverfront Stadium Group Seating Boxes Project 01 7800 City of Waterloo CLOSEOUT SUBMITTALS INVISION#18091 4 of 4 Page 199 of 262 Riverfront Stadium Group Seating Boxes Project Bid Opening: December 27, 2018 Estimate: $110,600 Bidder Bid Security Bid Amount Don Gardner Construction o $105,690 Waterloo, IA 5�° Alt. $4,025 Cardinal Construction Inc. 5% $75,500 Waterloo, IA Alt. $4,800 Woodruff Construction, LLC 5% $147,740 Waterloo, IA Alt. $1,200 Page 200 of 262 CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate a 7,500 square foot portion of Bluff Street right-of-way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a portion of the area to be vacated. City Council Meeting: 1/7/2019 Prepared: 12/11/2018 REVIEWERS: Department Reviewer Action Date Al paaaaam:iam. r& zora.in$ Scp-aroederr, Axic Approved. p./2/2019 ... 1 p-44 A.M. t.`Ilerrp< Office Evenm, L-e rrmm'a Approved 1/2/2019 12-.03 P M ATTACHMENTS: Description Type D >Care giiest tpmt��trV �aata 7,500 SF fl. Street between 13tl-m Baackti b Materiam Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. SUBJECT: Motion to receive, file, and consider and pass for the first time an Ordinance approving a request to vacate a 7,500 square foot portion of Bluff Street right-of-way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a portion of the area to be vacated. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval A request by the City of Waterloo to vacate approximately 7,500 square feet of Bluff Street right of way located between W 13th Street and W 14th Street. The request to vacate Bluff Street would not appear to negatively affect the area or traffic conditions. The role of Bluff was greatly diminished with the Summary Statement: construction of US Highway 218 into an expressway in the 1990's. All buildings on the west side of Bluff were demolished with few buildings remaining on the east side of the street. Several sections of the street have already been vacated in the area. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on May 1, 2018. Page 201 of 262 Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development Alternative: N/A Background Information: Description— Bluff Street Vacate: The Northeasterly Twenty-five feet(25')of Bluff Street adjacent to Block 56 of Anthony Baker's Addition, lying Northwesterly of the Northwesterly line Legal Descriptions: of West 14th Street, and lying Southeasterly of the Southeasterly line of West 13th Street, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a utility easement over, under and upon the Northwesterly twenty feet(20') of the above described area. Page 202 of 262 December 17,2018 REQUEST: Request by the City of Waterloo to vacate approximately 7,500 square feet of Bluff Street right of way located between W 13th Street and W 14th Street. APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL The applicant is requesting to vacate a portion of Bluff Street DESCRIPTION: located between W 13th Street and W 14th Street. IMPACT ON The request to vacate the portion of Bluff Street would not NEIGHBORHOOD & appear to have a negative impact on the neighborhood as the SURROUNDING area is mostly vacant with some residential homes, and the LAND USE: vacate area is not needed for public street purposes. VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular traffic in the area due to the fact that is TRAFFIC adjacent to the Iowa Northern Railroad, and there are no CONDITIONS: sidewalks along the vacate area. RELATIONSHIP TO The US 218 trail is located across the Iowa Northern railroad RECREATIONAL tracks from the vacate area but is divided by a chain link TRAIL PLAN and fence. COMPLETE STREETS POLICY. ZONING HISTORY The site has been zoned "M-1" Light Industrial District since FOR SITE AND the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: North — Commercial and Residential zoned "M-1" Light Industrial District. South — Iowa Northern Railroad and US Highway 218. East — Commercial zoned "M-1" Light Industrial District. West —Residential zoned "M-1" Light Industrial District. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT The commercial businesses in the area were developed HISTORY: between 1987 and 2003 and the residential homes were constructed between 1890 and 1940. FLOODPLAIN: This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0302F PUBLIC /OPEN Lowell Elementary School is located 0.16 miles to the west SPACES/ SCHOOLS: across US Highway 218. The area is also served by Bunger Middle School and West High. UTILITIES: WATER, There are no known utilities located within the vacate area. SANITARY SEWER, Bluff Street does however have a 12" sewer line south of the Vacate-Bluff Street 13th to 14th Street Page 1 of 2 Page 203 of 262 December 17,2018 STORM SEWER, vacate area. ETC. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial, COMPREHENSIVE and this request would be in compliance with such LAND USE PLAN: designation. STAFF ANALYSIS — The request to vacate Bluff Street would not appear to ZONING negatively affect the area or traffic conditions. The role of Bluff ORDINANCE: was greatly diminished with the construction of US Highway 218 into an expressway in the 1990's. All buildings on the west side of Bluff were demolished with few buildings remaining on the east side of the street. Several sections of the street have already been vacated in the area. The northern part of Bluff Street to 16th was vacated in two sections by Ordinance 3977 on 10-11-1993 and Ordinance 4151 on 02-05-1996. The portion of Bluff Street south of 17th to 18th Street was vacated by Ordinance 4298 on 05-26-1998. The request for vacation of 12,880 SF of the northern side of Bluff Street adjacent to 326 West 17th Street was unanimously recommended for approval by the Planning and Zoning Commission on 11/14/17, but the vacation request never went on to the City Council. The Planning and Zoning Commission unanimously approved the vacate request at their regular meeting on May 1, 2018. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate 7,500 SF of Bluff Street be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. Vacate-Bluff Street 13th to 14th Street Page 2 of 2 Page iO4 of 262 City of Waterloo City Council December 17, 2M8 rz M 1;11 <4 -P' 2 \\����\�� 1^ \�e \\\R'\I" R- 'p ", " I 'l 1.11.] 1 , 1III I11III 1 C'3 LI '3 R 2 C-Z .2'C"Z, -4 R"P. I I Z2 C- \C-3 \ \\> 1 \ ' \\ 1?1 IIIIR3'C z 12 IIII I Ii II.1�.1' IffIT1m. ✓ Q41 C11. �rx ��'> JIM. J M-2 M- C-2, I I I R-2 > M 2 I WH/ 11 ' C-1 C-Z,',,�- < X M I", Y <,C-2�>K 4 'xe 'A T7 ic, i C11 Z,\ A-1 M 2y �llll% /ill - "K 'A ' 2 \ 0,�>1071 A v < M71 &/ </ > ,x .... ....... g& , . ......... M—,i v R_3 51, p" /IIII.I IIIIIII :I I \> `' ."\\ <\ \\\ \\\l `� \`� . ""s 00, < � ` \�`�� R- "'x R'l R "I IIIIHIHMMMMh HIM IN \'� �< I 111R-3 IMIII IIIIIIIII�Illlllllllllll11-111H II IIIIII \`�Ii�IIIIIIIIIIIII MJMHHJHHMH VIII AH R C-2 R-2 HUHHUMMH III HHHUHMIM 1111 �(-, C-',C,-'Z,I III.IIIIIII .LiI \. i :` � �I [ II;II IIIIIIIIIIIIII�111 i � I i � � 1 III I \ ....� Vacate Bluff Street W E Between West 13th and 14th Streets City of Waterloo 1,000 500 0 1,000 Feet Page h5 of 262 City of Waterloo City Council December IL7, 2oi8 r. n np ra in Question 25'x 300' of r i �„// r,�1�✓ ' I I rt r N Vacate Bluff Street W-#7-E Between West 13th and 14th Streets s City of Waterloo 50 ni&.- 25 0 50 0 Feet Page �06 of 262 City of Waterloo City Council December IL7, 2oi8 r I i rN9" I � 4110/tr�l �I I ! P Sanitary Sewer / in Question 5'x 300' r I. 1 rr 12"Sanitary r y� �I% I N Vacate Bluff Street W-#7-E Between West 13th and 14th Streets s City of Waterloo 50 25 0 50 0 Feet Page 2 of 262 Vacate Request — 1500 Block of Bluff Street r r:r " "r Looking northwest along Bluff Street at the Looking southeast along Bluff Street at the area in question. area in question. z a a i Looking northeast at West 14th Street at its Looking northeast at West 13th Street at its intersection with Bluff Street. intersection with Bluff Street. Page h8 of 262 Description—Bluff Street Vacate: The Northeasterly Twenty-five feet(25')of Bluff Street adjacent to Block 56 of Anthony Baker's Addition, lying Northwesterly of the Northwesterly line of West 14th Street, and lying Southeasterly of the Southeasterly line of West 13th Street, City of Waterloo, Black Hawk County, Iowa, subject to the retention of a utility easement over, under and upon the Northwesterly twenty feet (20') of the above described area. Page 109 of 262 l City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo,Iowa 50703 1 (319)291-4366 r 1 ❑ Offer to Vacate and Purchase City sight-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement LJ Sale of City-Owned Property Applicant: 4 Address: _Phone No.: 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: �*av ' r u 1. .Anon-refundable filing fee(s) shall be made as follows(checks payable to City of Waterloo): _,,kight-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee r • 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): 1 • Deductions i • May decrease price by 50%for area located within an casement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CUBA): r • 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 provid site plan a d/o p , e ue mv" � /or aerial photo of the area.to be vacated if thea° q . o ves addit' a1 tia�uc i rt as e reason to the request. Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page �10 of 262 I CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W. Airline Highway, subject to the retention of a utility easement over, under and upon the entire area to be vacated. City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zona iig Scpirroederr,Arie Approved x/2/2019 -42 AM (.1erk Office Eveni, l.,c mn:) Approved 1/2/2019 12.05 PM ATTACHMENTS: Description Type Staff 1p.eipoirt Me nio .e all Map Cover Mcrn-io Phit t::`o vc.r Mciri r, Picta.u>Ies t::`wer Mcrrio . .pp lic:afiorb Cover Mc>I to Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close the hearing and receive and file oral and written comments, and recommendation of approval of the Planning Programming and Zoning Commission. Motion to receive; file and consider and pass for the first time an Ordinance SUBJECT: approving a request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W. Airline Highway, subject to the retention of a utility easement over, under and upon the entire area to be vacated. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Request by the City of Waterloo to vacate 65,490 square feet of Airline Highway west of 3070 West Airline Highway. A portion of the right-of-way was acquired when there was a proposal to add a frontage road to Airline Highway. Additional portions of the right-of-way to be vacated were for the possible expansion of Airline Highway when it was Page 211 of 262 US Highway 20. There is utilities in the vacate area therefore an easement will need to be maintained over the vacate area. At their December 4, 2018 meeting the Planning, Programming and Zoning commission voted unanimously to recommend approval of the vacate. Summary Statement: Therefore, staff recommends the request to vacate 65,490 square feet of Airline Highway right-of-way be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. With the following conditions: 1. That a utility easement be maintained over, under and upon the entire area to be vacated. Expenditure Required: None Source of Funds: N/A Policy Issue: Right-of-Way Alternative: N/A THIS PLAT REPRESENTS A SURVEY OF TRACT "A" That part of the Southeast Quarter(SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found %" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the Southerly extension of the East line of Parcel"E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder; thence along said Southerly extension North 00°18'40" West a distance of 33.0 feet to a set %" rebar with license#23212, also being the point of beginning; thence South 89°40'50" West a distance of 204.1 feet to a set 1/2" rebar with license#23212; thence North 00'19' West a distance of 27.05 feet to a set %" rebar with license#23212; thence North 89°40'/4' East a distance of 204.1 feet to the Southerly extension of the East line of said Parcel"E",point being a set '/2" rebar with license#23212; thence along said Southerly extension South 00°18'40" East a distance of 27.1 feet to the point of beginning. Containing 5,520 sq. ft.. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Page 212 of 262 Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description. THIS PLAT REPRESENTS A SURVEY OF TRACT "B" That part of the Southeast Quarter(SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found ''/2" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the Southerly extension of the East line of Parcel"E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder; thence along said Southerly extension North 00'18'40" West a distance of 60.1 feet to a set %2" rebar with license#23212, also being the point of beginning; thence South 89°40'/4' West a distance of 204.1 feet to a set %2" rebar with license#23212; thence North 00'19' West a distance of 66.0 feet to the South line of said Parcel"E", also being the North right-of-way of West Airline Highway, point being a set V2" rebar with license#23212; thence along said South line North 89°40'/4' East a distance of 204.1 feet the Southeast corner of said Parcel"E", point being a found ?" rebar with license#19715; thence along the Southerly extension of said Parcel"E" South 00'18'40" East a distance of 66.0 feet to the point of beginning. Containing 13,470 sq. ft.. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Legal Descriptions: Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description. THIS PLAT REPRESENTS A SURVEY OF TRACT "C" That part of the Southeast Quarter(SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, p o int being a found '/z" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 1,141.8 feet; thence North 00°19' West a distance of 33.0 feet to a set V2" rebar with license#23212, also being the point of beginning; thence South 89°40'50" West a distance of 500.0 feet to the Southerly extension of the West line of Parcel"E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license#23212; thence along said Southerly extension North 00°19' West a distance of 26.95 feet to a set 1/2" rebar with license 423212; thence North 89°40'/4' East a distance of 500.0 feet to a set '/2" rebar with license#23212; thence South 00°19' East a distance of 27.05 feet to the point of Page 213 of 262 beginning. Containing 13,500 sq. ft.. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description. THIS PLAT REPRESENTS A SURVEY OF TRACT "D" That part of the Southeast Quarter(SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found '/2" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 1,141.8 feet; thence North 00'19' West a distance of 60.05 feet to a set %2" rebar with license#23212, also being the point of beginning; thence South 89°40'/a' West a distance of 500.0 feet to the Southerly extension of the West line of said Parcel"E", point being a set V2" rebar with license#23212; thence along said Southerly extension North 00'19' West a distance of 66.0 feet to the Southwest corner of said Parcel"E", also being on the North right-of-way of West Airline Highway, point being a found '/2" rebar with license#8033; thence along said the South line North 89°40'/4' East a distance of 500.0 feet to a set %2" rebar with license#23212; thence South 00°19' East a distance of 66.0 feet to the point of beginning. Containing 33,000 sq. ft.. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description. Page 214 of 262 December 4,2018 REQUEST: Request by the City of Waterloo to vacate 65,490 square feet of Airline Highway west of 3070 West Airline Highway. APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 GENERAL Request by the City of Waterloo to vacate 65,490 square feet DESCRIPTION: of surplus right of way. IMPACT ON The request to vacate will not have an negative impact on the NEIGHBORHOOD & surrounding neighborhood. SURROUNDING LAND USE: VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular traffic in the area as the area to be TRAFFIC vacated is not needed as city right-of-way. CONDITIONS: RELATIONSHIP TO The nearest trail is located in George Wyth State Park which RECREATIONAL located south of US Highway 218 and there are no sidewalks TRAIL PLAN and in the area. COMPLETE STREETS POLICY. ZONING HISTORY The site is zoned "M-1" Light Industrial District and has been FOR SITE AND zoned as such since the adoption of the zoning ordinance in IMMEDIATE VICINITY: 1969. Neighboring land uses and zoning: North —Agricultural and the Waterloo Airport zoned "M-2,P" Planned Industrial District South — Industrial zoned "M-1" Light Industrial District. East — Industrial zoned "M-1" Light Industrial District. West — Industrial zoned "M-1,C-Z" Light Industrial Conditional Zoning District and "M-1" Light Industrial District. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT Industrial buildings built between 1968 and 2018. HISTORY: FLOODPLAIN: This area is not located in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0167F PUBLIC /OPEN Lincoln Elementary School is located 2.47 miles to the SPACES/ SCHOOLS: southeast, Central Middle School is located 3.26 miles to the south, and East High is located 4.67 miles to the southeast. The nearest open space is George Wyth State Park located to Vacate-Airline Highway Page 1 of 2 Page 215 of 262 December 4,2018 the south of US Highway 218. UTILITIES: WATER, There is a 12" Sanitary Sewer Line, overhead electrical lines, SANITARY SEWER, and a possible gas line located in the section to be vacated STORM SEWER, therefore an easement will need to be maintained after the ETC. vacate. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial, COMPREHENSIVE and this request would be in compliance with the Future Land LAND USE PLAN: Use Map and Comprehensive Plan. STAFF ANALYSIS — The city is requesting to vacate 65,400 square feet of Airline ZONING Highway right-of-way. A portion of the right-of-way was ORDINANCE: acquired when there was a proposal to add a frontage road to Airline Highway. Additional portions of the right-of-way to be vacated were for the possible expansion of Airline Highway when it was US Highway 20. There is utilities in the vacate area therefore an easement will need to be maintained over the vacate area. At their December 4, 2018 meeting the Planning, Programming and Zoning commission voted unanimously to recommend approval of the vacate. STAFF ANALYSIS — There will be a separate request to plat the land. SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate 65,490 square feet of Airline Highway right-of-way be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The area to be vacated is not needed for right-of-way. With the following conditions: 1. That an easement be maintained under, upon, and above the proposed vacate. Vacate-Airline Highway Page 2 of 2 Page 216 of 262 City of Waterloo Planning, Programming and Zoning Commission December 4, 2o18 XIXXIXL,, .. ,,,,,,,,,,,,,, A�1® w� w, IN ��o .� oR�N pR M-2,P �gETs� MIDPORT BLVp O J m CL Q M-1, C-Z W AIRLI Y J X M-1 UTTERNUTLN+ AZELWOOD LN Z pGERP� INE RD e�0 W.WASHINGTON ST q��gyST 218 WYTH RD A-1 A-1 do N West of 307o Airline Highway W* E Vacate City of Waterloo 1,000 500 0 1,0000 � Feet Page 217 of 262 City of Waterloo Planning, Programming and Zoning Commission December 4, 2o18 Area to be Vacated �j 3070 West line Highway ,i �1 %r � IIII IIIIIIIIIIIIII � 'N 1. i tri si a N West of 307o Airline Highway W* . . .. .E Vacate City of Waterloo 250 125 0 250 Feet Page 218 of 262 CD CD '2 INDEX LEGEND 0 General Description: Sec.5-T89N-R13W,SE 1/4,Waterloo ry Surveyor: Kyle J.Helland Surveying Company/ 0 Return to: Helland Engineering&Surveying,Ltd. 0 1107 Technology Parkway —0 Cedar Falls,Iowa 50613-6955 319-266-0161 Survey Requested By: Noel Anderson/City of Waterloo a> W a> Proprietor: City of Waterloo CC S 114 CORNER This Plat or Subdivision has been reviewed by(CitylCounty). SEC.5-T89N-R13W N 00°19'W 26.95' FOUND NO.4 REBAR IN P.C.C.PAVEMENT ---N 00'19'W 66.0' Signature of(City/County) Date PER 344 MISC. 129 Ordinance Administrator crri N 00019'W 386.6' o (N 00'00'W 386.45')d o (N 01°0340"W 38645)h FOUND NO.4 REBAR FOUND NO.4 REBAR w/YPC#8033 rn PARCEL'A 88009' 890591/4' r PLAT OFSURVEY (88-09'06')h po-0000�)h 297 MISC.615 o DATED 0510411990 SW 1/4 SE 1/4� r TRACT "Drr 20,570±SQ,F1 33,000 SQ.FT. 1SW 114 SE 114 i (TO BE VACATE 8,390±SQ.FT. 00 z co co 0 (n Cc I tic it 0 0 1 C� 4�1 TRACT 01 C> 13,500 SQ. FT, SE 114 li b�'Cn M M (TO BE VACATE SEC. 5-T89N-R13W 1C.10 N300 WATERLOO 0 CD —4�� 4z> C> to C> 4 JREBAR �/ 9 099 0 6)h 'Dj) VACATED) 00 c20 co 4:�' 8g PARCEL "E' 'Z�'?!* W C2 OC 0 ' :A,, M � cp-ecu 1,,.) C) 0') i' -�j 2N PLATOFSURVEY CD (ASSUMED BEARING) FILE 2016-115 11 DATED 1212312015 C) APPROXIMATE 1/41/4 LINE SE 1/4 SE 1/4- SE�1/4SE 1/4 5,110±SQ.FT. TRACT"C" TRACT"D" MONUMENTS AT THE P.O.B. P.O.B. CORNERS OF TRACTS SEE SHEET 2 FOR DESCRIPTIONS OF TRACTS "A" "B"&"C" 'A",'B","C"&"D"TO BE y 0 SEE SHEET 3 FOR DESCRIPTION OF TRACT"D", SET BY 01/31/2019 THERE IS A rL5 SEE SHEET 3 FOR LEGEND, LINE TABLE &LOCATION MAP RESERVATION OVER ALL 1-9�r L2 lj OF TRACTS"B"&"D"FOR EXISTING 126.0'R.O.W. A FUTURE ACCESS ROAD SOUTH LINE OF PER WARRANTY DEED IN — PARCEL'E" TRA C T "B BOOK 453 PAGE 257 4�1 N, 13,470 SQ. FT. (TO BE VACATED) I I--- TRA C T "A" 91 050140" 90001'05" (9 1 o5O'54)h 5,520 SQ.FT. (90-00'00')h L2 T (TO BE VACATED) FOUND NO.5 REBAR TRACT"A' w[ALUMINUM CAP#19715 P.O.B. L8I L4 L7 (SOI-0340"E 363.77)h SE CORNERS 00"18'40" E 363.7' CnIlkirinon COEMAD THIS PLAT REPRESENTS A SURVEY OF TRACT"A" That part of the Southeast Quarter(SE 114) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found%"rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50"West a distance of 937.7 feet to the Southerly extension of the East line of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder; thence along said Southerly extension North 0018'40"West a distance of 33.0 feet to a set'/" rebar with license #23212, also being the point of beginning; thence South 89°40`50"West a distance of 204.1 feet to a set'/" rebar with license#23212; thence North 00°19'West a distance of 27.05 feet to a set 1/2" rebar with license#23212; thence North 89°401/' East a distance of 204.1 feet to the Southerly extension of the East line of said Parcel "E", point being a set%" rebar with license#23212; thence along said Southerly extension South 00'18'40" East a distance of 27.1 feet to the point of beginning. Containing 5,520 sq.ft.. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50"West for this description. THIS PLAT REPRESENTS A SURVEY OF TRACT"B" That part of the Southeast Quarter(SE 114) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found f/2' rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50"West a distance of 937.7 feet to the Southerly extension of the East line of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder; thence along said Southerly extension North 00°18'40"West a distance of 60.1 feet to a set 1/2"rebar with license #23212, also being the point of beginning; thence South 89°40'/4 West a distance of 204.1 feet to a set V rebar with license#23212; thence North 00°19'West a distance of 66.0 feet to the South line of said Parcel "E", also being the North right-of-way of West Airline Highway, point being a set'/" rebar with license#23212; thence along said South line forth 89°401/' East a distance of 204.1 feet the Southeast comer of said Parcel "E", point being a found W rebar with license#19715; thence along the Southerly extension of said Parcel "E" South 00°18"40" East a distance of 66.0 feet to the point of beginning. Containing 13,470 sq.ft.. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50"West for this description. THIS PLAT REPRESENTS A SURVEY OF TRACT"C" That part of the Southeast Quarter(SE 114) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found '/" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50"West a distance of 1,141.8 feet; thence North 00°19`West a distance of 33.0 feet to a set'/" rebar with license#23212, also being the point of beginning; thence South 89040`50"West a distance of 500.0 feet to the Southerly extension of the West line of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder, point being a set 1/2" rebar with license#23212; thence along said Southerly extension North 000 19'West a distance of 26.95 feet to a set 1/2" rebar with license #23212; thence North 89°40'/4` East a distance of 500.0 feet to a set 1/2"rebar with license#23212; thence South 00019' East a distance of 27.05 feet to the paint of beginning. Containing 13,500 sq.ft.. Subiect to restrictions_ easements. covenants. ordinanrPs. and limitt-d arrPss nrnicinnc of rarnrrl nnri not of rarnrH THIS PLAT REPRESENTS A SURVEY OF TRACT"D" That part of the Southeast Quarter(SE 11`4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of said Southeast Quarter, point being a found '/" rebar in P.C.C. pavement; thence along the South line of said Southeast Quarter South 89°40'50"West a distance of 1,141.8 feet; thence North 00°19'West a distance of 60.05 feet to a set'/2` rebar with license#23212, also being the point of beginning; thence South 89°40'/4'West a distance of 500.0 feet to the Southerly extension of the West line of said Parcel "E" point being a set 1/" rebar with license#23212; thence along said Southerly extension North 00°19'West a distance of 66.0 feet to the Southwest comer of said Parcel "E", also being on the North right-of-way of West Airline Highway, point being a found 1/2" rebar with license#8033; thence along said the South line North 89°401/' East a distance of 500.0 feet to a set 1/" rebar with license#23212; thence South 00°19' East a distance of 66.0 feet to the point of beginning. Containing 33,000 sq.ft.. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record. Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50"West for this description. LINE TABLE LINE BEARING-DISTANCE L1 S 89040'50"W 204.1' L2 N 00°19'W 27.05' L3 N 89°40'/'E 204.1' L4 S 00°18'40"E 27.1' L5 N 00"19'W 66.0' L6 N 89°40'/' E 204.1' L7 S 00°18'40"E 66.0' L8 N 00018'40"W 33.0' L9 N 0019'W 33.0' LEGEND LOCATION MAP (0.0)a PER ORIGINAL GOVERNMENT SURVEY BY CEDAR FALLS/ GEORGE W.JONES DATED 12!151`1846 WATERLOO CORP.LIMIT 1 11 (O.OJb PER WPA NOTES(NO DATE) q WATERLOO MUNICIPAL Z5 AMORT (0.0)c PER PLAT OF SURVEY 281 MISC.806 k, q FILED 08198/1988 w L 5 (0.0)d PER PLAT OF SURVEY 297 MISC,615 DATED 05/04/1990 N Q (0.0')e PER PLAT OF SURVEY 344 MISC.130 DATED 08/23/2001 (O.0)f PER PLAT OF SURVEY FEE BK#2006 17726 DATED 08/19/2005 W AIRLINE HIGHWAY (0.0)g PER PLAT OF SURVEY FILE 2013-1824 /�I "B p" "/+Cn DATED 07/26/2012 TRACTS ,SM , , IF, "Ir in AFIS, nrM n1 Ar nr n3 IM rry rii r—4a 4 4ro Vacate west of 3070 West Airline Highway E w Looking west along Airline Highway at the Vacate Area. / �'�i ry a �; `✓ �� Wyy, Looking across Airline Highway at the vacate area. Page 222 of 262 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo,Iowa 50703 (319) 291-4366 Offer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement ❑ Sale of City-Owned Property _ �" Applicant V!� QAddress: ��5 f�Vt !�.h �7 �{�S iP one No..: 34 09P431U� 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: 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): • 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 CL1RA): • Costs(surveying&rnisc., demolition,remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Entire Arca: 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 frojn other buyers. 4. Easement*: The following easement shall be retained: U t�1 dJf`(� 11 Pa�J, - �.1�2_ Gam"7'lir 5. Other: Please provide a si e~pls ndlor aerial photo of the area to be vacated if the request involves addition_ onsti ion th eas for the request. 2U,i ' Applicant Date *Not required for easement vacates sidewalk vacates or Encroaclunent Agreements Page 223 of 262 CITY OF WATERLOO Council Communication Resolution approving a Hotel/Motel Mini Grant application to the Waterloo Convention and Visitors Bureau in the amount of$3,000, to fund the facility rental for the ETA Dance and Cheer Competition, and authorize the Mayor to execute said documents. City Council Meeting: 1/7/2019 Prepared: 12/17/2018 REVIEWERS: Department Reviewer Action Date Ilotel/MotepIan9 ce 6ornaauy Evenm, 1. eA: vn Approved X2/17/2018 .. X2-4 � PM Fu�iATTACHMENTS: Description Type (.,0aaancll t`oaiaiwa icaab:o n Bpl clkup Mabeapaall palicaalpora 13aac1kaaipa Materiiaup Resolution approving a Hotel/Motel Mini Grant application to the Waterloo SUBJECT: Convention and Visitors Bureau in the amount of$3,000, to fund the facility rental for the ETA Dance and Cheer Competition, and authorize the Mayor to execute said documents. Submitted by: Submitted By: Tavis Hall, Executive Director of Waterloo Convention& Visitors Bureau Recommended Action: Approve recommendation. This event is new to the Cedar Valley. The two day event is scheduled to maximize room nights in a slow time of year. The event will be held at the Summary Statement: Waterloo Five Sullivan Brothers Convention Center in Downtown Waterloo with an estimated economic impact of$202,587, with the grant funds being used for the facility rental. Expenditure Required: $3,000 Page 224 of 262 Council Communication City Council Meeting: January 7'", 2019 Prepared: December 14, 2018 Dept. Head Signature: Number of Attachments: 1 SUBJECT: Mini-Grant recommendations Submitted by: Tavis Hall Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for funding mini-grant. Applicant: Empowering Talent for the Arts Event: ETA Dance Competition Dates: February 16 & 17, 2019 Summary: This event is new to the Cedar Valley. Youth dance & cheer events are big business and this is a market we want to see grow. The 2-day event is scheduled to maximize room nights in a slow time of year. The event will be held at the Waterloo Five Sullivan Brothers Convention Center in Downtown Waterloo. Attendance: 250 registered dancers and an estimated 400 spectators. Projected room nights: Organizers are estimating 125 room nights. Projected economic impact: $202,587 ROI (Economic Impact based on requested funds): With a recommended award of $2,500, the yield return would be $81.03 per dollar funded. Request: $3,000 (mini-grant) Use of funds: The funds will be used for facility rental. Alternative: Do not provide funding or provide recommendations for alternate funding. Page 225 of 262 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application Waterloo Hotel-Motel Tax Year-Round (Mini) Grant Application Entire application MUST be typed and every question must be answered fully Total Request: $3000 $47000 Total Project Cost: 1. Contact Information/Background Information ETA Dance Competition Name of Event/Project: 02-16-2019 Event/Project Date: Name of presenting organization: Empowering Talent for the Arts Non-Profit Organization:1-1 For-Profit Organization:W] Check payable to(if different than above): FEIN Number: 82-5495988 Contact person: Todd Carriker 1803 South Park Ave Address: City: Oskaloosa IA Zip: State: 52577 Phone number: 641-660-1569 Email: toddcarriker@yahoo.com Organization web address: etadance.com Please describe your organization. Include information about mission, history,staff,volunteers,etc.? Please also describe how your organization collaborates with others in the community throughout the year. We are a national dance competition aimed at empowering youth in the art of dance. Our mission is to encourage artists to find the path that best helps them fulfill their dance dreams and offer positive feedback as they take their journey. Our staff is small but made up of dance professionals and people who have been around the dance world for years. We only employ people who are commited to encouraging and inspiring youth to fulfill their dreams. Is a member of the Waterloo City Council on your Board of Directors? YES❑NO F✓ How does your organization market to/reach an audience outside of Black Hawk County? As a national dance competition we market ourselves to studios all over the state of Iowa and beyond. Our website is a good resource, and our representatives are visiting studios all over the state to encourage them to come to Waterloo. We are also sending materials to dance studios to educate them on what Black Hawk county has to offer. 4 Page 226 of 262 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application Have'hotel-motel tax grants been received for this project previously? YESF] NO If so,please provide a copy of the completed project evaluation form(s)that were turned in for reimbursement. If so,please provide an explanation for why you are applying outside of the regular grant cycle. Please provide IRS documentation and Board/Management information. Proof of Liability Insurance for the project/event will be required prior to the event taking place. 2. Please share the following information about your project/event: a. Please describe the project and specify the goals/expectations. ETA is a talent competition with an objective to educate and advance dancers through classes and workshops while also offering a competitive aspect to help showcase the talents they have been perfecting in the studio. b. Please describe the mechanism for measuring to see if expectations are met. The competive portion of the event will be judged by qualified professionals. Awards will be presented to validate the dancers individual and group achievements. 3. Based on past history of this event(in Waterloo and/or in other communities)please provide as much specific information as you can about attendance and hotel use. a. How many people do you expect to attend?We expect 250 dancers and 400 spectators. I. Of those,how many will be from outside Black Hawk County?Around 75% b. What method was used to determine this information? The majority of the studios that we have relationships with our outside of Black Hawk county. c. What will be the mechanism for tracking/measuring attendance? How are you adjusting it from the prior year? We will track who is coming based on who registers on our Dance Comp Genie on line registration website. The studios will need to register 30 days before the event. d. What are your expectations for hotel room use in Waterloo? The competition lasts two full days so we expect about 50% of the people will need hotel romms. 5 Page 227 of 262 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application e. How will you track room use? The hotels should be able to track room useand get that information to us because when the dance competition participants check into the hotel they will tell the hotel they are with the competition to get a discount. Our company will also be using 7 rooms per night for our staff. f. Do you have room blocks? Yes FV] No� I. If so,how many rooms?20 What are the Rates? $89 per room g. When are rooms typically booked? 30 days before the event h. How long will people stay? One to two nights. i. How many people stay in a room?At least two. j. Please include event attendance and hotel use history if applicable.Where has the event been held before?How many participants/spectators were involved previously? ETA is a new company and don't have a past history to provide. However because of our familiarly with dance competitions it is our experience that families stay in hotels the nights of competitions due to late night and early morning performances. k. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism-related? How much does this grant funding mean to the success of your event? What are your expectations for attendance with and without grant funding? This project is our normal business. A good poertion of our studios we are affiliated with are from outside of Black Hawk county. Many dancers have their entire family attend and stay in hotels due to late nights and early morings. These people will also eat at local restaurants. Many times other family members leave the venue during the day and look for other outside activities that the community has to offfer. Grant money will make it feasible for our company to rent the facility,without the grant we may be forced to look outside the Waterloo are to hold our regional competition. I. For event-related capital projects only: Please describe how this ties into your organization's mission, and how the project allows you to draw additional people to Waterloo. 6 Page 228 of 262 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application 4. Is this a new project or idea? YES NO If yes,please describe, in detail,how this project explores a new idea, new direction,is innovative or a new project? While dance competitions are not a new idea, we are a new company with a fresh take. We want to encourage competition, while also offering classes taught by idustry professionals and allowing students to explore different genres of dance that may be not available in their studio. 5. Are there significant changes to the event/application from previous years? YES F] NO F1 If yes,please describe,in detail,those changes. Examples could include changes in marketing efforts, expansion of the event schedule,etc. This our first competion in Waterloo, so we have not apllied previously. 6. How does your event/project strengthen Waterloo and/or the perception of Waterloo? This event will bringfamilies to Waterloo who may not have otherwise come. Providing a great venue for the competition and offering good hotels and restaurants will entice people to return. 7. What s ecific marketing will you be doing outside of Black Hawk County for this event/project? Please specify locations,audience size,etc. Please provide information about specific media,schedule,costs,etc. Our website provides a great deal of the information regaurding our event. Our representatives will also be reaching out directly to studio owners and providing them with detailed competition information. Local hotel information will be included for use by the studio directors. 8. Please fill out the attached budget information(attached Excel file),and provide the following budget snapshot. Budget information should be as complete as possible. $58,000 a. Total Income: b. Total Expense: $47,250 c. Net Profit(Loss)for the event: $10,750 d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and how would not receiving full funding through this process affect your event? The requested money would be used primarily for facility rental. As with any new business, expenses can be great. Any grant money allotted would be of benefit to ensure the competition can be held in Black Hawk county. 7 Page 229 of 262 Waterloo Hotel-Motel Tax Grant(Mini Grant)Application e. How will profit(if applicable) be used by the project/organization/business? Profits will be put back into the business so it can continue to grow and offer competitions thoughout the midwest. The goal would be to make Waterloo a yearly step in our competitive tour. Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? Acknowledgment and Signature I have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau.To the best of my knowledge,the information contained in this application and its attachments is accurate and complete.The Hotel-Motel Tax Grant funds are reimbursement funds far project funding already spent and are to be used for the express Purpose as stated in the Grant Application.1,the undersigned,know full and well that if this program/project does not transpire,recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn.My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that are non fundable or not stated herein. Signature of Applicant Date 8 Page 230 of 262 ----------- -------------------- LA. V .s :IF —————————————— r LL N E m —————————————————I E x CL (U 410 cu O fp co C u u '8 (D 0 Z 0 C 0 a 0 § a § 0 0 Ln 0 0 0 Ln Ln 0 Ln 00 0 r, 0 LM E en � Ln Iq -I N m 0 -6 bb -Z c M O 0 CL 0 w a u 0 0 0 c J, E to M m O r- r- m 12 = r 0 N m CL (U LU C x -------- 1 , O am w u CL CU X S ! a 45 CO .0 0 X M u W to v (U 0 x w (U E 0 Oc E (u t: E w r_ 0 E o c 0 u 0 E u 0 0. CLI cu Qj OJ Qj X, E S w (U m (U V) 0 C'L 'm cu > > 2 •u 0 "a r- 0 0 m E CL 0) 0 CL < >. (v r_ 01 a) 0 tn .I i2 E O c, C, 1 0 in m aj -,2 0 m LA u w E w cu t 0 E .6 0 E CL Omx 0 m 0 c .0 1 cL a) 0 E w - 0 W -X a Q) a do w 0 a) r C :0 a u a a txo u m E "M txO (1) CL m m 0 0 0 r- c CL ui 0 0 x 0 M 0 3: cL 2 ————— uj > 0 23 Page 231 of 262 0 0 0 0 C4 C4 v _N A Page 232 of 262 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement with Advanced Heat Treat Corp. for their expansion in the MidPort area by changing the tax rebate schedule to begin after the Industrial Tax Credit is complete, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/7/2019 Prepared: 12/20/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpnn ;& Zonuinng Scpnrroederr, A.rie Approved /2/2019 :48 AM (.'Berk Office ice Eveni, l.,eA. nv) Approved 1/2/2019 ... 11-.57 AM ATTACHMENTS: Description Type Annrernd nre�rnt to Devedo pnie°int Ap?,reen.il.ent Ba d<iiipb MateirW Resolution approving an Amendment to the Development Agreement with SUBJECT: Advanced Heat Treat Corp. for their expansion in the MidPort area by changing the tax rebate schedule to begin after the Industrial Tax Credit is complete, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve the resolution for amendment The City has been working with Advanced Heat Treat on their 15,500 square foot expansion at their location along MidPOrt Blvd. As a part of the expansion,they acquired excess property from the city and will be receiving the industrial tax credit as well as 3 years of tax rebates at 50% for the expansion value. This amendment to the original development agreement allows for the tax abatement begin after the industrial tax credit schedule is complete. Summary Statement: The original development agreement required the city to deed over approximately 0.82 acres of land to allow for an access point for semi traffic to their expansion. Typically for a project of this size the company would receive a full acre of land for$1. Since the company is not receiving the full acre, the city is also offering 3 years of rebates at 50% on the added valuation of the addition to equal out the land price of one complete acre. A total of 12 new jobs will be created as a part of the expansion, 6 of those jobs recognized as high quality jobs by the State with wages at or above $17.29 an hour. Expenditure Required: None Page 233 of 262 Source of Funds: NA Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Midport America Park Plat No. I that part Tract B lying north of a line which begins at a point on the east line of said Tract B at a point which is 420 feet south of the northeast corner of said Tract B thence north 90 degrees west 790 feet to the west line of said Tract B and point of termination. Legal Descriptions: Also The North 100 feet of the West 360 feet of that part of Tract`B", Midport America Park Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, lying south of the parcel shown on the Plat of Survey recorded in City Lot Deed Book 665, at Page 403, in the records of the Black Hawk County Recorder. Page 234 of 262 !Lv_2i LISW)P_N,'T S,kAA-.n(�Iao�jj0. BcL 59 Waterloo, IA60Tj_j 19434-5M All"IlEiNDIIAENY T() r fid4l,".) AMENIDANEDITTO 11AININIUMASS'ESSIWE-N-7 AG[FiCEEMEIRAY 71-iisNyiendment to Develow-fient Agreement and ArnencIrm-nnit to Minirnurn Asses:�,,;mewt Agrec,,rnent (the "Axnendrnent") is enN.�-red iilta as, of I's a. and between Advanced Heat Treeat Corp. (the "Cornpany") and the City of'ftaterioo, Iowa (Ule RECITALS A. 1'_',ornlxiny and Cly are parties to that ceriain dked June 18, 2010 (he "DAI, as arnended tl-iwwaReq canawnirlg thcx derMopment ofproperty a.s described.1 in the Agfeement. Company and'. are also parths to Rot Certain Minirnium A,:-,semsment Agmunmnt Phi-:� "MAV) Pertaining to stdd property, dated as ofthew ::,arne date. The DA and [AAA have been filed in the iand recc::i,ds i-Iawk G ollnty &.6 Oar— No. 2019-0667'�, EK The paNks clesire h) amend the DA. naiad this 1AAAlo modify the terns "is set forth in this Arneridn'lent. NOW, THEREFO( E, 4 wriKeWon of die mubial covenants set forth Wain, the 1),au'des agree cis frAlows: I The last unnumbered r,-,,arNyaph of Sec.': of the DA is he strickeri in its entiret,.,(, and the followqig nee, unnumbered pe-tragraph is vubstituted ill 1place therc,aof.- "The flat year of in which a re hate may be gNen ("Yea� One shall he the year Mat 4 finte (5) years after the f4-st full year fof wh�(;h the assessment is based upon thre coryipletei_Jvalma of the lrnprcoiennents, and W based an a pKior year for Wch the assessnnierlt is basad sojk-4y upon the value of (he Flnopedy and the C oripany U` Llr)011 ()0 VMWO Of 00 f3rapedy, W Company Property, and a par'`:ial �vfalua, of the f. Improverneents clue to pant! completion of MLa parlj�.O tax year. I% interAlon A No parties is to deela.,y Page 235 of 262 Page 2 c.;clrnphtkMl of the objear pm,;riodl vihic'rl abated clum to (:)I: industrial ofthr--! ivIAA is amoncled 'io 2'0, SUbStRLS "DecAmAxer 31 , 2031" in [Aace thereaf. dillec n nnodlM herein, the DA mud sh,.)H 1-Ir Ic full We and eqed. Hyms in Us Mandment tot aro� talized bur ri,(A have� ft'-w s,;,.anns meanings heaWn that ana ascriLx---,d tcl the-rn it lthDf\ ')r apIplkmbl, The UA, Mit and Rai; Amendment Wall jauny to the benelit of eaull bO I:AndWqj Up011 W pa(b.ies and Tair respective successam ami asAgns. 11'41 HNs poutes have exemded Ma PsnambnenHo "),greament and WendmenUn lldlinirnwn J%glec,�'FlIC!i-It I-,)Y thc,xrr duNr authadzed repmsentativc,F, (-,)f the datr- rxr at ;�r.at ;'c-)rth abow). cmt OF WATERLOCt 101,''w', , TRE-EA"'I" 13y: 81 y: ..................... Quentin HaN, Mayor &dest: --------- Wey Fabhh, My Clwlc 10YJA, ElLACK, FIMM< 0n HAs day J-.,efore ;:.i lqotary Public in and fu the We of Wwa, pusoneHy appear ecl ��)J. and Kefle�,y F'4.0c;hle, to YM I)C!n.scll,°�Etlly I(I'liol"Vni vjI,)() being cluly ,;wor-n, dilld say Und U-mq us W Mlaycr and Cly Clerk, ra�.-,;p,,pxtiveht, of tj-jt:,a city of YValedoc, Iowa, a rnunicipl mgporaUan, and', exisfin9> under th'. laixf:, cd. the State, of low,a, anci in SITU M0 0I-It iS Sea! Of:aki municipal carporadc)n, synod and saRM on behalf W said munkApal cmrponation by auDwry, ti ul Msolutior Of Page 236 of 262 Page 3 Ids Cly WWI, i�!irid s�,iifld U�,,,,Iyor and City CAU acknouledged sat WnHoW to be An tee W and dead of W murildpal carpomdan by A artd vclunlarif execumd. ST/VFE OF- KYOVA C',DUNITY OF FlAVVK SubsAbed and swami R; bcdbna rne ori W13 of Advanced AS Mat A, 0II&A't E ADRIENNE MILLER MISS COMMISSION NO.809109 ()(I A0* My COMMISSION EXPIRES r zBR L I rly FEBRUJARV2-A 9-1 3 NE S2 Page 237 of 262 CITY OF WATERLOO Council Communication Resolution approving an Amendment to the Development Agreement& Minimum Assessment Agreement with QOZ Arts Mall, LLC, changing the developer from QOZ Arts Mall, LLC to Arts Mall Properties, LLC, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 1/7/2019 Prepared: 12/20/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zonuinng Scpirrcederr, A.rie Approved /2/2019 :48 AM (.1erk Office Eveni, 1-eA. n:) Approved 1/2/2019 ... 11:58 AM ATTACHMENTS: Description Type Ati:re nd nrre�nnt Ba:ckiiipb MateirU Resolution approving an Amendment to the Development Agreement& SUBJECT: Minimum Assessment Agreement with QOZ Arts Mall, LLC. changing the developer from QOZ Arts Mall, LLC to Arts Mall Properties, LLC, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Adopt a resolution to approve the Amendment document The amendment is changing the developer from QOZ Arts Mall, LLC to Arts Mall Properties, LLC. The City of Waterloo Downtown Master Plan and Riverfront Renaissance were all designed and approved with a space left for a multi- story residential and commercial structure at this location. The City of Waterloo previously tried to work with Sherman and Associates for the development of a project here, but that project did not commence forward towards construction. Summary Statement: Since that time, a Request for Proposals was sent out to several companies, with only Brent Dahlstrom, dba , submitting a proposal to build at the site. Brent and his team are currently working to complete the Grand Crossing project and additional phases there. Staff believes his diligence and work to complete that project have shown his ability to start another project for more downtown housing in Downtown Waterloo. This project will work to fill the centerpiece of the Riverfront Renaissance Upper and Lower Plaza area. It will offer a tremendous view of the river, activites downtown, and create a new skyscape for Downtown Waterloo. The project incentives are the same incentives awarded as those at the Grand Crossing projects. Page 238 of 262 Expenditure Required: None Source of Funds: NA Policy Issue: Economic Development Alternative: NA Legal Descriptions: Parcel H of plat of survey filed in the land records of Black Hawk County, Iowa as Doc. No. 2017-015863. Page 239 of 262 i i Preparer Inrorma,ion: Christopher S.Wendland PO Box 596 Waterloo Iowa 50704 319 234.5701 Name Address city Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT AND AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , by and among QOZ Arts Mall, LLC (the "Sub-Assignor"), Arts Mall Properties, LLC (the "Sub-Assignee"), and the City of Waterloo, Iowa (the "City"). RECITALS A. Grand Investments, LLC ("Grand") and City were original parties to that certain Development Agreement dated December 19, 2016 (the "DA") and filed January 24, 2017 as Doc. No. 2017-13397, concerning the development of land (the "Property") described therein. The DA was later amended (the "First Amendment") to provide for a total assignment of Grand's interest and obligations under the DA to Sub-Assignor. The First Amendment was dated July 16, 2018 and filed August 6, 2018 as Doc. No. 2019-02035. Sub-Assignor and City are also parties to that certain Minimum Assessment Agreement (the "MAA") pertaining to the Property, dated as of the same date as the DA and amended as of the same date as the First Amendment. B. The parties desire to remove Sub-Assignor as the developer under the DA and the MAA and to substitute Sub-Assignee in place thereof. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA and the MAA are hereby amended to remove Sub-Assignor as the "Company" under each agreement and to substitute Sub-Assignee as the x "Company" throughout both agreements. Said amendment shall be effective retroactively to the original date of each agreement. Page 240 of 262 Y f Page 2 2. Except as modified herein, the DA and MAA shall continue unmodified in F full force and effect, including personal guaranties, if any. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA or MAA or the First Amendment, as applicable. The DA and MAA, as previously amended, and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA QOZ ARTS MALL, LLC Assignor By: By: Quentin M. Hart, Mayor Bren Dahlstrom, Manager Attest: ARTS MALL PROPERTIES, LLC Kelley Felchle, City Clerk Assignee Brent Dahlstrom, Manager Page 241 of 262 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with MMS Consultants, Inc. for land surveying services within the Northeast Industrial area, in an amount not to exceed $11,500, and authorize the Mayor to execute said document. City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date Ppmrnpng& Zona iig Scpirroederr, A.rie Approved /2/2019 :46 AM i.`derk Office Eveni, l.,c mn:: Approved 1/2/2019 ... 11-.59 AM ATTACHMENTS: Description Type t oritra:a°t Ba:ckiiipb MateirU Resolution approving a Professional Services Agreement with MMS SUBJECT: Consultants, Inc. for land surveying services within the Northeast Industrial area, in an amount not to exceed 511,500, and authorize the Mayor to execute said document. Submitted by: Submitted By:Noel Anders on-Community Planning and Development Director Recommended Action: To approve and authorize the contract. The City of Waterloo currently owns 40+ acres of land near the Northeast Summary Statement: Industrial Park that is available for development. The City would be working with MMS Consultants, Inc to plat and finalize survey work that has already been started for the area. Expenditure Required: Up to $11,500.00 Source of Funds: TIF Policy Issue: Economic Development policy number 1, 3 &4 within the Strategic Plan. Alternative: N/A Page 242 of 262 0RS,Gilbert Street Iowa City Iowa 52240 MA MMS Consultants, Inc. 319.351.8282- onnaconsu\tantsneL Exoeris/mPlanning and Development Since 1975 mmsommscnnsu|&ants.npt December 3, 2U18 -' City ofWaterloo Planning and Zoning Department Attn: Noel Anderson 715Mulberry Street Waterloo, Iowa 50703 LS Re: Prm|inninary8& Final Platting Services Northeast Industrial Park Plat#4 North ufMartin Luther King Jr. Drive and South mfNewell Street Dear Noel, MMS Consultants, Inc. is pleased to present the following proposal for preliminary and final platting services for the Northeast Industrial Pork Plat #4 in Waterloo, Iowa. The proposed area to be included within the platting is approximately 6Oacres ofCity-owned property north of Martin Luther C King Jr. Drive and south ofNewell Street inWaterloo, Iowa. A. Obtain Existing Site Information To begin the process ofpreliminary platting for the Northeast Industrial Park Plat #4, the following tasks will be completed by MMS Consultants staff:' lg • A boundary survey will be obtained of the area to be included in the proposed preliminary CL p|ot' � • Field survey work will take place to document the location of existing utilities currently in place within the platting area, w As-built records will be obtained for developments adjacent to the boundary of the preliminary plat, w As-built records will be obtained for existing roadways adjacent to the northern and southern boundaries of thed 0 An Iowa One-Call request will be initiated to obtain current locations and utility mapping of existing utilities in the area of the preliminary plat. B. Develop Preliminary&Final Plat Documents Using the information collected under Item A, a preliminary and final plat will be developed for the area. It is anticipated that the preliminary and final plats will include 4 development lots (see the attached drawing). Two additional outlots will be created within the preliminary plat area for designation as permanent public uses. These 2 outlots will consist of an area along the south side of Newell Street that will be used for roadway right-of-way for existing Newell Street, and the second LU _� l 1017 S.Gilbert Street Iowa City,Iowa 52240 S 82 on ultan s Ills« x . 1. 2 '� mmsconsultants.net Experts in Planning and Devetopn7ent:Since 197.5 mms@mmsconsultants.net outlot will be used as a permanent drainage easement for the existing drainageway on the east edge of the property. � I Information obtained under Item A will be incorporated into the preliminary and final plat 4-0 i documents for the Northeast Industrial Perk Plat#4.These documents will be submitted to City staff a for review and comment. The final submittal for work included in this agreement will be an approved preliminary and final plat documents for the area. 7 2 U5C. Items Not Included in This Proposal The proposed work included in this agreement does not include development of construction documents for improvements within established lots within the platted areas. MMS Consultants, Inc. will provide additional services related to the platting of the Northeast Industrial Park Plat#4 as requested by the City. { D. Compensation f � 1 ro I i MMS Consultants, Inc. agrees to provide all labor, equipment, and materials necessary to develop C the preliminary and final plats for the Northeast Industrial Park Plat #4 as defined above based on —� time-and-materials used to complete the work. The estimated fee to complete this work is $11,500.00.This fee is considered a maximum not-to-exceed cost. � 1 1 Statements will be submitted monthly for services performed and are due upon receipt. Service Ln charges of 1.5% per month will be assessed upon unpaid balance aged over 30 days. C � r We appreciate the opportunity to offer this proposal to the City of Waterloo for development of theCL j 1 -o preliminary and final plats for the Northeast Industrial Park Plat #4 north of Martin Luther King Jr. Drive and south of Newell Street in Waterloo. Sincerely, j { Jim D. Ellis, P.E. Glen D. Meisner, P.L.S& P.E. atm► i Project Manager Survey Manager y MMS Consultants, Inc. MMS Consultants, Inc. C The City of Waterloo, Iowa approves this Professional Services Agreement with MMS Consultants, j Inc. as of the date indicated below: CITY OF WATERLOO, IOWA i Q) i Quentin M. Hart, Mayor Date C U k l Page 244 of 262 S 45 m [ t Z r t t t x 7a " t t g m o E rr''1 /.fl F7 I� i. 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J i 1 /llrrrrAr,v/0� w �r r dry la u / Ta s ✓d W a � / y�w /'� ✓� i " f �W a /Nif ,w rl�'Jf /% r %a"r rl rye �Wr{,os/1 � r 1 �r r-' y�� �' y ✓' / / "N AW, 6 �I �d'''• n r NA All ow ®r I /l W did.%'y %1 i'-,^, rd r, a r,✓�� ///�7�lri / ,J. r'�,f� �r ��y ll, / /� � ,' r d" �, � / �E,�`..r�r�' / Jf, I� ��� r/ D"a rriN / t dw � ✓ r f r f � �� �, w R f �, MR, d �.�� �I�rr� rw,Yi�%�j�/� r�'(/�n w} + I y l 'n r� ! „a i:� if^� ✓�'q � � pi� I 1r/rwy Ally hl f 262 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net decrease of$192,658.02 for the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/7/2019 Prepared: 1/2/2019 REVIEWERS: Department Reviewer Action Date 1^i)&ccHng 1 niasob i, Janine Approved /2/2019 -27 AM (.1e k Office Eveni, 1-eA.mv) Approved 1/2/2019 ... 11-.5 r AM Motion approving Final Quantity Summary for a net decrease of SUBJECT: $192.658.02 for the FY 2017 Street Reconstruction Program, Contract No. 921, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Dennis Gentz, PE.Assistant City Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in a net decrease to the total project cost. Source of Funds: Local Option Sales Tax. Page 246 of 262 CITY OF WATERLOO Council Communication Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc. of Waterloo, Iowa, in the amount of$7,739,567.82, for the FY 2017 Street Reconstruction Program, Contract No. 921, and receive and file a two-year maintenance bond. City Council Meeting: 1/7/2019 Prepared: 1/2/2019 REVIEWERS: Department Reviewer Action Date p:^nggp'ii inn ; K nLIISOnm, Janiie Approved p/2/2019 1O5 AM t.`Ilenp< Office Evenm, 1_e ruin Approved 1/2/2019 ... 11-.56 AM Resolution approving completion of project and recommendation of acceptance of work for work performed by Aspro, Inc. of Waterloo. Iowa SUBJECT: in the amount of$7,739,567.82, for the FY 2017 Street Reconstruction Program. Contract No. 921. and receive and file atwo-year maintenance bond. Submitted by: Submitted By: Jamie Knutson, PE, Interim City Engineer Aspro, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Source of Funds: Local Option Sales Tax Page 247 of 262 CITY OF WATERLOO Council Communication Motion to receive the City of Waterloo Comprehensive Annual Financial Report for fiscal year ending June 30, 2018 and place on file. City Council Meeting: 1/7/2019 Prepared: 12/31/2018 REVIEWERS: Department Reviewer Action Date F iiiw:ce V"Vekfiierr, M nche ie Approved G/2/2019 tl 2.08 PM (errl; Office p veni, p:,eA.mv) Approved /2/2019 �2.09 PM ATTACHMENTS: Description Type 1-'Y=: 8 C 'R Coiiiincip Covet Menlo Submitted by: Submitted By: Michelle Weidner; Chief Financial Officer Recommended Action: Page 248 of 262 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE T KELLEY F'ELCHLE ® City Clerk MICHELLE WEIDNER,CPA Chief Tinancial C1 facer e o® Mavor QUENTIN HART Council Communication City Council Meeting: December 31, 2018 COUNCIL Prepared: January 7, 2019 MEMBERS Dept. Head Signature: Michelle Weidner ................... Number of Attachments: None MARGARET KLEIN Ward I SUBJECT: Comprehensive Annual Financial Report for BRUCE the Year Ended June 30, 2018 JACOBS Ward Submitted by: Michelle Weidner, Chief Financial Officer PATRICK MORRISSEY Ward Recommended City Council Action: I recommend that the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2018 be placed on JEROME file. AMOS,JR. Ward 4 Summary Statement: N/A RAY FEUSS Expenditure Required: None ward 5 Source of Funds: N/A SHARON JUON Policy Issue: None At-Large STEVE Alternative: N/A SCHMITT At-Large Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 249 of 262 CITY OF WATERLOO Council Communication Community Development Board minutes of November 2018. City Council Meeting: 1/7/2019 Prepared: 12/19/2018 REVIEWERS: Department Reviewer Action Date Comrynijri4y F)eveloprrnent Mies, Rudy Approved 2/19/20 8 0:09 AM .1erk Off-we f I ng))y, 1" ara cy Approved 2/27/2018 9.54 AM ATTACHMENTS: Description Type D Novenfl-)er 13()ard Mceflrug Mintites Covet Merflo SUBJECT: Community Development Board minutes of November 2018. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 250 of 262 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING November 13,2018 The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715 Mulberry Street, Waterloo,Iowa at 4:00 p.m. on Tuesday,November13, 2018. Members present: Donald Share,John Chiles, Maxine Tisdale, and Lisa Munoz(by phone) Members absent: Precious Clark-Muhammad,Angela Weekley Also present: Rudy D. Jones, Community Development Director; Angie Fordyce, Community Development Coordinator; Anita Merfeld,Administrative Secretary;Maggie Howard-Heretakis,Project Specialist; A.APPROVAL OF THE AGENDA Chairperson John Chiles asked for a motion to approve the agenda. It was moved by Tisdale,and seconded by Share to approve the Agenda. Motion carried. B.APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON OCTOBER 16,2018. Chairperson Chiles requested additions or corrections to the minutes for the regular meeting October 16, 2018. There were none. It was moved by Tisdale,and seconded by Share to approve the minutes of the regular meeting on October16,2018 as presented. Motion carried. C. PUBLIC HEARING TO REVIEW FY2018 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT(CAPER)AND SUBMITTAL OF REPORT TO MAYOR AND COUNCIL ON NOVEMBER 19,2018 D. OLD BUSINESS 1. Lead Grant Updates-Benchmarks The staff is on track to meet benchmarks for our 4th quarter. Staff has begun the process of addressing rental units. Rental units will be addressed as LEAD only. Jones recognized the efforts that staff has put forth to get units qualified during the busy holiday season. E. NEW BUSINESS 1. Endorse Rehabilitation Contracts for October 2018. It was moved by Tisdale and seconded by Share to endorse the rehabilitation contracts for October 2018. Motion carried. 2. Set Board Meeting Dates for 2019 3. Neighborhood Services Report F. DISCUSSION ITEMS ADJOURN MEETING With no further business it was moved by Tisdale,and seconded by Share to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. R�Maexysub fitted,isdale Board Secretary Page 251 of 262 CITY OF WATERLOO Council Communication Community Development Board Public Hearing minutes of November 2018. City Council Meeting: 1/7/2019 Prepared: 12/19/2018 REVIEWERS: Department Reviewer Action Date Comrymijri4y F)eveloprrient fflzgby, Nmey Approved 2/27/20 8 9:56 AM Ierk Office f I nzgby, 1" ar�cy Approved 2/27/2018 9.56 AM ATTACHMENTS: Description Type D 13 ii,fl-flic 1Learing No erriiber 2018 Covet Mell/Tlo SUBJECT: Community Development Board Public Hearing minutes of November 2018. Submitted by: Submitted By: Rudy D. Jones, Community Development Director Recommended Action: approval Page 252 of 262 MINUTES PUBLIC HEARING COMMUNITY DEVELOPMENT BOARD November 13, 2018 The Public Hearing for review of the FY2018 Consolidated Annual Performance and Evaluation Report (CAPER) was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairperson John Chiles at 4:00 p.m. on Tuesday,November 13, 2018. Members present: Maxine Tisdale,Don Share, Lisa Munoz(via phone) and Chairperson John Chiles Members absent: Precious Clark-Muhammad and Angela We'ekley Also present: Rudy Jones, Community Development Director; Angie Fordyce, Community Development Coordinator; Anita Merfeld, Community Development Administrative Secretary; Maggie Howard- Heretakis, Project Specialist; Reverend Edward Loggins III, Reverend Thomas Flint, Bill Kammeyer, Forest Dillavou, David Dreyer, Jim Chapman, Todd Obadal, Barb Prather, Sheryl Share A. APPROVAL OF THE AGENDA. Chairperson Chiles explained that the purpose of this public hearing is to receive Citizen Input on the FY2018 Consolidated Annual Performance and Evaluation Report. (CAPER) It was moved by Share, and seconded by Tisdale, to approve the Agenda for the Public Hearing to receive Citizen Input on the FY2018 Consolidated Annual Performance and Evaluation Report. (CAPER). All ayes. Motion carried B. MOTION TO RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING It was moved by Tisdale, and seconded by Share, to receive and place on file the affidavit for proof of publication for Notice of Public Hearing that was a display advertisement published in the Courier on Sunday, October 28, 2018. Motion carried. - C. MOTION TO OPEN THE PUBLIC HEARING It was moved by Share, and seconded by Tisdale, to open the Public Hearing. Motion carried. Reverend Edward Loggins III discussed the need for street lights around his home and alleyway. The lack of sheet lights is a safety concern of his. D. MOTION TO CLOSE THE PUBLIC HEARING It was moved by Tisdale, and seconded by Share, to close the Public Hearing. Motion carried. E. MOTION TO TRANSMIT FY2018 CAPER TO THE MAYOR AND COUNCIL AND FORWARD THE FINAL DOOCUMENT TO HUD BEFORE NOVEMBER 21,2018 Page 253 of 262 Minutes November 13, 2018 Page 2 It was so moved by Tisdale, and seconded by Munoz. Motion carried. F. MOTION TO ADJOURN Motion was made by Share, and seconded by Tisdale to adjourn the meeting. Motion carried. Meeting adjourned. Respectfully submitted, la ne�l'isdale Board Secretary Page 254 of 262 CITY OF WATERLOO Council Communication Communication from the Public Works Street Department on the notice of the conclusion of employment for Robert Hertges, Equipment Operator 1, effective December 3, 2018 with recommendation of approval of payout of$6,925.88 for unused benefits. City Council Meeting: 1/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date flutnan 1�esources Eveu-n, L-eA.uin Approved /2/2019 12 � FIM ATTACHMENTS: Description Type D gaup ert I I ertj,,,,cs 11 ayout (.'over Menio Communication from the Public Works Street Department on the notice of SUBJECT: the conclusion of employment for Robert Hert ges, Equipment Operator 1, effective December 3, 2018 with recommendation of approval off Payout of $6,925.88 for unused benefits. Submitted by: Submitted By: Page 255 of 262 i CITY OF WATERLOO , IOWA CITY HALL 715 MULBERRY STREET 54703 X ® • ° Today's Date: 1211712018 Effective Date: 121312018 Employment Date: 21612000 To: City Council Members Re: Notico of Severance Department PUBLIC WORKS-STREET Job Title/Classification EQUIPMENT OPERATOR I This Is to report that the employment of ROBERT HERTGES I` with the City of Waterloo has been severed by reason of: Retired Disability Related ❑'"No ❑Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly RateTota/Payout r _ Vacation-Accrued 148 $ 25,72 $ 3,808.56 Vacation-Current $ - tlsable Sick Lea" (x)25% $ - Frozen Sick Leave (x)60% $ - Personal Hour$ 21,28 $ 25.72 $ 547.32 Comp Time Pay 100 $ 25.72 $ 2,572.00 Unscheduled Leave $ - Otber Pay T $ - Total Payment $ 6,925.88 Comments: mm Approved by Date, 3 i � ate Human ResouD rCos : Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy In Personnel File) Clerk's office will forward copy of approved form to Department and Human Resources Updated 6128111 Council Agenda Date: ❑ Accruals ❑Status ❑-9 Page 256 of 262 CITY OF WATERLOO Council Communication Certified List for the position of Events Coordinator for the City of Waterloo, Iowa Center for the Arts, as certified by the Civil Service Commission on December 20, 2018. City Council Meeting: 1/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date 11in an Resumu:urces Dump , 1 aruce Approved G2/20/201pi ... tl tl-55 AM (' erk Office ppizgp') > 1' ammcy Approved 2/27/2018 ... 9.57 AM ATTACHMENTS: Description Type Certified List for the position of Events Coordinator for the City of SUBJECT: Waterloo, Iowa Center for the Arts, as certified by the Civil Service Commission on December 20, 2018. Submitted by: Submitted By: Page 257 of 262 CITY OF WATERLOO , IOWA Ii1 ill Ills 11101111 IIIOIIIIInIni HUMAN RESOURCES DEPARTMENT 715 Mulberry Street Waterloo,to 50703 (319)291-4303 Fax(319)291-4589 • � • December 20,2018 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 Events Coordinator for the City of Waterloo, Iowa Center for the Arts. Appointment(s) shall be made from this list for the next year (December 20, 2018 — December 19,2019). CERTIFIED LIST Camille Burkle Jessica Balek Brenna Ford i Respectfully submitted, Barry tins Date Lovie Caldwell Date '4Ethel Washingto Date CS LIST EVENTS COORDINATOR 18 i, CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affim,ativeActlon Employer Page 258 of 262 CITY OF WATERLOO Council Communication Certified List for the position of Housing Maintenance for the City of Waterloo, Iowa Community Planning& Development Department, as certified by the Civil Service Commission on December 20, 2018. City Council Meeting: 1/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date 11:u:nan Resoi,:�rces 1 vee i, 1. e mac: Approved G/2/2019 tl2-o p PM ATTACHMENTS: Description Type Certified List for the position of Housing Maintenance for the City of SUBJECT: Waterloo; Iowa Community Planning& Development Department, as certified by the Civil Service Commission on December 20, 2018. Submitted by: Submitted By: Page 259 of 262 i CITY O F WATERLOO , IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street Waterloo,IA 50703 (319)291-4303 Fax(319)291-4569 December 20,2018 TO: Honorable Mayor&City Council 1 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 Housing Maintenance for the City of Waterloo, Iowa Community Planning & Development Department - Housing Authority. Appointment(s) shall be made from this list for the next year(December 20,2018—December 19,2019). CERTIFIED LIST Richard Kirby Josh Reed Dustin Chatfield Respectfizily submitted, �.4 B Barry kins Date Lovie Caldwell Date "WasM'n9t Date CS LIST HOUSING MAINTENANCE IS CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmetive Action Employer Page 260 of 262 CITY OF WATERLOO Council Communication Certified List for the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on December 20, 2018. City Council Meeting: 1/7/2019 Prepared: REVIEWERS: Department Reviewer Action Date 11:u:n an R esoi,urces 1 vee i, 1. e mac: Approved G/2/2019 tl 2,o tl O P ATTACHMENTS: Description Type Certified List for the position of Plant Maintenance Mechanic for the C4 of SUBJECT: Waterloo, Iowa Waste Management Services Department, as certified by the Civil Service Commission on December 20, 2018. Submitted by: Submitted By: Page 261 of 262 CITY OF WA•TERL009 IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo,IA 50703 (319)291-4303 Fax(319)291-45$9 • • i December 20,2018 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 Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next year (December 20,2018—December 19,2019). CERTIFIED LIST Jesse Crane Wes Vogel Respectfully submitted, �tU r� Barry bins Date Lovie Caldwell Date Ethel s gt Date CS LIST PLANT MAINTENANCE NmCHANIC 18 CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal OpportunitylAffirmative Action Employer Page 262 of 262