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HomeMy WebLinkAboutCouncil Packet - 4/1/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, April 1, 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 Conununity Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate 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 468 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of March 25, 2019, Regular Session, as proposed. Proclamation declaring April 2019 as Sexual Assault Awareness Month. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Variance to Noise Ordnance request from Riverloop Association, Inc., for events to be held at the Riverloop Amphitheater and the Expo Plaza from May 1, 2019 through November 15, 2019, from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system. Submitted By: Dave Mohlis, Police Captain 3. Resolution setting the date for a public hearing as April 15, 2019 to review the proposed funding recommendation set forth by the Community Development Board for the FY2020 One -Year Action Plan and Review the Consolidated Five - Year FY20-24 Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium. Submitted By: Rudy D. Jones, Community Development Director 4. Resolution setting a date of public hearing as April 15, 2019, to approve a Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and instruct the City Clerk to publish notice. Page 2 of 468 Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as April 25, 2019, and public hearing as April 29, 2019, for the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Submitted By: David R. Zellhoefer, City Attorney B. Motion to approve the following: 1. TRAVEL REQUESTS a. Anita Merfeld, Administrative Secretary Class/Meeting: National Environmental Policy Act Training for HUD Practitioners Destination: Kansas City, MO Dates: April 1-4, 2019 Amount not to exceed: $1,023.75 b. Matt Vlasak, Signal Tech Foreman; Craig Hintzman, Signal Tech II; Tina Shellhorn, Electrical Foreman; Kelby Haynes, Electrician; Nate Alderman, Electrician; Scott Buchan, Electrician Class/Meeting: Basic Transformers & the DOE 2016 Impact and One & Two Family Dwellings. Destination: Waterloo, IA Dates: April 23, 2019 Amount not to exceed: $720 2. LIQUOR LICENSES a. Cedar Valley Catholic Schools, 3231 W. 9th Street Class: C Liquor New Application Includes Sunday Expiration Date: 4/11/2019 b. Crossroads Cinema, 2450 Crossroads Blvd. *Ownership Update* Class: Special Class C Liquor Renewal Application Includes Sunday Expiration Date: 3/14/2020 c. Narey's 19th Hole, 2073 Logan Avenue *Adding Sunday Sales* Class: C Liquor New Application Includes Sunday Expiration Date: 8/22/2019 d. On the Rocks, 708 Jefferson Street Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date: 3/27/2020 e. Ray's Supermarket, 1975 Franklin Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 3/2/2020 Page 3 of 468 3. Motion to approve Exception to Burning Yard Waste Application for Cedar Valley Arboretum & Botanic Gardens at Hawkeye Community College to burn approximately 6.5 acres of native prairie grass and flowers between March 21 and May 10, 2019. Submitted By: Pat Treloar, Chief of Fire Services 4. Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn 15 acres of prairie grass between Wyth Lake and Main Park Road from March through June 2019. Submitted By: Pat Treloar, Chief of Fire Services PUBLIC HEARINGS 2. FY 2019 Lincoln Park Improvements 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. Fire Station No 1 Roof Replacement 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. Resolution awarding contract to of , Iowa in the amount of , and approving the contract, bonds, and certificate of insurance in conjunction with the Fire Station No. 1 Roof Replacement Project, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 4. Request by the Waterloo Community School District to vacate, sell and convey a portion of Littlefield Road and Linbud Lane lying south of Sager Avenue in the amount of $1.00, subject to the retention of a utility easement over, under and upon the entire area of Linbud Lane to be vacated, just north of 1239 Sheldon Street (Fred Becker Elementary School). 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 to vacate a portion of Littlefield Avenue and Linbud Lane right-of-way lying south of Sager Avenue, subject to the retention of a utility easement over under and upon the entire area of Linbud Lane to be vacated. Motion to suspend rules. Motion to consider and pass for the second and third times and adopt the ordinance. Page 4 of 468 Submitted By: Noel Anderson, Community Planning and Development Director 5. FY 2019 Street Reconstruction Program, Contract No. 965. 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, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Dennis Gentz, PE, Assistant City Engineer RESOLUTIONS 6. Resolution approving an agreement with the Waterloo Water Works for water main replacements in conjunction with FY 2019 University Avenue Reconstruction Phase 2 - Midway Drive to Greenhill Road, Contract No. 934, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jeff Bales, Associate Engineer 7. Resolution approving a five (5) year Equipment Use Agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for the periodic use of airport -owned ground support equipment, for Livingston Aviation to accommodate large aircraft charters, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Director of Aviation 8. Resolution approving Supplemental Agreement No. 3, to a Professional Services Agreement with AECOM, in an amount not to exceed $889,000, in conjunction with the FY 2019 University Avenue Reconstruction - Phase 2 (Midway Drive to Greenhill Road), Contract No. 934, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer 9. Resolution approving award of contract to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $8,369,859.58, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2019 University Avenue Reconstruction - Phase 2, Contract No. 934, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jeff Bales, Associate Engineer 10. Resolution approving Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, in an amount not to exceed $23,920, in conjunction with the preparation of the State Revolving Fund (SRF) Sponsored Project applications, and authorize the Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 11. Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM, Inc., in an amount not to exceed $45,000, in conjunction with assisting the Waste Management Services Department with sanitary sewer related projects, and authorize the Mayor and City Clerk to execute said document. Submitted By: Steve Hoambrecker, Waste Water Management Department Director Page 5 of 468 12. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc. of Cedar Falls, Iowa, in an amount not to exceed $7,700, in conjunction with the Bio -solids Modification Project for Geotechnical (soil boring) services, and authorize the Mayor to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Department Director 13. Resolution approving award of contract to B & B Lawn Care Inc. of Waterloo, Iowa for Option A$1,147.50 per occurrence, Option B $1,095.50 per occurrence, and approving the bonds and certificate of insurance, in conjunction with the 2019 Complaint Mowing with Complaint Snow Removal Contract, and authorize the Mayor and City Clerk to execute said documents. Submitted By: David R. Zellhoefer, City Attorney 14. Resolution approving a Professional Services Agreement with Brycer, LLC, AKA The Compliance Engine, for an internet based tracking platform for life safety systems, and authorize the Mayor to execute said document. Submitted By: Pat Treloar, Fire Chief 15. Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in conjunction with the FY 2020 Lone Tree Road Extension, Contract No. 977, in the amount of $383,360, with City matching funds of $383,360, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer 16. Resolution approving a Professional Services Agreement with I & S Group, Inc. of Waterloo, Iowa, in an amount not to exceed $3,000, in conjunction with the Sprinkler Specifications for the City of Waterloo Public Market Building, and authorize the Mayor to execute said document. Submitted By: Aric Schroeder, City Planner 17. Resolution approving Professional Agreement with I & S Group, Inc. of Waterloo, Iowa, in an amount not to exceed $6,000, in conjunction with the remodeling of the Waterloo Library front steps, and authorize the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 18. Resolution approving a request by CGA Engineers on behalf of Fusion Investments, LLC for the final plat of Cedar Valley Crossing, a ten (10) lot commercial/industrial subdivision, located southwest of 3353 Marnie Avenue. Submitted By: Noel Anderson, Community Planning and Development Director 19. Resolution rescinding Resolution No. 2016-888 adopted on November 7, 2016 for a development agreement with Aubry Baldwin due to failure to meet stated deadlines of project commencement and completion as specified within the agreement. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 20. Request by A -Line ALO, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 12,800 square foot airport Page 6 of 468 hangar, located southwest of 2814 Betsworth Drive. Motion to receive, file, consider, and pass for second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4 to approve a request by A Line ALO, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 12,800 square foot airport hangar, located southwest of 2814 Betsworth Drive, subject to acceptance of an analysis to determine aircraft wingtip clearances. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director OTHER COUNCIL BUSINESS 21. Motion approving Change Order No. 2, in the amount of $4,104 in conjunction with the Waterloo Waste Water Treatment Plant Satellite Wet Well Rehabilitation, Contract No. 907, and authorize the Mayor and City Clerk to execute said document. Submitted By: Steve Hoambrecker, Waste Water Management Department Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Planning & Zoning - Community Development Department on the notice of the conclusion of employment for Maggie Howard-Heretakis, Project Specialist, effective March 22, 2019 with recommendation of approval of payout of $2,956.32 for unused benefits. 2. Certified List for the position of Associate Engineer for the City of Waterloo, Iowa Community Planning & Development - Engineering Department, as certified by the Civil Service Commission on March 22, 2019. 3. Certified List for the position of Police Captain for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on March 22, 2019. 4. Certified List for the position of Police Recruit for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on February 28, 2019. 5. Communication from the Waterloo Cultural & Arts Department on the notice of the conclusion of employment for Ethan Moeller, Facilities Specialist, effective March 7, 2019 with recommendation of approval of payout of $924.00 for unused benefits. Page 7 of 468 CITY OF WATERLOO Council Communication Minutes of March 25, 2019, Regular Session, as proposed. City Council Meeting: 4/1/2019 Prepared: REVIEWERS: Department Reviewer Clerk. Office ipia:by, Nancy Action Date Approved 3/2,6/2,019.5:4 ATTACHMENTS: Description Type D Minutes of 3/25/19 Back r Maat °annaa1 Submitted by: Submitted By: Page 8 of 468 March 25, 2019 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, March, 25, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felchle, City Clerk 145984 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 25, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145985 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 18, 2019, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mr. Schmitt expressed that the previous week's minutes were inaccurate, stating that the minutes state there were attachments to the board and commission applications while there were not. Mayor Hart requested that it be noted that councilmembers had issues accessing the attachments to the board and commission applications for last week's council meeting. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, referring to the finance committee meeting, requested an overview of a `Rapid Deployment Craft', questioned why purchasing a hose separate from a new fire truck is required, requested an overview for portable restroom purchases, and questioned why an equipment operator would attend a `Flex color management workshop' Mayor Hart explained that the equipment operator is cross -trained. Pat Treloar, Chief of Fire Services, explained that a rapid deployment craft is an inflatable boat that can be easily brought down to a waterway and that new fire truck purchases do not include hoses. Paul Huting, Leisure Services Director, provided an overview of the portable restroom purchases. Michelle Weidner, Chief Financial Officer, explained that Leisure Services is budgeting $2,500 to be spent before June 30th, and $2,907 to be spent after June 30th. John Sherbon, 1715 Robin Road, questioned if a driver would be ticketed while pulling forward past the stop line in order to see if they could turn right on red. Dan Trelka, Chief of Police, explained the only way to be ticketed while turning right on red is if you are going over 14 miles per hour. Mr. Morrissey explained that the council received an email showing the crumbling entrance to the Waterloo Center for the Arts and asked that funds to repair the facility be included in the C[P. Council received an email regarding the deplorable condition of the recycling site. He asked that March 25, 2019 1. 2. Page 3 Commercial Street, 1430 Commercial Street, 1211 Sycamore Street, 328 W. 14th Street, 419 Lane Street, and 536 Dawson Street, and instructing City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-165 9. Resolution approving preliminary plans, specifications, form of contract, etc., re -setting date of bid opening as April 4, 2019 and date of public hearing as April 8, 2019, in conjunction with demolition services at: 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 1211 Sycamore Street, 328 W. 14th Street, 419 Lane Street, and 536 Dawson Street, and instructing City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019166 10. Resolution approving preliminary plans, specifications, form of contract, etc., re -setting date of bid opening as April 4, 2019 and date of public hearing as April 8, 2019, in conjunction with demolition services at: 1100 Grant Avenue, 800 W. 2nd Street, 1131 Bertch Street, 614 W. 7th Street, 623 W. 2nd Street, 3126 Franklin Street, 706 W. Park Avenue, 322 Crescent Place, and 326 Crescent Place, and instructing City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019167 11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as April 11, 2019 and date of public hearing as April 15, 2019, for the FY 2019 Sidewalk & Trail Repair Program - Zone 9, Contract No. 969, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-168 b. Motion to approve the following: a. b. a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Jeremiah Luck, Equipment Operator Flexi-Color Management Workshop Chicago, IL May 8-10, 2019 $1,020 Investigators Lippert and Zubak Kidnapping/Sexual Assault Investigations Denver, CO March 10-13, 2019 $2,074.34 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Amigo Mexican Restaurant, 1415 E. San Mannan Drive C Liquor w/Outdoor Service Renewal 2/29/2020 x Cedar Valley Golf Center, 1850 W. Ridgeway Avenue Special C Liquor _w/Outdoor Service Renewal 2/29/2020 x Cork's Grocery, 1956 Lafayette Street C Beer Renewal 4/30/2020 x March 25, 2019 Page 5 that proof of publication of notice of public hearing on FY 19/20 Complaint Mowing with Complaint Snow Removal Contract, as published in the Waterloo Courier on March 11, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145994 - Amos/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145995 - Amos/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roil -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-169 145996 - Amos/Schmitt that "Resolution ordering to proceed.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-170 145997 - Amos/Schmitt Motion to receive and file and instruct City Clerk to read bids and refer to Code Enforcement for review. Estimate: $50,000 Bidder Bid Security Bid Amount B & B Lawn Care, Inc. Waterloo, IA 5% Check Option A - $1,147.50 Option B - $1,095.50 Option C - $125.00 Option D - $75.00 Option E - $150.00 Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 145998 - Schmitt/Amos that "Resolution approving the Memorandum of Understanding with INRCOG for the writing, preparation, and submittal of the Iowa Department of Transportation R.I.S.E. grant for improvements on Newell Street, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. March 25, 2019 Page 7 Mrs. Juon commented that she used to live near Ridgeway and would avoid the street because it is a very narrow four lanes that routinely caused accidents. She further questioned if the road has been studied in the past. Sandie Greco explained that the intersection of Prospect Blvd. and Ridgeway Avenue was studied for a signalized intersection. Mr. Schmitt questioned where the idea of three lanes came up with. Sandie Greco explained that it was a recommendation from the DOT. Resolution adopted and upon approval by Mayor assigned No. 2019-173 146001 - Klein/Amos that "Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of $166.67 per motorcycle, per month, for a total amount of $4000, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-174 OTHER COUNCIL BUSINESS 146002 - Arnos/Schmitt that change orders No. 10 and 11 for a net increase of $4,254, in conjunction with the FY 2018 Post Building Project, constructed at the City of Waterloo Yard Waste Site, and authorize the Mayor and City Clerk to execute said document, be received, placed on file and approved. Voice vote -Ayes: Six. Nays: One (Schmitt). Motion carried. Sandie Greco provided an overview of the change order. Forrest Dillavou, 1715 Robin Road, commented that it appears that the pole building was built in a swamp and that the city uses change orders to cover up mistakes. 146003 - J'uon/Feuss that the council adjourn to Executive Session at 6:28 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Dave Zellhoefer stated that discussion of collective bargaining is an approved topic of Executive Session pursuant to Iowa Code Section § 20.17(3). EXECUTIVE SESSION 146004 - Morrissey/Klein that the council adjourn Executive Session at 7:20 p.m. Voice vote -Ayes: Seven. Motion carried. A Ti T(1T FR AT X if ?\TM CITY OF WATERLOO Council Communication Proclamation declaring April 2019 as S exual Assault Awareness Month. City Council Meeting: 4/1/2019 Prepared: 2/4/2019 REVIEWERS: Department Reviewer Action Date .M.ayor Office Westphal, Michelle .Approved 2/4/2.019 - 4:00 PM Clerk Office Higby, ...N.Incy Approved 3/26/201.9 - 11:04 AM. ATTACHMENTS: Description Type D Proclamation. ,S,-:x.ual..A..ssanalt .Awareness Month Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 13 of 468 CITY • WATERLOO, IOWA PROC TION litHE WHIR 11THE WHE sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and sexual assault is devastating not only to the survivor, but also for the family and friends of the victim or survivor; and since no one person, organization, agency or community can eliminate sexual assault on their own, we must work together to educate our entire population about what can be done to prevent sexual assault, support victims/survivors and their families as well as support those agencies providing services to victims/survivors. NOW, T ORE I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the month of April 2019 SEXUAL ASSAULT AWARENESS MONTH and encourage all citizens to learn more about preventing sexual violence. IN WITNESS iffilEREOF, 1 have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 1st day of April 2019. ATTEST: ( Kelley Felch City Clerk Quentin Hart Mayor CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordnance request from Riverloop Association, Inc., for events to be held at the Riverloop Amphitheater and the Expo Plaza from May 1, 2019 through November 15, 2019, from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system. City Council Meeting: 4/1/2019 Prepared: 3/26/2019 REVIEWERS: Department Reviewer Action Date 1"o/iee 1)epartnnent Mohlis, Dave.Approved 3/26/2019 ... 4:05 PM: t IIuk Office 11n 1y, Nanricy Approved 3/26/A119 .. 5:16 1'M. ATTACHMENTS: Description Riverloop op i\ soc. Nona a;° Vat SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: 2019 Type Cover Memo Resolution approving Variance to Noise Ordnance request from Riverloop Association, Inc., for events to be held at the Riverloop Amphitheater and the Expo Plaza from May 1, 2019 through November 15, 2019, from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system. Submitted By: Dave Mohlis, Police Captain Recommend approval of variance request. Request for noise variance for summer time events being held at the Riverloop Amphitheater and Expo Plaza, west side of the Cedar River. Potential expense for placement of barricades for summer events. General funds Page 15 of 468 APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: 2; A cA-0 APPLICANT'S ADDRESS: 722' F) O/7€c GI APPLICANT'S PHONE #: ANTICIPATED DATE OF VARIANCE: / 1- 2 0 NV(.) V NAME OF EVENT; fY25i --10..C? TIMES OF DAY OF VARIANCE: k 2 c) 16)(:' vY) CV vo, r p v Et, v\rm [r) t GEOGRAPHICAL LOCATION OF VARIANCE:. t \rok- A 100 P h )< Pt) (Y\-2- )(7"..7‘ Y C v e r DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. IN/v1-0C:3 AW)p i-Hn'e.'..c-.Yri'vk;', GlY p -C) cc) ro )cf7- c )01 , v Csc) cd 11 , V•tT) KI"C. v CITY COUNCIL ACTION: APPROVAL: Applicant's Signature (71 _ 1 Date Police Dept. Recommendation APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: C (A Page 16 of 468 CITY OF WATERLOO Council Communication Resolution setting the date for a public hearing as April 15, 2019 to review the proposed funding recommendation set forth by the Community Development Board for the FY2020 One -Year Action Plan and Review the Consolidated Five -Year FY20-24 Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium. City Council Meeting: 4/1/2019 Prepared: 3/24/2019 REVIEWERS: Department Codrin. uni¶y „ye! IT CIlerk Office ATTACHMENTS: Description D R.eeomnnendat. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Reviewer Ru y Nancy r sent to COUan"nC4 Background Information: Action Approved Approved. Type Cover Memo Date 3/2.5/2019. 2:46 l �J 3/26/20 p 9 ... 11 03 AM Resolution setting the date for a public hearing as April 15, 2019 to review the proposed funding recommendation set forth by the Community Development Board for the FY2020 One -Year Action Plan and Review the Consolidated Five -Year FY20-24 Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium. Submitted By: Rudy D. Jones, Community Development Director We request authorization to set the date for a public hearing on Monday April 15, 2019 to review the proposed funding recommendations set forth by the by the Community Development Board for the FY2020 One -Year Action Plan and the review the Five -Year Consolidated FY20-24 Plan for the Waterloo/Cedar Falls HOME consortium. A draft is available at the Community Development office. A 30 -day public comment period was advertised from March 1 through March 31, 2019 on the proposed plans. No comments have been received to date CDBG and HOME Funds The Community Development Board approved the attached FY20 recommendations on February 19, 2019. Page 17 of 468 Page 18 of 468 Cedar Valley Food Pantry Affordable Single Family Homes - New Construction on Calhoun Street wwww wwwwww w w w $ 100,E00,00 110.910 w w www § S 8 w w § w § , w § s w §. § w a w § w w w w w w w w w w w w w w w w w w Ui C l7 try 1 r,,, „n Thmch dd - Pa c Deer Acres LLC/Rebecca Curran Page 18 of 468 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as April 15, 2019, to approve a Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and instruct the City Clerk to publish notice. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: D epartment .t 1aabaronrn.g, & Zoning Clerk Office ATTACHMENTS: Description D L and Lease SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Schroeder, Arc i ry, Nancy Action Approved Approved rovecd. Type .Backup :114ateiriaaai Date 3/27/2019 3/27/2019 ... A.M. AM. Resolution setting a date of public hearing as April 15, 2019, to approve a Hangar and Ground Site Lease Agreement with A -Line ALO, LLC for property located at 2802-2850 Livingston Lane, in the amount of $364.58 per month, for a term ending December 31, 2058, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval. A -Line ALO is proposing to construct a hangar at the Waterloo Regional Airport. The lease proposed is for is for leasing land for the hangar to sit upon. The lease rate is $364.58 per month ($0.125 per square foot per year - 35,000SF= $4,375.00 per year). There are two- 5 -year extension options on the lease. The hangar will be utilized for private aircraft stroage and private aircraft maintenance. There will also be a Fuel Flowage Fee imposed by the Airport Operator if the tenant installs a self -fueling station for the sole purpose of fueling company aircraft. N/A N/A Land Use Page 19 of 468 Legal Descriptions: Lease Area Description: Part of Section 5, Township 89 North Range 13, West of the Fifth P.M., City of Waterloo, Black Hawk County, Iowa, and more particularity descried as follows: Commencing at the northwesterly corner of lot 1, Midport America Park Plat 1; Thence North 00 degrees -12' 29" West, 337.72 feet to the point of beginning; Thence North 90 degrees - 00' 00" West, 140 feet; Thence North 00 degrees - 00' 00" East, 250 feet: Thence South 00 degrees 00' 00", 250 feet to the Point of Beginning. Containing 803 Acre (35,000 Square Feet), Subject to other leases and easements of record. Page 20 of 468 REGI -)N'.L'I.I(RT. CRUISE A NEW ALTITUDE and A -LINE ALO, LLC Hangar and Ground Site Lease Agreement Effective Date: January 1, 2019 Page 21 of 468 TABLE OF CONTENTS Page ARTICLE 1- PREMISES 1 ARTICLE 2 - OBJECTIVES AND PURPOSE OF LEASE 1 Section 2.01 Use of Premises. 1 Section 2.02 Prohibited Uses. 2 Section 2.03 Conduct of Operations on Premises. 2 ARTICLE 3 - TERM AND COMPENSATION 3 Section 3.01 Initial Term 3 Section 3.02 Rent 3 Section 3.03 Options to Renew. 3 Section 3.04 Future Adjustments of Rents and Fees 4 Section 3.05 Holding Over. 4 Section 3.06 Late Charges 4 Section 3.07 Surrender of Possession 4 Section 3.08 Chronic Late Payment. 5 Section 3.09 Dishonored Checks. 5 Section 3.10 Application of Payment 5 ARTICLE 4 - OPERATOR'S FUTURE CONSTRUCTION REQUIREMENT 5 Section 4.01 Requirements for Improvements on Premises 5 Section 4.02 Initial Construction Dates 5 Section 4.03 Approvals of Construction Plans 6 Section 4.04 Extension of Utilities or Special Facilities. 6 Section 4.05 Construction of Additional or Future Facilities 6 Section 4.06 AIterations or Repairs to Premises. 6 Section 4.07 Lien Indemnification. 6 Section 4.08 Cost of Construction and Alterations. 7 Section 4.09 As -Built Drawings 7 Section 4.10 Security Interest on Leasehold Improvements for Construction. 7 Section 4.11 Ownership of Improvements. 8 Section 4.12 Performance Bonds — Construction Guarantee. 8 Page 22 of 468 ARTICLE 5 - OBLIGATIONS OF OPERATOR 9 Section 5.01 Net Lease 9 Section 5.02 Maintenance and Operation 9 Section 5.03 Utilities. 10 Section 5.04 Trash, Garbage, Etc 10 Section 5.05 Signs. 10 Section 5.06 Non -Discrimination 10 Section 5.07 Observance of Statutes and Regulations. 11 Section 5.08 Hazard Lights. 11 Section 5.09 Airport Security. 11 ARTICLE 6 - OBLIGATIONS OF THE AIRPORT 11 Section 6.01 Operation as a Public Airport. 11 Section 6.02 Ingress and Egress. 12 Section 6.03 Snow Removal Operation and Turf Maintenance 12 ARTICLE 7 — AIRPORT'S RESERVATIONS 12 Section 7.01 Improvement, Relocation or Removal of Structure. 12 Section 7.02 Airfield Operations 12 Section 7.03 Inspection of Premises 12 ARTICLE S - INDEMNITY AND INSURANCE 13 Section 8.01 Indemnification. 13 Section 8.02 Insurance. 13 Section 8,03 Environmental Impairment 14 Section 8.04 Fire and Extended Coverage Insurance. 14 Section 8.05 Waiver of Subrogation 14 Section 8.06 Application of Insurance Proceeds 15 Section 8.07 Performance Bonds. 15 Section 8.08 Destruction of Premises (Uninsured Cause) 15 ARTICLE 9 - CANCELLATION BY THE AIRPORT 15 Section 9.01 Events of Default by Operator 15 ii Page 23 of 468 Section 9.02 Remedies for Operator's Default. 16 ARTICLE 10 - CANCELLATION BY OPERATOR FOR EVENTS OF DEFAULT BY AIRPORT 17 Section 10.01 Event of Default by Airport 17 Section 10.02 Remedies for Airport's Default. 18 ARTICLE 11- RIGHTS UNDER TERMINATION 18 Section 11.01 Fixed Improvements 18 Section 11.02 Personal Property. 18 ARTICLE 12 - ASSIGNMENT AND SUBLETTING 19 Section 12.01 Assignment 19 ARTICLE 13 - QUIET ENJOYMENT 19 ARTICLE 14 - GENERAL PROVISIONS 19 Section 14.01 Non -Interference with Operations of Airport 19 Section 14.02 Attorney's Fees. 19 Section 14.03 Taxes and Special Assessments. 20 Section 14.04 Right to Contest 20 Section 14.05 License, Fees and Permits. 20 Section 14.06 Non -Exclusive Rights 20 Section 14.07 Paragraph Headings 20 Section 14.08 Interpretations 20 Section 14.09 Non -Waiver 20 Section 14.10 Severability 21 Section 14.11 Binding Effect. 21 Section 14.12 No Partnership 21 Section 14.13 Duty to be Reasonable 21 Section 14.14 Notices 21 Section 14.15 Entire Agreement. 21 Section 14.16 No Construction Against Drafting Party. 22 Section 14.17 Third -Party Beneficiaries, 22 Section 14.18 Authorization and Execution 22 iii Page 24 of 468 THE CITY OF WATERLOO - WATERLOO REGIONAL AIRPORT and A -LINE ALO, LLC LEASE SUMMARY TYPE OF AGREEMENT Hangar and Ground Site Lease Agreement TENANT A -Line ALO, LLC REPRESENTATIVE(S) Benjamin Stroh NOTICE ADDRESS 808 Dearborn Avenue, Waterloo, Iowa 50703. Office: 233-16921 Mobile: 504-1616 EFFECTIVE DATE January 1, 2019 TERM 40 years RENEWAL OPTIONS Operator has an option to further extend the lease agreement beyond the full 40 -year term• Operator's option shall extend to no greater than two (2) five (5) year option periods. TERMINATION DATE Initial Term: December 31, 2058 LEASEHOLD / ASSIGNED PREMISES Ground Site: TBD pending final construction drawings INITIAL RENTAL RATE Ground Rent - $364.58 per month ($0.125 per s.f per year- 35,000 s.f. — $4,375.00 per Yr.) - RENTAL ADJUSTMENT Adjusted by CPI, Midwest Region every five years OTHER FEES, RATES AND CHARGES A Fuel Flowage Fee (FFF) will be imposed by the Airport Operator if the tenant installs a self -fueling station for the sole purpose of fueling company aircraft. Fuel Flowage Fee, at Cents per Gallon, will be the same FFF as the Operator imposes on other aviation tenants as part of the Airport's Standard Rates and Charges. AUTHORIZED USE(S) Private aircraft storage and private aircraft maintenance. Note: This summary is presented as a reference of the agreement information at the time of execution. If there is a discrepancy between the information contained in this summary and the requirements contained in the remainder of the agreement, the requirements as stated in the remainder of the agreement will prevail. iv Page 25 of 468 City of Waterloo, Iowa and Waterloo Regional Airport AND A -LINE ALO, LLC Ground Site Lease Agreement THIS GROUND SITE LEASE AND DEVELOPMENT AGREEMENT (hereinafter referred to as the "Agreement", is entered into on , 2019, to be effective as of the Effective Date stated in Section 3.01, by and between the City of Waterloo, Iowa, c/o Waterloo Regional Airport (hereinafter referred to as the "Airport"), and A -LINE ALO, LLC, an Iowa Limited Liability Company (hereinafter referred to as the "Operator"). WITNESSETH: In consideration of the lease of certain real property and the covenants and agreements contained herein, the parties agree as follows: ARTICLE 1 PREMISES 1. The Airport hereby leases to Operator, for its and its Affiliates' (as defined herein) exclusive use as specifically authorized herein, and for no other use except as agreed to, and authorized herein, a tract(s) of land for construction of a hangar building as described below and located at the Waterloo Regional Airport (the "Airport"), on a plot of land containing approximately 35,000 square feet (140' x 250'), as shown on Exhibits A, B, & C attached hereto and incorporated herein by reference (the "Premises"). ARTICLE 2 OBJECTIVES AND PURPOSE OF LEASE Section 2.01 Use of Premises 1. The Operator's use of the Premises, including building[s] and facilities constructed thereon, is limited to the private storage and maintenance of Operator's and its Affiliates' aircraft, and those uses incidental thereto, in accordance with the Airport Rules & Regulations. For the purpose of this Agreement, the term "Affiliates" shall include any entity under the common control of A - Line ALO, LLC. 2. The Operator and its Affiliates, in addition to the use of the Premises, shall be entitled to the general use, in common with others, of all Airport facilities made available for use to the general public except as may be otherwise hereinafter provided. 3. For the purpose of this Agreement, "Airport facilities" shall include runways, taxiways, ramps, aircraft and automobile parking areas, roadways, sidewalks, navigation and navigational aids, lighting facilities, terminal facilities, aircraft fueling facilities or other areas of the Airport, that have been constructed at Airport's expense for the benefit of the Operator, Operator's tenants, and the general public. Provided, however, that the use of the above-mentioned airport facilities, by the Operator, shall be subject to their full compliance with such rules and regulations as now exist or may hereafter be enacted by the Airport. Operator understands and agrees that approved uses of Airport facilities are also subject to the payment of such fees and charges, including, but not limited to, landing fees, fuel flowage fees, airfield access charges, commissions on gross receipts, or ground site rents, if any, as may be established from time to time by the Airport for 1 Page 26 of 468 the maintenance, operation or replacement of the Airport, and Airport related facilities, with the parties' intent being that Operator be treated no differently from other users of Airport. The Airport will provide the Operator with notice and an opportunity to comrnent prior to implementation of any such new fees, and charges. 4. The aircraft maintenance permitted on the Premises is maintenance that can routinely be performed by the Operator and its Affiliates, employees of the Operator and its Affiliates, or persons contracted by the Operator and its Affiliates to perform warranty or specialty work, having the required licenses, certificates and permits to perform the work. Referenced maintenance shall be accomplished in accordance with all applicable building and fire codes and Airport Rules and Regulations / Minimum Standards. Section 2.02 Prohibited Uses The following activities are expressly prohibited: 1. The Operator may not use any part of the Premises or the improvements located thereon for any aviation or non -aviation activity or purpose, other than as expressly set forth and authorized in Section 2.01, unless such use is approved, in writing, by the Airport. 2. Operator may not offer commercial aeronautical services to the public from the Premises. 3. The Operator will not block the taxiways, runways or aircraft ramps or store aircraft upon taxiways or grass areas of the Airport. 4. The operation of automobiles, trucks, or other vehicles in the Air Operations Areas (AOA) of the Airport is prohibited, without approval of the Airport. S. The Operator, if constructing a self -fueling station, shall not undertake fueling operations for non - company aircraft, or retail fuel to non -company aircraft. Said self -fueling station shall be used only by Operator or employees of the Operator. 6. Any other activity not specifically authorized by this Agreement. Section 2.03 Conduct of Operations on Premises In its exercise and carrying out of the rights, privileges, duties, and obligations granted herein, and in its use of the Premises, Operator hereby obligates itself, and agrees to obligate all of its sub -lessees and/or occupants, to the following requirements and regulations: 1. Operator shall not consent to any unlawful use of the Premises, nor permit any such unlawful use thereof. 2. Operator agrees that all local, federal and state ordinances and laws will be observed in its use and occupancy of the Premises, including the rules and regulations of the federal and state aeronautical authorities and the local governing authorities. 3. Operator shall comply with all Airport rules, regulations and ordinances as they now exist or may hereafter be amended or adopted. 4. The operations of Operator, its sub -lessees, employees, invitees and those doing business with it, shall conduct all activities in an orderly and proper manner so as not to annoy, disturb or be offensive to others at the Airport. The Airport shall have the right to complain to Operator as to the demeanor, conduct and appearance of Operator's employees, sub -lessees, invitees and those doing business with it, and as to its and/or their failure to utilize said facilities at times, and in the manner, and according to the standards, mandated by the Airport, whereupon Operator will take 2 Page 27 of 468 all steps reasonably necessary to remove the cause of the complaint and bring the operations and services into compliance with such standards as promptly as possible. 5. Operator shall comply with all rules and regulations of the local and/or state fire marshal in the conduct of its operations on the Premises. 6. Operator shall abide by all environmental laws, rules and regulations contained in the Rules and Regulations as are applicable to Operator's activities. 7. Operator shall be responsible for the payment of water, gas and sewer charges and electric current, telephone service and other utilities utilized or consumed on the Premises and shall separately meter same. 8. Operator may have coin-operated telephones in the building[s] on the Premises, and may have any other reasonably appropriate vending machines as Operator deems necessary and appropriate on the Premises without having to secure the written consent of Airport. 9. Operator shall not use or permit the Premises to be used for the sale to its employees or to the public of any goods or services not directly related to those activities authorized in this Agreement. The Airport reserves the right to further develop its land and to lease the same for any lawful purpose whatsoever or to provide any services it deems necessary or desirable in its sole and absolute discretion, for the public, regardless of the desires or views of Operator, and without interference or hindrance. ARTICLE 3 TERM AND COMPENSATION Section 3.01 Initial Term The initial term of this Agreement shall be for forty (40) years, effective January 1, 2019 (the "Effective Date"), and terminating at 11:59 p.m. on December 31, 2058, subject to earlier termination as provided herein. Section 3.02 Rent 1. Ground Site Rent. In addition to financing all improvements and development of the Premises, the Operator shall pay an annual ground rent of $4,375.00, which is equal to $0.125 per square foot for 35,000 square feet of improved ground site. Said agreed rent shall be paid in advance monthly on the first day of each month in twelve (12) equal installments of $364.58. Rent is subject to adjustment as set forth in Section 3.04. 2. Payments. All payments are to be made at the office of the Waterloo Regional Airport, 2790 Livingston Lane, Waterloo, Iowa 50701. Payments are due on or before the first day of each month, starting the first month following the month in which an occupancy permit is first issued to Operator. Section 3.03 Options to Renew 1. Operator shall have the option to renew this Agreement for two (2) additional five (5) year (sixty (60) month) periods, provided that Operator is not then in default of this Agreement. The Operator may exercise its option to renew this Agreement by giving the Airport written notice of Operator's desire to renew at least one hundred eighty (180) days prior to the expiration of the Initial Term and the first renewal term, as applicable. 3 Page 28 of 468 2. Upon termination of this Agreement, through default or lapse of time, all fixed improvements to the Premises shall, automatically and without payment of any compensation, become property of the City of Waterloo / Airport as detailed in Article 11. Section 3.04 Future Adjustments of Rents and Fees As of the fifth anniversary of the Effective Date, and every five years thereafter, the annual rental payment shall be adjusted to reflect changes in economic conditions by multiplying the rental by a fraction, the denominator of which is the Consumer Price Index All Urban Consumers, All Cities, non - seasonally adjusted, (CPI, Midwest Region) 1982-1984 = 100, published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index") for the third month preceding the Effective Date and the numerator of which is the Index for the third month immediately preceding the beginning of each fifth year. In no event shall the Operator's rental obligation be reduced below the rent that is initially established by this Agreement. Should the United States Government revise its price index at any time, the parties hereto will follow such suggestions as the Government may issue for making an arithmetical changeover from one index to another. Should the price index be wholly discontinued, then its successor or the most nearly comparable successor index thereof, adjusted back to the date that is three (3) months prior to the date of this Agreement, shall be used. Section 3.05 Holding Over If Operator holds possession of the Premises after the expiration or termination of the Term, including any renewal term, by lapse of time or otherwise, Operator shall become a tenant at sufferance upon all of the terms contained herein, except as to Lease Term and Rent. During such holdover period, Operator shall pay to the Airport a monthly rental equivalent to one hundred fifty percent (150%) of the Rent payable by Operator to the Airport with respect to the last month of the Lease Term. The monthly rent payable for such holdover period shall in no event be construed as a penalty or as liquidated damages for such retention of possession. Without limiting the foregoing, Operator hereby agrees to indemnify, defend and hold harmless the Airport, its officials, agents, contractors and employees, from and against any and all claims, liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and expenses (including, without limitation, court costs and reasonable attorneys' fees) asserted against or sustained by any such party and arising from or by reason of such retention of possession, which obligations shall survive the expiration or termination of the Lease Term. Nothing herein shall be construed as requiring Airport to allow Operator to hold over, and doing so shall not be a waiver of any of Airport's rights at termination. Section 3.06 Late Charges The Operator shall pay to the Airport a late charge equal to 1.5% per month on all rent and fee charges which are 30 days past due. Said late charge shall commence on the past due amount from the date said payment was due and shall be computed to the date the past due amount is paid. This shall be in addition to, and in no way alters, any other rights reserved to the Airport, or existing in the Airport by virtue of the laws of the State of Iowa, or by the terms of this Agreement. Section 3.07 Surrender of Possession At the expiration of the term of this Agreement, including any renewal term(s), whether by lapse of time or otherwise, Operator shall promptly and peacefully surrender the Premises to the Airport in the condition in which it was received, subject to those improvements as outlined in Article 4 below and reasonable wear. 4 Page 29 of 468 Section 3.08 Chronic Late Payment Airport may also terminate this Agreement for the reason that Operator is chronically late with rental payments. Chronic late payments are defined as making a rental payment more than ten (10) days after the due date on three (3) or more occasions during any consecutive 12 -month period during the term of this Agreement. Section 3.09 Dishonored Checks If Operator makes a payment due under this Agreement with a check or other payment method that has been returned/dishonored by the bank, Operator shall pay a $20.00 administrative fee to Airport and shall also reimburse Airport for any fees charged to Airport by its bank (collectively, "Dishonored Funds Fees"), payable with the next rental payment due after receipt of Airport's written demand for such fee. This amount is in addition to the "Late Fee". Dishonored Funds Fees shall be deemed additional rent. Section 3.10 Application of Payment Money paid by Operator to Airport shall be applied first to interest, second to court costs legally chargeable to Operator, third to attorney fees chargeable to Operator, fourth to outstanding repair bills that are the responsibility of the Operator, and fifth toward rent. ARTICLE 4 OPERATOR'S CONSTRUCTION REQUIREMENTS Section 4.01 Requirements for Improvements on Premises Unless otherwise agreed by the Airport, Operator shall, at its sole expense, construct on the Premises, as provided in Sections of this Article 4, such buildings, structures, fencing, roadways, utility lines, additions, and improvements as are necessary in furtherance of the purposes set forth in Article 2, and the Operator shall install herein and thereon such equipment and facilities as the Operator or the Airport may deem necessary or desirable. Provided, however, that no building, structure, fencing, roadway, utility lines, addition or improvement of any nature shall be made or installed by the Operator without the prior written consent of the Airport as herein provided. The Operator shall provide to Airport, upon written request, with proof that funds necessary to complete construction of the improvements have been irrevocably dedicated to such construction. All improvements constructed under this Agreement shall be in accordance with all applicable laws, rules, regulations and ordinances. Section 4.02 Initial Construction Dates Construction of the initially approved Operator Improvements, which are more fully described in Exhibit D attached hereto and fully incorporated herein by reference, on the Premises shall begin no later than 120 days from the date the City / Airport approves such construction, and shall be completed no later than 12 months from the date of such approvals, or a date as mutually agreed to by Airport and Operator in writing. Operator shall be responsible, at its own expense, to demolish any structures or other improvements on the Premises that obstruct or interfere with approved Operator Improvements, to properly abate any asbestos or other Hazardous Materials as defined in Section 8.03, and to properly and safely dispose of demolition materials, including but not limited to hazardous materials, away from the Airport. In the event Operator shall fail to begin construction within the initial 120 -day period, Airport shall have the right to terminate construction authorization and this Agreement, through written notice. In the event 5 Page 30 of 468 Operator shall fail to complete construction within the 12 -month construction period, Airport shall have the right to terminate this Agreement through written notice, after filing a claim against the performance bond provided in accordance with Section 4.12 in order to fund the completion of the construction. Even if this Agreement is terminated for non-performance, Operator shall remain obligated to pay any unpaid rent or other charges. Section 4.03 Approvals of Construction Plans The Operator covenants and agrees that prior to the preparation of detailed construction plans, specifications and architectural renderings of any such building, structure, roadway, addition or improvement, it shall first submit plans showing the general site plan, design and character of improvements and their locations, including drainage and roadways to the Airport for approval. The Airport agrees to review such plans within 30 days of receipt from the Operator. The Operator covenants and agrees that prior to the installation or construction of any present and future building, roadway, structure, addition or improvement on the Premises, it shall first submit to the Airport / City Planning and Zoning, for final approval, final detailed construction plans and specifications and architectural renderings prepared by registered architects and engineers, and that all construction will be in accordance with such plans and specifications, and all other applicable rules, regulations, laws and ordinances. Section 4.04 Extension of Utilities or Special Facilities The Operator shall contract, and extend, at its sole expense, all necessary utility, electrical, water, sewer and other lines needed to service any hangars and buildings initially constructed or constructed in the future by the Operator on the Premises. Airport will cooperate with relocation of utilities and related easements as necessary. The Operator shall construct for the Premises, at its expense, connecting roadways and taxiways to the existing roadway and taxiway systems. All utility extensions, relocations, and other construction shall be undertaken by Operator at its own expense and in accordance with all applicable City Codes and ordinances. Section 4.05 Construction of Additional or Future Facilities The Operator has the right to construct additional buildings or facilities on the Premises. Prior to such construction, the Operator agrees to submit to the Airport for approval, final plans, specifications and architectural renderings prepared by registered architects and engineers, and comply with all other requirements of Section 4.03. The use of additional or future facilities shall also be subject to the terms and conditions hereof. Section 4.06 Alterations or Repairs to Premises The Operator shall not construct, install, remove and/or modify external or structural portions of the buildings constructed upon the Premises without the prior written approval of the Airport. The Operator shall submit for approval by the Airport, its plans and specifications for any proposed proj ect and shall comply with all applicable code requirements and such other conditions considered by the Airport to be necessary. The Operator can make internal improvements to the Premises without the Airport's consent as long as said changes meet all applicable Code requirements. Section 4.07 Lien Indemnification Operator shall keep the Premises and the building(s) free from liens arising out of any work performed and/or materials ordered, or from any obligations incurred by Operator. In the event any person or corporation shall, as a result of construction work being performed by or for the Operator, attempt to 6 Page 31 of 468 assess a lien against the Premises, the Operator shall hold the Airport harmless from such claim, including the cost of defense. Section 4.08 Cost of Construction and Alterations Within thirty (30) days of completion of the construction or alterations, the Operator shall present to the Airport for examination and approval a sworn statement of the construction and/or alteration costs. Construction and/or alteration costs for the purpose of this Section are hereby defined as all money paid by the Operator for actual site preparation, construction or alteration, including architectural and engineering costs plus pertinent fees in connection therewith. In the event that the Operator makes further improvements or alterations on the Premises, the use thereof shall be enjoyed by the Operator during the term hereof without the additional rental therefor. Section 4.09 As -Built Drawings Within one -hundred eighty (180) days following completion of any future construction by the Operator and any subsequent additions, alterations or improvements, the Operator shall present to the Airport a complete set of "As -Built" drawings including, but not limited to, architectural renderings, specifications, plumbing, and electrical plans. Section 4.10 Security Interest on Leasehold Improvements for Construction Operator is not authorized to initiate a security interest in property or facilities financed and constructed by the Airport. Operator shall have the right to place a security interest, hereinafter referred to as "the mortgage," upon, and for, improvements financed by the Operator on the Premises only and shall not encumber or be a lien upon the land. All of the Operator rights and obligations under this Agreement shall inure to the benefit of such mortgagee named in said mortgage ("the Lender") and its assignees. The rights granted in this Section 4.10 are contingent upon Operator providing the Airport with copies of the signed loan documents, if applicable, and security agreements, and the name, address and mailing address of the Lender for purposes of providing any notices thereto. The Lender named in such a mortgage shall have the following rights and shall be subject to the following duties: 1. The term of the mortgage may not exceed the Initial Term of this Agreement detailed in 3.01. 2. In the case of a default by the Operator under the terms of the mortgage against Operator's building, the Lender shall have the right to assume the rights, benefits, duties and obligations granted and imposed upon the Operator under the terms of this Agreement, including the obligation to pay all delinquencies in rent or other obligations of the Operator. Such Lender shall have the right to assign its interest in this Agreement to a third party with the Airport's approval, which will not be unreasonably withheld, provided that such assignee meets all of the requirements of this Agreement and possesses the financial and managerial experience to perform the commercial activities and to pay the rents specified in this Agreement. 3. Any Lender acquiring ownership and possession of the building(s) located upon the Premises shall have a reasonable period of time, not to exceed 30 days, to provide or arrange for providing all the services that are required to be provided of the Operator under the terms of this Agreement, or a tenant that is otherwise satisfactory to the Airport. 7 Page 32 of 468 4. All notices required by Section 14.14 hereof to be given by Airport to Operator shall also be given to Lender at the same time and in the same manner. Upon receipt of such notice, Lender shall have the same rights as Operator to correct any default. 5. Within ten (10) days after Operator's request, Airport shall deliver an Estoppel Certificate, a declaration to any person designated by Operator: a. Ratifying this Agreement; b. Stating the commencement and termination date and the rent commencement date; and c. Certifying: • That this Agreement is in full force and effect has not been, to the knowledge of the Airport, assigned, modified, supplemented or amended (except by such writings as shall be stated); • That all conditions under this Agreement to be performed by Operator have been satisfied (stating exceptions, if any); • No defenses or offsets against the enforcement of this Agreement by Operator exist (or stating those claimed); • The date to which rent has been paid, and such other information as Operator reasonably requires. Section 4.11 Ownership of Improvements For the initial term and any extension or renewal term as may be agreed to, any building, or other improvements to Premises, constructed and paid for by the Operator shall be owned by the Airport, subject to this Agreement, and may be encumbered by a security interest for construction funding only as provided for in Section 4.10 hereof. No other lien or encumbrance shall be permitted except as provided for in Section 4.10 hereof other than by lien of the Airport on account of default by the Operator in payment of sums required to be paid to the Airport under the terms of this Agreement. Any building or other improvements constructed and paid for by the Airport shall remain the property of the Airport. During the term of this Agreement, the Operator is obligated to pay ground rent only and is not obligated to pay rent on the buildings and improvements erected and installed by Operator. If, upon expiration of the term, Operator's occupancy is extended by mutual agreement of the parties, it is intended that Operator will pay ground and building rent and other sums as may be provided for herein. However, should this Agreement not be extended by Operator as provided herein, Operator shall no longer have the right to sublet, assign, mortgage, or otherwise encumber the Premises or the buildings and improvements erected thereon. Following such termination at the end of the initial term, any further lease of the Premises by the Airport to any other party shall be based upon the Fair Market Rental Value (FMV) of the land and buildings on the Premises according to the Airport's then applicable leasing policies. Section 4.12 Performance Bonds — Construction Guarantee For the initial and any future construction funded by the Operator, Operator shall, before commencing construction, cause a surety bond or another form of security acceptable to the Airport to be issued in the amount equal to 100% of the building(s) and site development construction costs, that assures that the 8 Page 33 of 468 funds to cover the cost of the project are irrevocably set aside and available to the Airport to complete the improvement to Airport -owned property should the Operator fail to do so. ARTICLE 5 OBLIGATIONS OF OPERATOR Section 5.01 Net Lease The use and occupancy of the Premises by the Operator will be without cost or expense to the Airport. The Operator shall not use any facilities for any residential purposes. Additionally, it shall be the sole responsibility of the Operator to maintain, repair and operate the entirety of the Premises, and any approved improvements and facilities constructed thereon, at the Operator's sole cost and expense. Section 5.02 Maintenance and Operation The Operator shall maintain the Premises at all times in a safe, neat and clean condition free of weeds, rubbish, or any unsightly growths or accumulations of any nature whatsoever. The Operator shall repair all damage to the Premises caused by its employees, patrons, or its operation thereon; shall maintain and repair all equipment thereon, including any buildings and improvements; and shall repaint the buildings as necessary. 1. Upon occupancy, the Operator shall be responsible for and perform all maintenance, including but not limited to: a. Janitorial services, providing janitorial supplies, window washing, rubbish, and trash removal. b. Supply and replacement of light bulbs in and on all buildings and the Premises, obstruction lights and replacement of all glass in building, including plate glass. c. Cleaning of stoppages in plumbing fixtures, drain lines and septic system to the first manhole outside the Premises. d. Replacement of floor coverings. e. Maintenance of all building and overhead doors and door operating systems including weather stripping and glass replacement. f. Building interior and exterior maintenance, including painting, repairing and replacement. g. Repair or replacement of equipment and utilities to include electrical, mechanical and plumbing in all buildings, including but not limited to air conditioning and heating equipment. All repairs to electrical and mechanical equipment are to be made by licensed personnel. Other repairs are to be made by craftsmen skilled in work done and performing such work regularly as a trade or career. h. The Operator shall perform all maintenance on the Premises or Operator -constructed structures, pavements and equipment and utilities to the point where connected to the main source of supply or the first manhole outside of the Premises or to the utility corridor. 9 Page 34 of 468 i. The Operator shall advise the Airport, and obtain the Airport's consent in writing, before making changes involving structural changes to buildings or Premises. j. The Operator is responsible for maintaining electric loads within the designed capacity of the system. Prior to any change desired by the Operator in the electrical loading which would exceed such capacity, written consent shall be obtained from the Director of Aviation of the Airport. k. The Operator shall provide and maintain hand fire extinguishers for the interior of all buildings, shop, parking, storage, and ramp areas in accordance with applicable fire and safety codes. 1. The Operator shall during the term of this Agreement, comply with all applicable Federal Aviation Regulations, to include, but not be limited to FAR Part 77 (Airspace) and applicable lighting of the structure so as not to inhibit aircraft operations. 2. The Operator, upon written notice by the Airport to the Operator, shall be required to perform maintenance. If said maintenance is not undertaken by the Operator within thirty (30) days after receipt of written notice, the Airport shall have the right to enter upon the Premises and the buildings and improvements constructed thereon, and perform the necessary maintenance, the cost of which shall be borne by the Operator as additional rent, which shall be paid by the Operator to the Airport in full within ten (10) days after the same has been billed. Section 5.03 Utilities The Operator shall assume and pay for all costs or charges for utility services, including water, gas, electrical, sewer, telephone, and other utilities, furnished to the Operator during the term hereof. Provided, however, that the Operator shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets at its own cost and expense for the Premises, any future improvements; and, the Operator shall pay for any and all service charges incurred therefore. Section 5.04 Trash, Garbage, Etc. The Operator shall collect, store and properly handle and dispose of, away from the Airport, all trash, garbage, hazardous materials and other refuse caused as a result of its operations. The Operator shall provide and use suitable covered metal receptacles (dumpsters) for all such garbage, trash, and other refuse. Receptacles shall not be located on the aviation side of the Operator's facilities unless advance approval is obtained by the Director of Aviation. The piling of boxes, cartons, barrels, pallets, debris, or similar items in an unattractive or unsafe manner, on or about the Premises, shall not be permitted. Section 5.05 Signs The Operator shall not erect, maintain, or display upon the outside of any improvements on the Premises any billboards or advertising signs without prior written approval by the Airport. Section 5.06 Non -Discrimination The Operator, for itself, its personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (A) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises; (B) that in the construction of any improvements on, over, or 10 Page 35 of 468 under such land and the furnishing of services thereon no persons on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (C) that the Operator shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and Transportation, and said Regulations may be amended, to the extent that said requirements are applicable, as a matter of law, to the Operator. With respect to the Premises, the Operator agrees to furnish services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service, if applicable; Provided, that the Operator may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Section 5.07 Observance of Statutes and Regulations The granting of this Agreement and its acceptance by the Operator is conditioned upon the right to use the Airport facilities in common with others authorized to do so, provided, however, that the Operator shall observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, regulations and standards applicable to the Operator for its use of the Premises, including but not limited to, rules and regulations or standards promulgated from time to time by the Airport for the administration of the Airport. Section 5.08 Hazard Lights The Operator shall, at its expense, provide and maintain hazard lights on any future structure erected by the Operator on the Premises, if required by the Airport and Federal Aviation Administration regulations. Any hazard lights so required shall comply with the specifications and standards established for such installations by the FAA. Section 5.09 Airport Security The Operator recognizes the Airport's required compliance with Federal Aviation Regulations and the Department of Homeland Security, concerning airport security requirements and agrees to comply with the TSA -approved Airport Security Plan as it relates to its use of the Premises and the Airport's public facilities. If Airport receives any notice of violation or other disciplinary correspondence or document for the uncontrolled or unauthorized access by members of the public that do not have a business requirement to access the air operations area (AOA) for this area of the Airport, and if Airport receives any civil penalty caused solely by Operator's neglect to maintain a secure perimeter, Operator shall reimburse Airport for any civil penalty imposed by the Department of Homeland Security, the Transportation Security Administration, or other governing authority. ARTICLE 6 OBLIGATIONS OF THE AIRPORT Section 6.01 Operation as a Public Airport The Airport covenants and agrees that at all times it will operate and maintain the Airport facilities, as a public airport consistent with, and pursuant to, the "Sponsor's Assurances" given by the Airport to the United States Government under the Federal Airport Act. 11 Page 36 of 468 Section 6.02 Ingress and Egress Upon paying the rental prescribed herein, and performing the covenants of this Agreement, the Operator shall have the right of ingress to, and egress from, the Premises for the Operator, its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over the roadway serving the area of the Premises. Airport roadways shall be used jointly with other tenants of the Airport, and the Operator shall not interfere with the rights and privileges of other persons or firms using said facilities and shall be subject to such weight and type of use restrictions as the Airport deems necessary. Section 6.03 Snow Removal Operations and Turf Maintenance The Airport shall be responsible for all snow removal operations on the Premises and auto parking areas, if any, in its use. The Airport shall also perform turf maintenance during the non -winter seasons. Combined, the Airport shall do so in a manner which does not interfere with tenant operations or damage property. ARTICLE 7 AIRPORT'S RESERVATIONS Section 7.01 Improvements, Relocation or Removal of Structure The Airport, in its sole discretion, reserves the right to further develop or improve the Aircraft Operating Area (AOA), and other portions of the Airport, including the right to remove or relocate any structure on the Airport, as it sees fit, and to take any action it considers necessary to protect the aerial approaches of the Airport against obstructions, together with the right to prevent the Operator from erecting, or permitting to be erected, any buildings or other structure on the Airport which, in the opinion of the Airport, would limit the usefulness of the Airport or constitute a hazard to aircraft. In the event the Airport requires the Premises for expansion, improvements, or development of the airport, the Airport reserves the right, on a twelve (12) month notice, at no cost to the Operator, to relocate or replace the Operator's improvements, in substantially similar form at another generally comparable location on the Airport grounds. It is understood that the Operator is fulfilling an FAA air traffic control function and that any such relocation will be accomplished with no delay or discontinuance of service to the flying public. This Agreement shall be amended to include any such new ground site. All other Agreement terms shall remain in full force and effect. In the event of such relocation or replacement, the Airport agrees to suspend rental during any period such improvements are unusable. Section 7.02 Airfield Operations There is hereby reserved to the Airport, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known of hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the Airport. Section 7.03 Inspection of Premises The Airport, through its duly authorized agent, shall have at any reasonable time with prior notice, the full and unrestricted right to enter the Premises for the purpose of periodic inspection for fire protection, maintenance and to investigate compliance with the terms of this Agreement. 12 Page 37 of 468 ARTICLE 8 INDEMNITY AND INSURANCE Section 8.01 Indemnification 1. The Operator agrees to indemnify, save, hold harmless and defend the Airport, its officials, agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all reasonable expenses incidental to the investigation and defense thereof, in any way arising out of or resulting from any acts, omissions or negligence of the Operator, its agents, employees, licensees, successors and assigns, or those under its control; in, on or about Premises or upon Premises; or in connection with its use and occupancy of Premises or use of the Airport; PROVIDED, HOWEVER, that the Operator shall not be liable for any injury, damage, or loss to the extent occasioned by the negligence or willful misconduct of the Airport, its agents or employees. When knowledge of any action becomes known by the Operator or the Airport, they shall give prompt written notice to the other party. 2. The Operator shall indemnify, save, hold harmless, and defend the Airport, its agents and employees, its successors and assigns, individually or collectively, from and against all liability for any claims and actions and all expenses or fines incidental to the investigation and defense thereof, in any way arising from or based upon the violation of any federal, state, or municipal laws, statutes, ordinances or regulations by the Operator's agents, employees, licensees, successors and assigns, or those under its control. The Operator shall not be liable for any claims, actions and expenses or fines, incidental to the investigation and defense thereof, in any way arising from or based upon violation of any federal, state, or municipal laws, statutes, ordinances, or regulations by the Airport, its agents, employees, licensees, successors and assigns, or those under its control. Section 8.02 Insurance 1. Without limiting the Operator's obligation to indemnify the Airport, the Operator shall provide, pay for, and maintain in force at all times during the term of this Agreement a policy of comprehensive general liability insurance to protect against bodily injury liability and property damage in an aggregate amount of not less than $2,000,000.00 per occurrence; a policy of comprehensive automobile liability insurance in a combined single limit of not less than $2,000,000.00; and statutory workers compensation insurance. Before Operator enters into possession of the Premises, and promptly upon renewal of any policy, it shall furnish the Airport, as evidence that such insurance is in force, a certified copy of the insurance certificate(s) including the City of Waterloo, Iowa and the Waterloo Regional Airport as additional insureds on a primary and non-contributory basis. Said policies shall be in a form and content satisfactory to the Airport and shall provide for thirty (30) days' advance written notice to the Airport prior to the cancellation of or any material change in such policies. 2. Neither the Airport nor its agents shall be responsible for the theft of or damage to any personal property of Operator or its guests or invitees, for damage, loss or destruction of personal property of Operator or of Operator's guests or invitees because of fire, water, acts or omissions of third parties or any cause whatsoever unless caused by the negligent acts of Airport of its agents. Operator shall procure and maintain, at its own expense, insurance covering Operator's personal property and to the fullest extent possible without violating any such insurance coverage, Operator waives all claims and subrogation rights against Airport arising out of any loss of or damage to any personal property owned by or in the possession or control of Operator. 13 Page 38 of 468 Each party also releases the other party from any other liability for loss, damage or injury caused by fire or other casualty for which insurance is carried by the insured party to the extent of any recovery by the insured under such insurance policy, other than as set forth in Section 8.04 and 8.05 below. Section 8.03 Environmental Impairment 1. The Operator will comply with any environmental regulations affecting its operations throughout the term of this Agreement, including furnishing of insurance or other security against environmental impairment risks as required by the Airport. 2. Operator shall defend, indemnify, protect, and hold the Airport harmless from and after the date of this Agreement from and against any and all claims, costs, fines, judgments, and liabilities, including attorney fees and costs, arising out of or in connection with the presence, storage, use, or disposal of Hazardous Materials or contaminants in, on, under, or about the Premises caused by the acts, omissions, or negligence of Operator or Operator's agents, employees, business invitees, contractors, or subcontractors. To the extent permitted by applicable law, the Airport shall indemnify and hold Operator harmless from and against any and all claims, costs, fines, judgments, and liabilities, including attorney fees and costs, arising out of or in connection with Hazardous Materials or contaminants that are present in, on, under, or about the Premises as of the time that Operator, its agents or contractors, enter into possession of the Premises. The Airport represents that as of the date of this Agreement, the Airport has no knowledge and is not aware of any Hazardous Materials or contaminants in, under or about the Premises. Operator's obligations under this paragraph shall survive the expiration or earlier termination of the term of this Agreement. For purposes of this Agreement, Hazardous Materials means any flammables, explosives, radioactive materials, petroleum or petroleum byproducts, minerals, metals, chemical substances, asbestos or asbestos -containing materials, hazardous or toxic substances, or any other materials or wastes as are presently defined in or regulated under federal or state environmental laws, and the Airport's Rules and Regulations. Section 8.04 Fire and Extended Coverage Insurance The Operator shall, at its expense, procure and keep in force at all times during the terra of this Agreement with a company suitable to the Airport, insurance on the building(s) and other improvements on the Premises against loss and damage by fire, aircraft and extended coverage perils. This coverage shall include covering the building, aircraft and contents from Acts of God, flood, tornado, high wind conditions, snowloads or snow and ice coverage, lightning, or other adverse weather conditions not listed above. The Operator shall furnish evidence of insurance at lease inception and annually upon renewal of coverage. Insurance shall name the City of Waterloo, Iowa and the Waterloo Regional Airport as additional insureds. Section 8.05 Waiver of Subrogation Operator and Airport, each for itself and its respective successors and assigns (including, without limitation, any person, firm or corporation which may become subrogated to any of its rights) waives any and all rights and claims for recovery against the other party, and its officials, officers, board members, employees, agents and assigns, or any of them, on account of any loss or damage to any of its property located on the Premises insured under any valid and collectible insurance policies, to the extent of any recovery collectible under such insurance policies. Each insurance policy carried by a party and insuring 14 Page 39 of 468 all or any part of such property must provide that the insurance company waive all right of recovery by way of subrogation against the other party. Section 8.06 Application of Insurance Proceeds If the building or improvements located upon the Premises shall be partially or totally destroyed or damaged, the Operator and the Airport, within thirty (30) days of the damage shall decide whether or not to proceed with restoration. If the Airport and the Operator elect not to restore the same to their previous condition, the Airport shall be entitled to receive the proceeds of insurance payable by reason of such loss and to apply the entire proceeds to the cleanup of the Premises, except those proceeds identified to cover the loss of Operator's personal property contained within the Premises. The Agreement shall then be canceled. If the damage results from an insurable cause and if the Airport elects to have the Operator restore Premises with reasonable promptness, or the Airport and Operator decide to construct the new building(s) on another site, the Operator shall be entitled to receive and apply the entire proceeds of any insurance covering such loss to said restoration, including applicable site clean-up, in which event this Agreement shall be appropriately amended as necessary and continue in full force and effect. Section 8.07 Performance Bonds In the event of any damage or loss, the Operator shall cause a surety bond to be issued in the amount of 100% of the rebuilding and site redevelopment construction costs, prior to the beginning of any reconstruction and repairs financed by the Operator for the restoration of Premises that is over and above insurance proceeds, in accordance with Section 8.05 above, or another form of security acceptable to the Airport that assures that the funds to cover the cost of the project are irrevocably set aside and available to the Airport to complete the improvement to Airport -owned property should the Operator fail to do so. Section 8.08 Destruction of Premises (Uninsured Cause) In the event of damage to or destruction or loss of the building or buildings by an uninsured cause, Operator and the Airport shall decide, within thirty (30) days of the event, whether Operator will repair, restore, rebuild, or raze said building or buildings. Within sixty (60) days of the event, Operator shall initiate restoration or razing activities and complete those activities within one hundred twenty (120) days of the event unless otherwise agreed by the Airport. In the event Operator fails to take action as noted above, Airport shall have the right to raze the building(s) and return the site to its original condition. Operator shall be liable for reimbursing the Airport for all costs incurred. ARTICLE 9 CANCELLATION BY THE AIRPORT Section 9.01 Events of Default by Operator Each of the following events shall constitute an "Event of Default by Operator": 1. Operator fails to pay rentals, fees and charges when due, and such default continues for a period of ten (10) days after receipt of written notice from the Airport that such non-payment constitutes an event of default. 2. Operator fails after receipt of written notice from the Airport to keep, perform or observe any term, covenant or condition of this Agreement, other than as set forth in paragraph 1 (above) and such failure continues for thirty (30) days after such receipt, or if by its nature such event of default by Operator cannot be cured within such thirty (30) day period, Operator fails to commence to cure or remove such event of default by the Operator within said thirty (30) days and to cure or remove same as promptly as reasonably practicable. 15 Page 40 of 468 3. Operator abandons the Premises. Operator's intent not to re -occupy the Premises may be presumed upon expiration of ten (10) days after receipt of written notice from the Airport that it believes in good faith that Operator has abandoned the Premises. 4. Operator shall become insolvent, shall take the benefit of any present or future insolvency statute, shall make a general assignment for the benefit of creditors, shall file a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof, or shall consent to the appointment of a receiver, trustee, or liquidation of all or substantially all of its property. 5. An order for relief shall be entered at the request of Operator or any of its creditors under the federal bankruptcy or reorganization laws or under any law or statute of the United States or any state thereof. 6. A petition under any part of the federal bankruptcy laws or an action under any present or future insolvency law or statute shall be filed against the Operator and shall not be dismissed within thirty (30) days after the filing thereof. 7. By or pursuant to, or under, any legislative act, resolution or rule, or any order of decree of any court or governmental board or agency, an officer, receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of Operator and such possession or control shall continue in effect for a period of fifteen (15) days. 8. Operator shall become a company in dissolution, or voluntarily or involuntarily forfeit its company charter, other than through merger with a successor entity. 9. The rights of the Operator hereunder shall be transferred to, pass to, or devolve upon, by operation of law or otherwise, any other person, firm, corporation or other entity, as a result of any bankruptcy, insolvency, trusteeship, liquidation or other proceedings or occurrence described in Sections 3 through 7 above. Section 9.02 Remedies for Operator's Default 1. Upon the occurrence of an "Event of Default by the Operator", Operator shall remain liable to the Airport for all arrearages of rentals, fees or charges payable hereunder and for all preceding breach(es) of any term, covenant or condition herein contained. The Airport, in addition to the right of termination, and to any other rights or remedies it may have at law or in equity, shall have the right of re-entry and may remove all Operator's persons and property from the Premises. Upon any such removal, Operator's property may be stored in a public warehouse or elsewhere at the cost of, and for the account of, the Operator. Should the Airport elect to re-enter as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided by law, it may, at any time subsequent to an "Event of Default by the Operator", either terminate this Agreement or re -let the Premises and any improvements thereon, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Agreement) at such rentals, fees and charges, and upon such other terms and conditions, as the Airport, in its sole discretion, may deem advisable, with the right to make alterations, repairs or improvements on said Premises. No re-entry or re -letting of the Premises by the Airport shall be construed as an election of the Airport's part to terminate this Agreement, unless a written notice of such intention is given to the Operator. In re -letting the Premises, the Airport shall make a good faith effort to obtain terms and conditions no less favorable to itself than those contained herein and otherwise seek to mitigate any damage it may suffer as a result of the "Event of Default by the Operator". 16 Page 41 of 468 2, Unless the Airport elects to terminate this Agreement, the Operator shall remain liable for and promptly pay all rentals, fees and charges accruing hereunder until termination of this Agreement at the expiration date set forth herein. 3. In the event that the Airport re -lets the Premises, rentals, fees and charges received by the Airport from such re -letting shall be applied: first, to the payment of any obligation or indebtedness other than rentals, fees and charges due hereunder from the Operator to the Airport; second, to the payment of any cost of such re -letting; third, to the payment of rentals, fees and charges due and unpaid hereunder; and, the residue, if any, shall be held by the Airport and applied in payment of future rentals, fees and charges as the same may become due and payable hereunder. Should that portion of such rentals, fees and charges received from such re -letting applied to the payment of rentals, fees and charges due hereunder be less than the rentals, fees and charges payable during the applicable period, Operator shall pay such deficiency to the Airport. The Operator shall also pay to the Airport, as soon as ascertained, any costs and expenses incurred by such re -letting not covered by the rentals, fees and charges received from such re -letting. 4. Notwithstanding anything to the contrary in this Agreement, if a dispute arises between the Airport and Operator with respect to any obligation or alleged obligation of the Operator to make payment(s) to the Airport, the payment(s) under protest by the Operator of the amount claimed by the Operator to be due shall not waive any of the Operator's rights, and if any court or other body having jurisdiction determines all, or any part, of the protested payment was not due, then the Airport shall as promptly as reasonably practicable reimburse the Operator any amount determined as not due plus interest on such amount at the rate of 12% per annum. 5. Operator shall pay to the Airport all reasonable costs, fees (including attorneys & accountants) and expenses incurred by the Airport in the exercise of any remedy upon an event of default by the Operator. 6. All remedies available to Airport are cumulative and no one remedy will be exclusive of another remedy conferred by law or this Agreement. ARTICLE 10 CANCELLATION BY OPERATOR FOR EVENTS OF DEFAULT BY AIRPORT Section 10.01 Event of Default by Airport Each of the following events shall constitute an "Event of Default by Airport": 1. The Airport fails, after receipt of written notice from Operator, to keep, perform or observe any term, covenant or condition herein contained to be kept, performed or observed by the Airport and such failure continues for thirty (30) days; or, if, by its nature, such "Event of Default by Airport" cannot be cured within such thirty (30) day period, the Airport fails to continence to cure or remove such "Event of Default by Airport" within said thirty (30) days and to cure or remove the same as promptly as reasonably practicable. 2, The Airport closes the Airport to flights in general or to the flights of the Operator, for reasons other than weather, acts of God or other reasons beyond its control, and fails to reopen the Airport to such flights within sixty (60) days of such closure, and such closure negatively affects the Operator's use of Premises. 17 Page 42 of 468 3. The Airport is permanently closed by act of any federal, state or local government agency having competent jurisdiction. 4. The Operator is unable to use the Airport for a period of at least sixty (60) days due to any law or any order, rule or regulation of any appropriate governmental Airport having jurisdiction over the operations of the Airport, or any court of competent jurisdiction issues an injunction in any way preventing or restraining the use of the Airport, or any part thereof, for airport purposes, and such injunction remains in force for a period of at least sixty (60) days and such situation negatively affects the Operator's use of Premises. 5. The United States Government or any authorized agency of the same (by executive order or otherwise) assumes the operation, control or use of the Airport and its facilities in such a manner as to substantially restrict Operator from conducting its operations, and such restrictions shall continue for a period of at least sixty (60) days. Section 10.02 Remedies for Airport's Defaults Upon the occurrence of an "Event of Default by Airport", the Operator shall have the right to suspend or terminate this Agreement, and all rentals, fees and charges payable by Operator under this Agreement shall abate during a period of suspension or shall terminate, as the case may be. In the event that Operator's operations at Airport should be substantially restricted by action of any governmental agency having jurisdiction thereof, then Operator shall, in addition to the rights of termination herein granted, have the right to a suspension of this Agreement, or part thereof, and abatement of an equitable proportion of the payments due hereunder, from the time of giving written notice of such election until such restrictions shall have been remedied and normal operations restored. In addition to its remedy of termination, the Operator shall be entitled to all other remedies available to it by law or equity. Airport shall pay to the Operator all reasonable costs, fees (including attorneys & accountants) and expenses incurred by the Operator in the exercise of any remedy upon an event of default by the Airport. ARTICLE 11 RIGHTS UNDER TERMINATION Section 11.01 Fixed Improvements It is the intent of this Agreement that any buildings, leasehold improvements, alterations and items affixed thereto, that are constructed and paid for by the Operator shall be and remain the property of the Operator during the entire term (initial term and renewal terms) of this Agreement. Upon termination of this Agreement, title to all buildings and leasehold improvements to or upon the Premises shall, without payment of compensation, automatically and irrevocably pass to the Airport, and the Operator shall have no further rights under this Agreement nor shall it have any interest in the Premises, buildings or improvements, constructed thereon. Section 11.02 Personal Property Upon termination of this Agreement, the Operator shall remove all personal property, and items not affixed, from the Premises within thirty (30) days after said termination. If the Operator fails to remove said personal property, then said personal property shall be deemed abandoned and title thereto shall, without payment of compensation, automatically and irrevocably pass to City / Airport and, at the sole option of City / Airport, such personal property may thereafter be removed by the Airport at Operator's expense, if applicable. 18 Page 43 of 468 ARTICLE 12 ASSIGNMENT AND SUBLETTING Section 12.01 Assiknment The Operator shall not assign or sublet this Agreement, or any part hereof, in any manner whatsoever, or assign any of the operating privileges recited herein, without the prior written consent of the Airport and under such terms and conditions as Airport may impose, which shall not be unreasonably withheld, delayed, or conditioned. The term "assignment" includes, without limitation, a transfer of a majority in interest of the ownership of Operator or transfer by operation of law. Provided, however, in the event the Airport approves such assignment, Operator shall remain liable to the Airport for the remainder of the term of this Agreement to pay to the Airport any portion of the rental and fees provided for herein upon failure of the assignee to pay the same when due. Said assignee shall not assign said Agreement except with the prior written approval of the Airport and the Operator herein, and any assignment by the Operator to any third party shall contain a clause to this effect. The Airport reserves the right to require assignee, as a condition to Airport's consent to assignment, to enter into a new lease agreement, if the then legal and operational requirements of the Airport, including Rules and Regulations, require changes relating to such items as the commercial operating Airport, additional or changes to the uses of leased property, or changes in term or conditions of the land lease. ARTICLE 13 QUIET ENJOYMENT The Airport covenants that the Operator, upon payment of the rentals reserved herein and the performance of each and every one of the covenants, agreements and conditions on the part of the Operator to be observed and performed, shall and may, peaceably and quietly, have, hold and enjoy the Premises for the term of this Agreement, free from molestation, or disturbance. ARTICLE 14 GENERAL PROVISIONS Section 14.01 Non -Interference with Operations of Airport The Operator, by accepting this Agreement, expressly agrees for itself, its successors and assigns, that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft at the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the Airport reserves the right, exercisable without notice, to enter upon the Premises hereby leased and cause the abatement of such interference at the expense of the Operator. The Airport shall maintain and keep in repair the Airport landing areas, including taxiways and aircraft parking aprons, and shall have the right to direct and control all activities of the Operator in this regard. Section 14.02 Attorney's Fees In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover interest and its reasonable attorney's fees. 19 Page 44 of 468 Section 14.03 Taxes and Special Assessments The Operator shall pay any and all leasehold interest tax assessed on said Premises and all personal property taxes which may be levied and assessed against equipment, merchandise, or other personal property belonging to the Operator located on the Premises, or other permitted portions of the Airport. The Operator shall pay all real estate taxes attributed to the Operator's leasehold interest and all other real estate taxes which may be levied and assessed which are attributed to the Operator's leasehold interest in the Premises. The Operator shall pay all sales or use taxes and assessments, license fees or other charges of any kind or nature, without exception, levied or assessed, arising out of the activities conducted on, and/or the occupancy of, the Premises. Section 14.04 Right to Contest The Operator shall have the right to contest the validity or amount of any tax, assessment or charge, lien or claim of any kind in with respect to the Premises. Operator shall, if the Airport requires the same in writing and if the taxes or other assessments have not been paid under protest or otherwise escrowed or provided for, furnish reasonable security for the payment of all liability, costs and expenses at the end of the litigation, and Operator, so long as the matter shall remain undetermined by final judgment, shall not be considered in default hereunder by the nonpayment thereof; provided however, that Operator shall not, under these provisions, permit the Premises or any buildings or improvements situated thereon, to be sold or forfeited, and failure by the Operator to do what is necessary to prevent any such sale or forfeiture within ten (10) days from the publication or receipt of notice for sale or forfeiture, shall be deemed to be a default hereunder, and the Airport may, at its option, pay any such sum as may be required to avoid the sale or forfeiture and seek reimbursement for its cost from the Operator or ownership of the buildings or improvements involved. Section 14.05 License, Fees and Permits The Operator shall obtain, pay for and maintain in effect all licenses, permits, fees or other authorization or charges as required under federal, state or local laws and regulations insofar as they are necessary to comply with the requirements of this Agreement and the privileges extended hereunder. Section 14.06 Non -Exclusive Rights It is hereby specifically understood and agreed between the parties that nothing herein contained shall be construed as granting or authorizing the granting of exclusive rights to the Operator or others, as defined in Section 308 of the Federal Aviation Act of 1958, as amended. Section 14.07 Paragraph Headings The Section paragraph headings contained herein are for convenience in reference only and are not intended to define or limit the scope of any of the provision of this Agreement. Section 14.08 Interpretations This Agreement shall be interpreted in accordance with the laws of the State of Iowa. Section 14.09 Non -Waiver No waiver by City / Airport of any agreement, condition or provision contained in this Agreement will be valid or binding unless expressed in writing and signed by the City / Airport. The waiver by Airport of any agreement, condition or provision contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other agreement, condition or provision contained in this Agreement, nor will any custom or practice that may grow up between the parties in the administration of the terms of this Agreement be construed to waive or to lessen the right of Airport to insist upon the 20 Page 45 of 468 performance by Operator in strict accordance with the terms of this Agreement. The subsequent acceptance of rent by Airport will not be needed to be a waiver of any preceding breach by Operator of any agreement, condition or provision of this Agreement, other than the failure of Operator to pay the particular rent so accepted, regardless of Airport's knowledge of such preceding breach at the time of acceptance of such rent. Section 14.10 Severability If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. Section 14.11 Binding Effect This Agreement, including all of its covenants, terms, provisions and conditions, shall be binding upon, and inure to the benefit of, the parties hereto and their respective heirs, successors and assigns. Section 14.12 No Partnership Nothing contained in this Agreement shall be deemed to create the relationship of principal and agent or of a partnership or joint venture or any relationship between the Airport and Operator other than the relationship of the Airport and Operator. Section 14.13 Duty to be Reasonable Wherever in this Agreement the Airport is to give its consent, approval or otherwise exercise discretion in judgment, such consent, approval or judgment discretion shall not be unreasonably exercised or unreasonably withheld. Section 14.14 Notices Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, or by United States certified mail, postage prepaid, and addressed to: If to Landlord, to: If to Tenant, to: Waterloo Regional Airport Attn: Director of Aviation 2790 Livingston Lane Waterloo, Iowa 50703 ALINE ALO, LLC Attention: Benjamin Stroh 808 Dearborn Avenue Waterloo, Iowa 50703 Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) 1 business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, or (iii) 3 business days following the date of deposit if mailed by United States certified mail, postage prepaid. Notice sent by certified mail that is refused shall still be deemed valid. All parties shall give the other prompt notice of any change in address, and until such notice any party may rely on the most recent addresses furnished. Neither party shall designate more than two addresses to receive notices. Section 14.15 Entire Agreement This Hangar and Ground Site Lease Agreement constitutes the entire agreement between the parties. 21 Page 46 of 468 There are no verbal or written agreements between the parties that are to be considered a part of this Agreement unless they have been specifically enumerated herein and this Agreement supersedes all prior or other agreements, understandings, and representations. This Agreement may be amended solely by a written instrument, signed by all parties. Section 14.16 No Construction Against Drafting Party Airport and Operator acknowledge that each of them and their counsel have had an opportunity to review this Agreement and that this Agreement will not be construed against Airport merely because Airport has prepared it. Section 14.17 Third -Party Beneficiaries It is specifically understood and agreed that no person shall be a third -party beneficiary hereunder, and that none of the provisions of this Agreement shall be for the benefit of, or be enforceable by, anyone other than the parties hereto, and that only the parties hereto and their permitted assignees shall have rights hereunder. Section 14.18 Authorization and Execution By its execution hereof, Operator and the Airport warrant that all necessary corporate action has been taken with regard to the authorization and execution of this Agreement and that the individual(s) execution of this Hangar and Ground Site Lease Agreement on behalf of Operator are is/are duly authorized to do so. Whoever signs this Agreement on behalf of Operator and the Airport hereby confirms that they have the appropriate Authority and have been so authorized to execute this Agreement on behalf of Operator and City / Airport, respectively. IN WITNESS WHEREOF, the parties have caused this Hangar and Ground Site Lease Agreement to be executed on their behalf by their duly authorized officers.: City of Waterloo, Iowa A -L ALO, LLC an lo a L rnit • y Company iI By: By. /J Quentin M. Hart Benja . n S roh Mayor Manager Witness: Witness: By: By: Name: Kelley Felchle Name: aei to 0;4 Title: _City Clerk Title: c;fr-rf'-1 1 22 Page 47 of 468 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as April 25, 2019, and public hearing as April 29, 2019, for the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department Code E.:;ri ()recmrocnt ATTACHMENTS: Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer t-0 ven p.,cAnn Action Approved Type Cover Merno Date 3/27/2019 ... 11: 3 1 AM Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as April 25, 2019, and public hearing as April 29, 2019, for the FY 2020 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Submitted By: David R. Zellhoefer, City Attorney Approve specifications, etc. and taking of bids and set the date of bid opening and hearing. It depends on what the upcoming contractor bids. Contractual Services Line Item 525-15-5125-1390 On our original contract, we had Option A, Option B, Option C, Option D, and Option E for contractors to bid on. We awarded B & B Lawn Care Inc. Options A & B. This contract is for Option C, Option D, and Option E only. Page 48 of 468 REQUEST FOR PROPOSALS 2019 CODE ENFO l" CEMENT MOWING & SNOW REMOVAL The City of Watertoo is soliciting proposals to provide equipment and liabor for mowing of City of Waterloo complaint properties ;and removal of snow from complaint properties (the "Services') on a scheduled or aseneeded basis All proposals shall include a ,compi te price duote,, Conditions governing the Services are contained in Exhibit '1A,"",, the proposed 'form of Contract, attached to this RFP and by this reference incorporated herein, A, SU • MITTING 1 OPENING PROPOS,A1fi Ail proposals must t>e received in a sealed envelope in the City's Clerk's office (date and time starnp,!d); by Thursday, April 25, 2019 at 100 pm, Central 'Time our dock) in order to be considered, Th ;; City Clerk's office; is located at 715 Mulberry Si„, Waterloo, lowa 50703, Proposals sent electronically Or via facsimile will not be accepted. The mailing container or envelope !shall be plainly marked on the outside with the notation "SEALED RFP FOR 2019 MOWINGS AND SNOW REMOVAL,'" and the name of the company suirmitting the proisosal, The City is not responsible for delays occasioned lay the U,S, Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer, Similarly, the City is not responsible for, a d will not open, any proposal responses that are received later than the date and time stated above, Late proposals will be retained in the REP file, unopened, No responsibility will be attached to any person for premature opening of a proposal no properly identified„ Proposals; will be opened on Thursday, April 25, 2019, at 1J00 p.m Central "Time in the City Clerk's office at City Hail, 715 Mulberry Street, Waterloo, The main purpose of this opening is to reveal the name(s) or the Proposer(s), not to serve as a forum for determining the awarded proposa(s), t3, SCOF,E, OF SERVCES Services to be performed by the successful respondent (the "Coreractor) for the City will be those described in the form of Contract attached hereto as Ex ibit "'A" and the Specificatio s, which generally include but are not limited to r owing complaint properties on an as needed basis, and removing snow and ice tram complaint properties on an as -needed basis, 0, REgoRcpumEouv8,-nsxy 1 See the \Alatedoo Coe Eriforcerne t Department bid form „All bids must be submitted on said bid form, 2, Important Exceptions; to Contract Documents - The Proposer shall ;dearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms a d co ditions of this RFP Such ;exceptions or deviations will be considered in evaluating the proposals Companies are cautioned that exceptions; taken to this REP may cause their proposal to be rejected, 3, Incomplete Information - Failure to co oleite or provide any of the information req ested in this PEP may result in ;disqualification by reason of non -responsiveness„ Page 49 of 468 AVOBaQE,..CONTRACT 1, Final selection of contractor will be made of the responsive and responsible firm whose, proposal, conforming to these docume ts, is most advantageous and offers the greatest overall value to the City of 'Waterloo with regard to the ,criteria detailed and the specifications set forth herein. The City will evaluate proposais in light of all factors it considers relevant, including but not limited to price, prior dealings, reputation, knowledge, skills, ,demonstrated cornmitment of the humane treatment of nit als, demonstrated experience in managing and working with animals, nature and quality of facilities, and other information provided by the proposer in response to this RFP„ 2, The City reserves the right to accept or .reject any or ail proposals ,a,nd to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any proposer, The City reserves the right to defer accepta ce of any proposal for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving proposals 3, The City may select a proposer based on an all or none" proposal, on i dividual responses, or as is otherwise deemed to be in the best interest of the City, 4. A Proposer's submission, of a proposal constitutes its acceptance ot the City's evaluation technique described in this section and its recognition and acceptance that subjective iudgments with be used by the evaluators in 'the evaluation„ 5, Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Councii 6, After award, the Proposer will be required to enter into a written contract. with the City that is substantially in the for attached hereto as Exhibit "A'". 7. In the event a co tract is terminated between both parties for any said reason, the City of Waterloo will award the contract by offer to the next qualified bidder„ The City of Waterloo reserves the right to award only those proposals that were opened in the City Clerks Office ori Thursday, April 25, 2019, E, MISCELLANEOUS Questions regarding Code Enforcement wiI be directed to Maria Downing in the Code Enforcement Department, 319,291 3820, Monday through Friday from 700 a„rin,„ to 300 „pm, 2, Thist,Yequest for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals or costs curred in making necessary studies for the preparation of proposals,. F GENE r- L TERMS AND CONDITIONS OF PROPOSAL 1. k.ittiligUAggiiWOROSi USED INITERcliAjtigkit4,,, "The word CITY' refers to the CITY OF WATERLOO, IOWA throughout these instructions and Terms and Condns, Simiterty, PROPOSER. refers to the. person or company submitting an offer to sell its goods or servioes to the011 y, and. CONTRACTOR refersto the sitccessiftil bidder. 2 mop, ,!„.FICATIONS - No Proposal shall he ai:oeoted fibrin eiid no contract win be awarded to, any person, firm or corpOratien that is in arrears to the etty upon debt or contract, that is a iliefautter, as surety of otherwise, mitten any obligation to the City, or that iS deeMed irrespOnSible or unreliable .by the City if requested, Proposers shalt be required to subMit satisfactory evidence that they have a Practicat kulowledge o the particaar supplyisetvice propoSial end that they have the necessary financial tesOurces te provide the proposed suppIly,'servit.e as described in this Request for Proposai siNggifigATiotio DEVIATPONS TIN THE PRi2p.s2g.g. - Any deviation from this specification MUST be nOled detail, and submitted in writing in the Proposal Completed speoifioatictns shou0ci be attached for prly substitutions offered, or when amptlfications ate desirable or necessary. The, absence of the specification deviation statement and accoitibanying Spetacahons will hold the Proposer striotty accountable to the specifications as *Tilted herein, radu re to siuttmit 'this document of soecification deviation if applicant, shall be groitintils for rejection of tOle ittern when offered for deVvoi 1s' mifications or descriptive papers ate Sultirrtiffied with Proposais, tne ProposerS name shodId be clearly shown on earti (Mown -tient Pap,rP,P.P 50 of 468 REP FOR. MOVIn?Ki REMOV AL„. SERV SPECIFICATIO CHANGES„AD ITIIONS AND OELETIONS .A changes in Proposal documents shall be through vinitten addendum Verbal information obtained otherwise will NOT be considered in awarding c>f Proposals, 5 PROPSAL CHANGE5, Proposals, amendments thereto, or withdrawal requests received after the time advertised tor Propostib opening, wilt be vOki regardless of 'when they were mailed. Morr?„oo- Ill„„„to/MotorMO'iJi. TThe Contracter agrees pgateCt, defend„ indemnity and rime harmless 1he City of Waterloo, its officials, officers, employees aria agents, tram and against any and: all darn arid damages of every kind and itature made, rendered dr MOUrred by OF irk behalf of every person or company wtfalsOover. leciutting the parties hereto and their erdolloyees, that may arise, occur, or grow out of any acts, actions. work OF other activity done by the Contractor, its employees, subcontractors or any independent contractors working i:rnder the direction of oditer the Contractor o subcontractor in the, performance of the contract PROPOSAL CU RENCYILANOUAOLE A proposal prices. arta be shewr ri US DoliarS ($),, Ad prices mtist remain firm for the duration ofIhe contract regardless of the exchange rate.. An proposal, responses :miust be submitted in English, 8.. PAyMENT'S Payments will t* made for arl goOdsiservices delivered„ inspected and accepted. within 30 days after ..acceptance and on receipt of an original invoice 9 MODiffcATION DOENpA loNtopu_siArogoNI - Any ffFeererit tricantenties, or any matter requinno explanation or drterpretation, must be inquired into by the Proposer in 'writing at least 72 hours (exchiding weekends and h)lidays.) poor to the tim set far the Pi oposat opening Any and ati such interpretations or maadilicAtions will be in the fOrro of wriffen addenda. Ad addenda shad become pari of tho contract docurrit Ms and shalt be acknowledged and dated on the signature page. NWSM ";,§8114ATITio4 - All applioattle State lof fewa and federal laws, ordinances, incenses and regulations of a governmental body having junsdiction shard apply to me award 'throughout as the case may be, and are inC0 prated herein l';ty reference 11 ,SVE$CONTRACTING - No 1portion of this Proposal may be subcontracted iwithout the prior when approval by the City. 12 ELECTRONIC SU filliTTAL 'Telegraphic and/or proposa.0 utfers sent by electronic devices (e.g, t osimde machines) are net acceptable and will he rejected 'upon receipt.. Proposers will be expected to Tatlow adequate time for detivery of theoor proposal 1Ie hyairfneight„ postal seevice, or other means.. CANCELLATION- Either party may canoe" 1h contract in the event .that a petition, either voluntary or involuntary, is filed to declare the Met ;,)arty baiTkrupt Or insolVerd 0 ho he event that such party makes an assignment ter the benefit of creditors, fil5.§1poo,yEINIT PropOsor shali not aSsigh the contract any rnonieS to becortle due thereunder without toe prior written Icensent of the City Any assignirrient or attempt al assignment r'iliarte wihnoUt such consent &the City shalt be void 15. 'TAXES "'The Cly of Waterloo is exempt 'from sales tax are certain other use taxes. Any changes for taxes fnern which Ole City is FIVOTTlip! Will be ileducted from nntioicas before payment is made, 16. PROPOSAL t FORMATION IS IPILU,re: All documents submitted With any proposal and Me proposal shad become public documents irn1 subje(t to Iowa Code t.„7.1Taipter 22, which is otherwise known ;as the 'Iowa Open Records Law', By submirhing any document to the City of 'Waterloo in connection with a proposal, the submitting party recognizes this and wailoyes any claim aganst the Cly of 'Waterloo and any of its officials, officers and employees relating to the release of any documerq or information submitted. Each subfinitidno party shall hold the City Of lAitaterlbe di toe qafficers and employees harmless from any coarrns arising from the release 01 00 document or inforrnaticin made availabl . to the Cly 01 Waterloo arising 'front any' proposal opportunity tor0e tortir tootryietiou & tootbroW RETOOVAL.StrirroorralOhlr ',tour Page 51 of 468 EXHI 1T A CO TRACT PROVISIONS (111"TY 014 WATE11011„,,,Ott:it EN1471,RiCEMENT DEPARTME.NT riot 20P9 (C)DE ENFORCEMENT" MOVVINtli & SN"1„.,1.1101V REN014,1)VAd„, 1111iis C1ontract "let Ccrityptairlit intriping rind Snow ten -lova" (th.c "Co11ttiac17) is inade enteiredi itito on 2019 Fvy ifirld between t.he City itir1Vilaterloo,„ lows! (the 1111itte")„rn thic '11.orttiactor"),„. L.. l'he ,roritractot shall fittnish all supervision technical person.nch tabor, mateirials„. supplies rind equipment. ix) perform all work requirod h r hie CSitritraet WOrk as described in the Specificationsi 2„ The Coritritet Docutnectis cititsist of the hitillowingt Tlitis Contract b., Request tor Proposals C... Notice of licaritur d, linstruction to Bidders Signed, copy tif Aid f General tOondrits g.„ Spiceitications rilese idrictirnents Focht the IC1rintract Ifactintients rind late an fully incoroolutoid as a pan 1 this Cantraci as a ttaehed to this ("on:tract nit set: fort h nfull herein Iii. the event of' art:ii conflict or alit bignity: ainong the (Pinar act Documents, the doculment in the iturdet set forth above that first addresses the issue or provision in question be get co pit „ lb 'the tdontractor agrees tit c °rani e nee the work tiv thintw en ty hnu ( 4 1, hours a ti.er the '1,11ity iss lies a "Noti.oc to Proceed" rind tit complete the ivorkilhin the ptitron tun 1uL„ 'I'ime it:I the essence in the penhorn nce d till es tinder this 17,rt ntract 11e Coritraetty al so ail 10 lhL 1ioirn, ati The Citiattractor s1 ireimove tat lintet„ gaitbaget„, or junk. on vacant lots author vacant propel:tics. that would be cause the Gitintraellitit tart to be able to fttifidlithe obligation of weed/prass :or snow removal at. :their: lawn cost. "CiPintractors :will abide by ordinance sections 7-1-213( ) Contitactot's will not hic: permitted to. II-mist:CT snow onto or across any city feet: ()v in the event snow is transferred into the.. street, it shall be removed the Contractort b„. 7-1 -217 Citintractors witl :not, be potmittui to blow weeds/glass rinto01aild MRS any street or alley. lin the event weedisigtass is ttansfarted into the stntel, it: shall be rernoved by th.e: Coniia Request not Plutunsatat Madtitta and Snow Rertbrovat Semites Proposelt Contgp-hdetr2 of 468 liiontruelors shall bug iUvictidalgrass taller than 1.2" t.n tiesidottial areas and ifispose of ate rubbish pronerly„ :Disposal can be litone at the alWaterloo Vord 'Waste Site located at 2749 Independence Avesi, Waterloo, Inticat di Contractors me not to mow or trim any flowers of gardens UrdeSS Speeitied by the Code Eniforcernent Department. Contractors will trim. arrittind all trees, telephotati poles, kneesstrcures„ curbs: and on Ole backside of alleys. fir Contractors must have a camera that will tittle stamp and nate photos,Ph1t artist be taken of the prior/01y heldre Work begins and schen the work. is finished. rifloritractiors ihe provided with ir yardstick that nuts( be cised k nteasiare the Length alike grass in each set of photos taken while at, a property. 'Tire of Waterloo iU not: be obligatett to the 'bill antotint for referral wort, inthen all necessary photos tientriredl by the Contractor 'have not been turned into our office. in the event the Circle Einibutrernisra Department finds that the filiartntractor did w otifll its abligritton, the Contractior v 11 lac required to go back to the property at no add al ona cost to. the chic or ossater of ithe property. fir During snow rettiontl„ thw sidewa.lks, with Inc, cleared the width ul the ufacisivalk a...nd to the concrete ionic:as ice prevents stici"t rettnttill„, la the evenn the ice is linable lo be retrieved. the Contractior will be requited its lay down sand, salttw a mixture oil hutr Charges for san.d.„ salt..0ir both will be deternsiined. by foilowingi owner shall be. charged SI 5 for any tuTtount of salt that needs tat heused to assist the removal of ice froth tire sidewalk per residenee. lif the property is [(tented onan corner lot rite oscines of the property shall be: Charged $30 bar any amount tit' salt. that needs to be used to assist in the removal of ice Irani the sidewalk provided that ice .rCMONal is needed 00 !bath sidewarks.„ itiiorarketer shall remove all invi311.Htlary Virtek. brush., or trees along any fence and the portion ul property to the alleiy telernal is given by the itiode Enflarecintent Department. mit The owner silvan he charged one anionn.t of 1.5 minutes travel time in addition ito, 0101 other fees applied pet neferral„ 111 Properties ithund ucorripliance upon ansistial of eriartractot oiLl not result in additional c bargesh he City Ot. Waterloo from the Continetori ot Unless prior approval has been given,. the City of Viliaterloo Wilt only be obligated to pay fitr the. work itif twit) people per referraL th The Contraeter agrees to comply wlh a.nd obey all todianinces ,of the City of Waterloo relating to the obstruction 01 streets ;Ind alieyS,, keeping open fiessapoways Ifir waiter and itraffic, arid mainunnine proper and sufent bairricades, with lights and signals during call tar itiarkriess.. 5 „ Except as to any negligence of City,: 0 oifficials„ oflea „ employees or dgIl0 01 the tatalbrinance of arry ,thety tinder this Contract li1d to the exit:oil not covered by -insurance maintainted try Corstractior, iroiridraetor agrees to tiefend and indemnity City, as offictffis„ officers, employees midi agents, and to hold sace ha:rinks:sr ilisom and against arty and all claims, &viands, causes of action, kissses„, costs. mi iabil ities :whatsoever, inn luding but limited to. retntanable iattorneya" bees and expenses„ arising from or in connection iwith IFW icts or eta issions of Contractor 111 nertinhning the work contemplated by this, Contract tiontractot shall he responsible 1.R...r all diti"riage to ilOkIlL or private property, 11 pith] le or plicate property is, da nittrifired by Clintiracitor and is not 'repa red in a timely 0101111Lr as determined by billy, it its, nias the option of having the damage repaired at the Contracitoris expense„ to be reimbursed to file (Ay or witithicht friimint future payments to li.ionitartor hereunder, [Request For ProposMst Mothang and Sums keTtleAral ')D C)1 ContRitt Figtbit*-sj".1. rag of 468 7. "the filloratactor shall have no ea•use of action ag.,,.ainst the City on acct.:tint of delays and brosecutinn of but the Naork k elayeit hy the City.„ the (.7ontracicir may have extra, tittle tbr the coinpletion t.he Job as. WaS 10St by reasori alIhe delay' caused by theii "Idle City,. at its sole discretion and without waiving any claims or tiglas, nuay allow for partial payment :kir the work. included on an invoice 11...r Wifieh all senhees have not been delivered (a' accepted. lite City may :ileitlahold bayntent for reason.s including, 'but not limited at, the .following: unsatistactory Job herharmanee or progress., defective well, Magill:ad work, faihire to comply with. material provisions of the ront rahi'nt s 1iited or reasianable evidence that a Clain) Will be filed, or other. reasonable cattse. 9,. In the evera diat Cogracior defaults, in the perfarrnanee or observance at any erw.enent„ agreement or Obligation set thrift this Coritrach tmd if such default remains untaned for a perk.id of seven (7) days alto( taltice thereof shall have been Efrliren by (llity to Contractor: then Clity fully declare that flontractor• in delimit, hereunder and bitty terminate this Contract by delitery to Cagaractor al written notice of tenninatiori andilut take whatever other action at, law lir: in rift:lily may. be nextessary or desirable to enforce the obligations awl covenants of ellontractor hereunder, Cm:tractor shall he erialtkid to only one such notice..and. nt connection with any SabSeglleet breath thee. City .may tea- • inate this Contrael upon seven (.1) days' advance written ,riolie. , In the event of" termination„ the Cethritelag shall tv conaperiaated for ail necessary services pled throllgh the termination. date. No delay in enibreing the provisions ticreolas to any breach or violation shall inipair, drainage (..)r. Waive the right of City to enforce the Sante cir to obtain relief against (ar recover for the matt natation or repetititm oJ such breach or 'violation or any similar breach or violation thereof al ally later titne (tr.. times, In the event that City ureic:ink against Contractor ilia a suit mat other e tbrcement action liereundefi, Ill:(ottracteir agrees to pay the reasonable attorneys' fires and expenses hie:timed by 1. In addition to paragraph 9 above„ th.is Cothract termimited ;anylnnc n edit:de or in part:, upon the • mutual written agreeinent of the parties. City inay i'.11,sci choose to terminate this tllontrael at any tittle without cause by cleliveting to Contractor twentyvane (21) ,daysc' advance voillen notice of termination. 1 L. (acintraetor nay tan: assign.. delegate or subcontract arty of its duties hereunder without the prior written consent of City. 12. Because tn is of great importance when cootpleting referral work„ the Contractor must notify the City of Waterloo at least two (2) .weeks in advance including who will be idling h for them, for any planfleA time oil 13. Arty lacitice tinder this Contract shall lie in writing and sho"ll he delivered in perse.n or by United Steles registered or certified Iliad poxlage prepaid and addressed: (loot tractor City of Veaterloo„ .10)811 7 5 \1111 L. Waterloo, Iowa 50763 Attn:: City Clerk 12)e very ulInotice shall be deented to aceill (i) on the dateol &lively htn (k1 ivered nersori„ (yr (i three (3) bilsiiless days fallowing the date ()I' deposit if :mai led as stated above. Reel:we fix rietioviiv marina arid RI:low Removal Serboes FRoposea Com: age -54 of 468 iskithitig titis Ct„,ttitract Iifl,tut Shall be deei.T1 ed or constmed lu, create i„sr constitute an),jittint ventuire, Ittartnershil), agency,„ erattltsty,mertt, ran,), other relatlitypsItip bet iveen. tile parties nor, except att expressly sot liarth herein, to create any liability nor one party with resifect to the ttrt obi ign t loo.„s of lire other party or any tither person„. Catittraciair is an itidepanhdetit tiion factor, Ii5„ This Contract shad L ',Mating upon and inure to tile benefit of the parties iilld Ette telipeentre successors arid assigns oil each I 6, in the eve.nt fitly' provision of this Ciontract is field invalid*, iiicgat„ i tintiforcblewhether in whole vir in part the rent aintutt provisions of tilis flantract shall not he affected therebyanJshall (iota nue in lad 11 force and effect, ifi lw ti' mason, a court 'finds that El nypio 1 this (Mai hag 1inica I id., utiLi nameable e,s 'Written, but that l 1 iLwg such, provision it iNatild l nm 1 dIegol„ mai enforceable, then steam pin.ivisiori shall he denoted to be 'written s ha1 tie construed and ettlitircedi as act lit t Ted 'fiats Contract, togetherivith. the Contract 1 Cit1nded1B.„. colistittittes the entire u.greetniime betvveert the parties pertaining to the subject hatter herecif, This, Conhaet unnl lc mi,,,idified or a:molded except lity the Uttelt 'Written agrcentent tiring parties, I 8, In consideration of the full compliance an the part of the Chintractor xsith al flea phofisions,„ stiptdations and conditions hereof; or contained in the vat nu s instruments madei a pint of this Clotatt net by reference, „and upon completion „and aceeptance althe wotlk„ the City agrees to pa„y the Corargemt as; set fimith on 'Exhibit -Ai' fithiched hereta. WITNESSYl tilt the patties have executed Ilo Ciontraet tor Complitint Movv.ing rand Saw, Reimoval. by their duly arahori.zed Tvdresentatives as cifithif iliac first set forth itimve... CITY Mayor ..• • ••••• • , N ante tn. t..tont•ractor ItEqUeg 1"'01". Slawan4, and Soon Remnandi scrams propo.s.ed PagPW5 of 468 ClihNr („IF CODE ENFOH,CEM.ENT DEPAICENTENT NSTRUCTION TO BIDDEIRS L iItDtDERs A nj.," explati ad on desired by a bidder regard Mg Ilya meaning or interpretation of the flu ffir Proposals must be requested m voritin.g, tin d Jvith suffic lent time lowed frir a !I -airily Pt reale h bidders liehfire silhurnission of the r b ids, Any i11rpMhI1 riad w rbeu he lora] r.t art ;STD end rrlent h± R.eq for Proposak mffl will be rdrnislied to all prospective bidders„ Its receipt, try the bidder must. tiaki un the spade fairer bled trit the Bid Ford] frir tit., letter or telegrItid received beithre tile time set for ()batting of bids, (doll cap fan ittn s or i nst.rixt s giv en be titre the awa rd of th e contract will not ht," dhug „ PROPOS.A.1S. hid s fist be sittint tied, on form ,upp ii by t fie Code E n fore cuticula pairttn en , lone rn 'nig a. each bi alder 1iH read the spec Bead o n,s rid ail other tam tract. (loom ten ts. brie h b id der halt inonncdl. prior o the bidd rig, as to al 1 ex i st ng, c oral it irrinis and niii s uncle r w h ich the °A i S to be pertbrided ,and ckdL m this. hid a s U1111 eCISV tr the cost of all item.s necessary to, perform the vrork, 21,S Set :1',6 h in the ciintraet doc 1„1.thents„ No allowance, W be wade to any Milder because lack of sue exa„nii illation or k now ed pc, sit blurs s ion or a bi sha be construed as e oriel u ire ev dent: e thu ile inadie such ex,aminat ion The bidd.ers adentitin is directed to the, fact that kIapplicable stare taloa, ordind..nees rand the rules and regulations rif all authorities. having jurisdiction over the project shall apply to the Contra.rt throtighoti. and they shall be &tuned to be included in the Contmet iheBond as though, herein written aid in dad. AND .N1.0.DIFIC.ATI0NSOOtilhtWITIIDDAW ALS; Bid.s andornodifirations or ',withdrawals.. thereof received ,at the office designated in the 1,;,.editraist rair Proposals, and Notice to „Bidders alter ithe cis.aetdale set for closing crlifids will not be considered. Flowever, a traidific,ation wItich is received frotn.a.n othe,rwise successfid bidder„ and v hDt.h makes the lerrn.s. °tribe bid more favorable to the City., fli be considered at arpotime it is !received iand mayhtherearler be accepted„, Bids rn.,ary be witlfilatiwn by written request received from bidders prior to the tittle set far dosing o RLI(OPENING 0,F „BIDS !will be publicly' caballed id the specified, time ,and place for opening m the R.quest f Proposals and. Notice to Bidders, hided eriptent, will be Ina& public for; the irtfOrtration. rifigidders and others, interested who nlity he prepaid either in iteitsort or by representative, A . fra c h bid der su bunt rip a hid shdexec Litennd ne tut de with tile bid , a N ti -Col usion A flidavit M the Dirm herein provided, to the effect that if hi not colluded with any other persori„ firm. or e maiora ion in rega rd t, 0 ,a aylds rim inert, P g _11. Hage 56 of 468 13,„ Each bidder salbiaritting a hid i1 he each proposed subcontractor, if any.„ execute and l.nehide with lincl„, a liiiottifffol fusion „Affidavit in the thrift li.erein provided, to the effect. that it hu ui(.7.4.fliltalect with lnY ether perstpu, firuk. (yr corporation ill, regard k any hRE submitted. Before eectiting tbeontract, the successfid b,idder shad sittartii. the name (,)17 laity proposed subcontracior for itpbreival by the MiijJWIff All Bidders haw flite responsibilthvtocortni,lynnith the City of V/aterliim \1131 I1 Contract fliffynnitliiance Progra.rn.„ fill), f NACitterkto Contract. Compliance: Rudy Uniones„ Director Cormpunity Development 131,mrel 620 MulberryStreet Suite 202 Waterloo, Iowa 50703 (3. flfl 2:9 -4129 VIL'EMPLkYVMENT AND BUSINESS OPPORTUNITY Ifo the greatest extern feasible, suppliers, 511hcantrartors,, ktnd lery . income workers onmaing businesses cm - ng n 1Fo VVaterloo area Intim lye given priority in supplIfing materials., bidding for subcontract iniork, or apo rig for em kiy ninth fit), the eon tractor nn th rot ect. Opp ortit n ten for tra Ming and for ern ploy triem arising in connection with this project., shall to the greatest extent feasible be made available to IcAver iricome persons residing in the project area. The project area is the City of 'Wate.rloo, f'he C!ity qc.)li ',Waterloo NV I require the contractor to doc:ument his efforts in securing laWer income wr.rkers v in g in th e project 4tri ouod in pare has Mg :s imp iesftoiru. mid award riti, het, tract s to.. b efw n ed Ivy persons residing in the project area„ VIM STATEMENT Of ,BIDDER'S JFftAiiflNS Each Bidder shall, upon remie.st cif the Oade Enforcement 'Departrttent submit on the harm fitruished a statement of thic fdrider's qoaljtications,„ histher expeilende record M completing the typenI project proposed., and equipment available fbr tln work contemplated; and liwnen requesteck cletailed statement The C.ode Entbreetnern thipartment stud] 'haVe the leighit wi take such steps as it deems necessary to determin.c the ail:nifty of „the Bidder to perform. obligations ander the fliiontracti and the Bidder shalt ftirnish the (.7;otte .Enforcentent Dephirtinent all such. inforniation and flaw.Ini this purpose as it may request_ 'The right is reserved to rejotit .any bid where an investigation, of the atiallable evidence or hiformation does riot siltiyfy the Code finfareement Department that the 'Bidder is qualified to carry out proricity the te rims of the Ch:mtract ExEctirrioN 11E2SGREEMENt CERTIFICA.TE OFINSEBANEE. A. Subsequent to the „invalidand with in ten 1 1 (I) days after the prescribed faring are presented fbr signature, the successitil bidder shall execute and deliver to the Chy, dHagreement in theIn on included in the contract d off um ents in:Aught:111m be r of' r.iies as the C ity may cqufl B.,.1 ng sat nth ed 1l cond i Lion s of award as set forth elsewhere In these doco viten ts, die uccclul bdikr shall, within the lerii5peeltried in piiragraph "A" above„ furnish :a surety bond in a penal lDfl 11 at less than the amount of the contract a,s awarded„ as security fin the thithlitil perfortnalitee of the coniTat o11L1 tFiterals, and ca.iind it: ion s the re h onta ned arid. sha guarantee the, drain dt payrnent o 1' illpersons.., finds, co dorporatkins tc.) V+i," 11.0nrt t he contrivtor may becomelegalk indebted for labor, triateriats..„ taols„ cep" i)ment, or send cies of any tiature Met tiff n g iol11y anti transno indt sery ices, em pl oyed or u s,ed by it in pe rform nig tile ge67 of 468 work, Such bond. shall be in the salvia librin as that included it the contract documents an.l. shall hear same dale as„, or a date stibserittent to, that °lithe agreement The current Power of „Attorney f':er the person, who signs for ally surety gornpan:y shallbe attacti.ed 1;0 SirCh bola C„, The sticeessfill bidder shark the period specified. lit paragraph. "A.' above, lifirnisti a certificate al insurance for approval in amounts of rah less, than. the aniounts specified in the General (lionditions„ The cercate of insurance shad lire tarnished in such intniber cdp.ies as the Cii.tyi cif 'Waterloo ratty requie_ llhe City of "Waterloo shall be harried as an "Additional Named lni Ii egintractor sitall subnit his, stibeontracterls certificahasul nstirance in the smm e arriounts thr approval before Cribb errilliMetirrieS work„ The contractor hIIcarry or require that, the be Worker's Conipen.sation itistniatice far all its, ernoloyees, and those of its fuligeorararritors eitigaged„ ingivork at the site,„ i.n aerixiirdanee 'with State fionipensatkml failure of the irileet SS:rib 11de o execute such agreement and to siutpnly the required bond or bonds mitt:hitt ten ( days after the prescribed harms are presented for sig.natute„, or within such extetided period, as the C"ity, tiniay grant„ based upon rea$oris (letermined sufficient by -flit (lily, linty either award the contract to the (text lowest responsible bidder or re -advertise for' bids, and rr.iiaiy charge against tine 'bidder the difference between the ariKilltir ,Or the bid. „and the amount for which. a contract 'for the work is subsequently executed, irrespective of 'whether the tuariount thins due exceeds die armittrit °tithe hid guaranty 1a. rtiore favorable hid is received lityi re -advertising, the defaulting bidder ri1ia11 have tit) elairn against the City of' Waterloo, or (Aide linfbreement E)tpartinent for a refund,. • Page b8 of 468 (FI y (:),F WA1 ER1.r00,„ 10:YEA ODE ENFORCtilMENT EEINDITIONIS De'li i t 'herrescr usett in irtris, of the ('i.,111,11-ac1 liocutiteras, these tertek; din 11 /le ki nrd VVS Contract - inns the Courraet r.„),r. Agreement exceitted by and between the City of Waterloo and. the Cointractor, Owtter or lineal Public, Agency means; the Cotie Enforcement flepartrnent, Contractor - mearr fliv person„ or cimpurat i431111 einctirtg into the Contract with lite tilty of Waterloo, 1,c) 'maintain eropetlies as, sleseribed in the Specifications pros, 'ideal Cont ratt DOT LI n ts - means and shell include tile tralloriving, Exec", Idled t or Agreement„ Addenda ( if any), invitation for Baits, histruct tons la Bidders, Siiiiried copy of Bid, Cie ticral 1'baditions„ Special Conditions., Speer fit:rations. and (Plans or Drawings when audit hied), ocrintendencie h (..aitotratilo or Excretal where the t iontrictor si ind iv id tin 1 raid pe s plu il upe riniendenee to ill e work, t he (Atilt ruct or is lMll poo tete a corn pe tent s 11.1 pert el talent, sell stitch) ryluthe lode En fore c brunt :tepid rintentiC its oF liar al er too, on t he work s lite at all t bites lirm orkt fig ho urs with lull atoll ort ty of the Contractor. The Crib tract° r s ha 1.1 also pro v id e .a n &tog eine lultt o properly coordinate and c tined te to work The c orttrac tor s1ria:1 lay out and be responsible kexec itteil titterer th s ilt.15Aet, „, 'Jibe Contractor shall verify ail inifermal.loti before proceeding °With the %York .tirnizi be held re.sipturstille fer any emit resultinw from do so„. Other t,iontritetiiii. C ityoF Viiia.terloo may tinn or may hirtiae awarded" other Clontract.s few additional writriti, rand the athu khan ,cooperarte full with other' Ciontractors„ by. scheduling work; under this; finintract witai that to 'be performed underutherConttracts as may be du ected by th Code Einforeentent 1iebaint'nentA2its.,i or Watericio, rinse Crotratractor shall reit conatirt or tient:nit any ad.: in %Cinch will interfere with the .perritriturrice of writk h a.ny other Contra.ctor as sic Ili:edit! ett I „ rinord inuti.onuI the iltilitiork. The friontractor. shall he res„ponsittle for the proper .fitting of all avert*. and .trior rh.e, coorderiatton sal:the operatiems of Subcontractots enaged upon this (Meitner lite ficirittructor shall be prepatied to, guarantee to each Siubcet"rtraetor the locations and iineasurethents 'Which they may require lo r the .fitting or their work sittircitinding work„„ cure ifine Contractor shallbe respionible fin all (lanitages to person or properly Visna occur as „result al nerittgentre in tioninection with the execution alisicirk and knell b reasonable lbw- the proper care and protection of all materials del ivered and workperforimed until ,completion and fend. ;acceptance by the C:cide Entisreement Departr cnl The Contractor ishall provide sufficient seettrity„ latinh day and night„ inerhading wieckering ,and..hcrilidays„ Dorn the trine the vaark 0corilmizteied until final cornpletion and a..cceptance„ except when work liming 'pard does rant require protection The Contractor shall h responsible 101 any kiss of %York, materials„ equipment 011ita.c little to Page 59 of 468 acts of any pietism on the project site. Therterfare, it is the responsibility °lithe Contractor to deterrnine When SeCtIrdy rico:fedi "chic Cootractorli1l avind darnap nxi.string sidewal.ks, sheets, curbs., pavethents„ structures, anti mil ides excerpt: tit:true which are to lie replaced ur nimated.„ Any damage caused 1v the rectatractors eperntion. srhall be eothpletely repaired at rip expense to the Ossncit„, (3cm:oral Rto ti (intents Contrinterter strait be responsible for being lin harmed as all existing ciianditiorts rind litititations under vilinch the wail* tik U be portrirmed„ No extra allowithee will be made becausenI lack 0:1'inhexarnintitorl or knlk..due F lite (Ponrewr hl nm 1hriit ex1ung Stral ks,„ d rives„, tit trig ardas, «Tees, s hru „ or Init reit s °inside the i ills of the project:, If disturbed, these ileitis shall be replaced by the Citiritraclor at no ciost the filth(' or the Trees arrind shrubs krimated in or de& the project area shall l' protected by the rCtontractor from drainage h 'workers anti cunt bnient during time ort berth:wining sethices„ Upon request.„ the City Forester will deterrnine the extern of protection necessary' for th.e0 trees,. Parfaits and C:oales 1 (111ontractor shall give till notices redid:red l nd comply with all aph:h.:cable nutn'icipal and state taws, iordinanees and cridesi 1,.._istupartairef 1 1i (dartiraider Strait il ill tirnes during the term trrif the .Agreement maintain in1n 1 harce and efitect, at its own e slue:use, 1 in player* s1 oahiOlity, NIV.ark.er s Conanensation„ Athotnobile,PiihliL 11.„„iabil'ity and Property Darnage Insurance, and other insurance arid lbonds as set frill betake,. inchtdring contractual liability conerrige for- the indemnity and hold .harmless provistiOns of thigiciiicimt l icli tribliery snail requirc. at leiist: ::30: days' ininane written notice i the Catty irt the eneta of eaticellation or matorial. change in terms., The City of 'Waterloo, lbwrii shall be specifictilly n.arried as an additional insured °gall in.suranee„ Such, coverages shall be btrima.ry„ Num. - contributing imd contain waivers (hi subrogation against coveraini heki by the Chit( tietbre erniameneement ortr" ivork. hernalder, the Corititrachirrir agrees to furnish. the City: NNith certificates (if insurance or other evidence. satisfactory to tint (Ply to. the ef fectinat such insuriance has been proctEred and is in three, trisrutance coverages shalt comply with the Hugs sitecified kiiiiritYgragri0Los Workers Cornpen.untion Employer's :Laub Bodily. Minty triability (Except autontobileir Property Damage 11„„tability (Except Automobile 11d il Injury Liability Excess Liability Atitomobile Prraierty Dainage friability h1103 ttf 11..t, ity Siatintruy $500„.00(0 $ „:000,000 each occ nrelice $1,000„.000 erten Ode tartrate $ 4000,000 Caen in $.5„,000,000 „000„000: each ueettirreriCe 800tinoftwinl. 11,0e1reis, (ikon ing, fitintraetor shalt periodically, or as tin:doted ,cluring the progress of the WOrk, remove and legally dispose of till surplus inaterrial and debris, anti keep the project area reasonably e Icon, Dhoti completion of the work, the Contractor shall retrieve all tlebris rand cqmnpuicmil pmvided fonr the 0ivork told tint the NV 11(.14e Site l the work in a Ilia iid cIQT1 mihloon Page 60 of 468 CITY OF WATERLOO, .1lOW.A. CODE ENFORCEMENT IIEPA.RTMEN'f SPIa.:IFICA,711..ONS froir 201,9 COU, ENFORCEMENT" NUOWING elk SNOW %L SCOEE OF VORK i rair,,i1 or shiill provide all la bor. cup u relent and mt 1 vwCSS411): 0 room a n dip r ren use SI R4 ra frOm designated alit:PS in acconiance with these spec 1iI References in these speciffcal erns to the Crate lictincement Department sholl inciuhe the City url Writer lout PROPERTY C° (IMP Li A IN T M( IN G sin geed areas wtil be mowed un ione cote tmly haris„ The (Aide littlioreenient. Diepartuncni will passe cult Work orders for arty %cork done m tins area, h 'Ugh. s, hl he corn p le ted within 72 hot rsTrom rece i v work cirder„ 'The Cill ix in charge of rtny large item and tire removal clean tup that will be done flDi ny of these profit di es,„ churl et the t2cdur fin force nicht DepartmCnt ( 3 1 9,29 1 , 3 820) for pick tip, ?Oen/ [lei pin xv 11I ire frig r IIuiiiiurn„ niruitu shall be obte to abate heelheivoltinteer trees where necessary for clearance of sidewalks and other rightssolisways Aulso alter Inowing property „ shall tricot city codes and excess grass removed from Pile property and sidewalk, If for ail) IVIII.S011 Code Enforcement binds that a property is still in violation, ittier the contractor ha done the abatement, die contractor shall return to the property and reale the Tlecessary corrections without: additivanal costs to the City. if time contractor arrives at the pro,"perty„ and the property” has beep mowed, the hontritetor shall obtain a photo, anti contact Cade Einforeemein to verify thei Itroperty is, in armpit turrees. in the event Code lanfirceptent is nimble to meet the contractor at the tiu C, the contractor shall contini3C oncto the next referral arid. Code Entbreentent will irispectitie property when time permits and notify the contractor Whether they have to retorriTo abate ki Wetd violation, PRO.PERTY COMPLAINTOSNOW'RFM Assigned. areas shall basic show removed on a otte-tanie basis, The Code latibircetnent iDegartinciti will give otnichiprit orders fir may work, done in these areas, willed shall be completed within 4,8 Pours from receiving work order, StiloYalks raced cleared the 'width and length °lithe property dolxin to "the .,pavement„ A. poroxi-linth 'attempt will need to be made to clear dawn to the pavement., in the event that h k impossible, because of ice Out txther hazard, then sand or tither abrasive praterial„ (such as lee LLI1 1 another approved priminett mayhL USed SO pedestrian traffic 0 talc., (itchy use sandhog Melt ill toltolittnts to make pedestrian traffic safe.. Do not coat sidewalk with 11 lar14e 11111011111 111 sand, tie only amounts necessary to irrakc sidewalks safes All work muist complywdh. the City" Of Viitatertoo Cordes & Ordinances or LI iatractor shall return to tire property and intake the cotTectlett lielthout 1Dddil DOIDdI Costs 111 the City„ „SISSOISCATICkii r11,40.!rt 0. ?age 61 of 468 Prior to each mowing the Cantractur shall rcue ;till trash and debris including, paper, hramches„ rocks, and other portable objects„ AD trashand debris shall be leggilly disposed of, off site, at no expense to the Code Enlarcenuent Departrnerd—A„ddttianally., the contracteir „Shall bie responsible thr cleaning uijj. and repairing allodattrage :created by snowplow' it, snow removal i„„)petailions„ imludes adding soil and seeding damaged areas as needed „ SCHEDLILINfillOr,VrTORK. Areas to be rammed shall be ,divided Into entegorieiofar ,ipe and frequency of inowing The: listed schediderii are fro bid, purposes only. TIte"Code Entbreennera DeparillieT"11 al:ay add or delete mowitarg of areas bas,ed 0,n growing conditi.ans and budget constraints filllR„Al$S, CUTTING Grass shall be cut to ian. even height tot .rour inches id:TY Grass cutting Shall he accamplished. in a manater so as not .to result in scalping, bunching, .rtitting, unevem. or rough eiu lt scalping, bunen.ing„rutting oti uneven rough cutting shall be promptly remedied h the Contractor to the satisfaction antic Code Enforeernent Iltepartment with no additional cost to the telcule Enforcement Depaimnent„ Grass clippings shall 11110ttcblimmin left: or land on urn/ road surfaces in accordtmer with applieside taNWS, flint] 'CitY OrdinalleeS.,. In areas sticli as nandrw medians, clippings shall be bagged. or .mule ilea straight doyen., TRIM,MING Along with tach mowing,„ the Contracdor shad 11 T1 around treTh. shrubs poles, fences and other objects to match the height and appearance cif the surroundi.pg vegetation,. Only. anon request of the telade Enfinicement Flepartment will you be' required to edge:vegetal ion growing aver curb, and sidequilk., LIAMAGIE PROTECTION The Contracto.r. shall avoid damage to existing, sidewalks,. streets, curbs, peureiments„. strtictures signs, maithases„, fences, beriehes„, utilities,. and (:..ahet-tixttoes nydannage caused by the Contractor shall be completely repaired at no additional cersi'.., to the Code Erdbreetnent Departhient„ All work shall be elope in a manner ieo as not to result in (twine to trees u hndm, kt no tirde hall ,any mowing rY.17 trng equipment (mane in contact with any tree th sihrtib„ Any tree or shrub damaged by the etintractigt shall be repla,,,:°;ed at the direction aline Code 1.1.nfOrcenlen1 .Departinent with no ,„itdditional cost to the Code Enforcement tdepartmerai The Contractor shall avoid 1,,dninage to turfgrass. and underlying soil and grade. Any rutting and related nof loss inut erasion dantage shall be promptly remedied b),, the (.:ontractor In the Sad Sfitet n("f 1.111A, Eurioreedient Dcpartment velth no additional ,cost to the: Cade: Etribeceinent Department.„ The. Contractor shall take all necessary precautions to protect pedestrians and !motorsts .fra personal injury and property damage., All equipment. safely guards slutil renvain intact and serviceable„„ 'The Contractor shall. :carry liability insurance as detailed in the NH CON DITIONSLo cover an.y du:Image etallins. 1,',7ontractor sha1.1 have sufficient and nimbler equipment to perform all work in a sate mid .iimely inaniver, Types cif incoming equipment required for tills contract L:ine trinameiS '1,81k -belt int] mowers Commireirclal rotary front niowers 11i1li"-72P (leek) age62of468 B ingt m inewcirs 1,31.ility tractors will." lichyy-xliity trio wets Four wheel drive mower fledge trimmers Types allicylsirlewalk. oitergravyth equipment regitired Or this eoritract miditiori equiptneta liste4J PO11 behind trailer icidr usable thick bed -tarps ictr enclosed. trai krtbr Ilatt hug Knish vrhen required Note City ordi nii rqu ires being lira risported rnUSI 4101: responsible for paying any lines you may beiud h corn pletek, coVeired. 1 ht City" o r larger parcels that are evergrovvn eetbraCTON' alai] VtavC ac:',Tess .te a brush hog .11,,pe of nu...)wer sq) Litat contractor can meet the IN:4y' s tittle flame. requirementh. 1 aurnormts of cut grass and vegel.at 1Ni 11 need removed anci i 1(„41 n areels.. TypeS O'f.' Snow reihr)val equipineht required tor this contract', Walk-hehlrid snow blowers RidNiNg snovi, blowers Piek-up andlor Iractor with snow blade Salt & sand ,appl icator Shovels Elquiprriern listed n hie Rid 1 nrn wi 11 Ix i roviewch 'by the Code Encorceutein Di,tbilmcint to cletchinine whethL1 it is nclecruate for tills ritovving contract CON°"17,:i.',ACITOR OK TITEIR f1NLi. Nit Si BE REACTIABI..,E BY PHONE AITYNI.1041( THRCRIGH.. 7:00 .A...AL TO 3:00 Ell 0 V, Page63of468 CITY 011.7 YEATR„..„DIE, IOWA, CODE ENFORCIE.MIEN'11 DEP.A.RTMENT HU FORM for 201..9 CTEDE ENFFIRCENIE, MEDIVING Si„. SNOW K corarinv A j)rijUL 51S 1111:10N.111,i, 1,11ie undersigned., being, a.. Corpitratii,in existing thltiern the la•vss: oil' the State of cc" a hanittid cothipa.ny existing Jit nder the taws pir the State tif „, or :a Partnership •consisting of' the following „ • • •••••„:„...„... • ,. ' •., „ „ „, • . having beedfrunnifinzed with •ththe dtineef Idea. affecting the• cost of the 101.10fk, and with :ail •the ftract Dp•ci.urgents •hc•sv• un fife the offices cif file Clint ( lurk, Cat), fialf. 71,5 Niutherry Street, Watelth„ lonitat atin the Code En.fdrehinent Departmeht„ 626 Mulberry Street, "Waterlow„ Iowa. hicreby proposes to furnish all inapervisi.ort,„ technic:n.1 •oersonnel„ tabor, rgatetials., ma.ehinertin fotits„, edidpritient, and services., inif lu.ding ittilibsnand. 1,ii:tritsportatiort services required to coin.plete the proposed1 1 I11P1 lN 1Mia"0/1MliS1111 (.1()M1LAINr1 SNI(:)'i)/ REMOVAL,..„ alecordaircie with the hinitnict dticuments and .f1or the unit ifir ice in place. finii „fel ku» u ttrounni ()Yr C; PrIrVide all specified 1110100 g »rsices for property complaint mowing for nor ka$ residential lots. (Under 5 acres) Price; P;er IMan flour: ilollars OPTION I) Provide II specified mowing services for property complaint mowing for ots and open tretts 5 acre S Or larger, Price Per Acre: f)PTION F: Provide all specified Allow removal sery IOC'S for ei PHce Per Man Hour diillars (S. plaint properties. Eh, 1 Rhh.).k .hhhht ,11,1i,„ 1,41 Page 64 of 468 2.. It ii.nnerstocid that the hira,ntities setlarth are apliroximate only anal 81.3Fject hotatiation and that the hint place ,for tile wink iktne hflgayer- the sictui! payment. 1 the Catrairtietoi. hits hint, .the Bidder understands thin tile. City reserves the rightto reject: arty or. all bias, and atatard eine en more ta'tuis fOr a. single. ()pliant all ()pitons together, or arlf.'" emnbin.abbn of Options... If written. notice of acceptance l this Bid is mailed or delivered tdaille iindersigried vvithini thi.rity (30),days after ,E3i11. C/peniwgi,oftimie illeretitftet kie fore this bid is veithdra:tent, the t.beidersigfiled aimbes to execute ,arta deliver an amteentent m thei)rescribed firm and flublish nit requbted bond and r0ui rinstirance wiithin ten (10) clays (after the iigreetnenl. preserited f ignatura„, an1. start vichaik: ivithin ten ( 1.0) days after "Notice to Proceed11 is, isstied. th Security ill lite sum of d.oll.ars 1$ l in the Corm of .„, is, submitted herewith in accordance with 'NOTFIC'ft TO BI.D113,111„R.S„ Attached is. Nonstaollusion Alliclavit of .Prifue Conagetor„, 6„, "tile Bidder is. hreparmil tt) slibin it klinancialout experierier statement upon request. The Prime Contractor and Subcontracaorlsitliohhave performed an aggbegate $ 1 0,000.„00 in for the (tip,' in the current ealemdar tm Are liberated Ito submit OIn AAP or 4 pilaw and an LOC, thin ten ( 1 0 ) days o f' n °litigation t hat th e hdsbibin tied is 1 °Pie st and ac icepta ble. X, 1 he Bidder has recebtata the firilestviiig Adttelidinin Acifieridinin „, Datei 9.. The i30ider s:hati List the MBE/ stibeontractorin fintiotait of stil)conlitacts tun] hid ileitis listed on the City of Win Minieritty ainci for Worrier) Business1ihd CatUract Forint submitted iivith this .Bid 17(y:rim 'lrhe appal-era11 bidder shAl submit i list ti0:alli ob.er stilheontractorist to, be used on this fanoliect to tile laity PI Waltrip() by 5 pan, the business day fitillosvirtg 1:11e day bids tan this project are dile along with IOL Nonscolitialion :/Xffielavits SuberititraCUIr(S)„, 'The subctsratigetors listed oil this tbroppsid analcir submitted n) the Contract Conipliance ("Alban cai not. he changed. ,except tile following reasons, I l'he tility of lt,11("nierfoo do nib approve the subcontritetors. 2 4 he 010c000t tractors submit in tat riiiing Plat iti 4a0ni4 loo 00D( thein ook1ooUon1C' 0... 'The Binder shall o0 all lequipment Available far this project I I Theliiiidder has filled in oll blanks on Ors proposal, Those blanks not applicable oio marked l"none" or Roin FK)RM , Page 65 of 468 1 The bidder ,attarilled an applicable fOrmsr. [3. The owner reserves the right bir 8e,terit alternatives,,, delete line ben's, andlor to, reduce duartrities !Irk:yr todhe .,Rward of Contract due to buirigetaryPnnldi SfeiNtiiibr 3FF313.3vc, wro3"13313F It '1 1"; (° 113D FORM Pape 3 3 Page 66 of 468 111,1D ("Iro 111,e. stittlfitrteol In iddeiocci111),' requArst of ttic City (if • ..'atcrlitom, ttoircA.) All questions shall be, .acrd and the claw. given mast In clerh 1:1111{! COTnprehensive„, Tins stateinent 1111SI be notarized_ H necessary, questions may he answered on separate attached shects.„ "line 13idder rn„ay stibmit any additional itrtbrrrtation, desired, 1 blame of 113 kkr 2 'Perm anen t main office address.. hi Yhhen organized. 4, fia co rpotat in(;:tn , where corptirdted , 5. How !many years have volt been engaged in lite eimEnteling business. under your present firm rtrade natne?' C011411,,C13 OP hand: (Seheilute these shia3ving ildriaintrit of each contract and the approoriate n1 pad dates of corapletiond 7(len ora blia file I el- of evork iri rhi v 13y y 11, e ri rn ny 8n Honechyoh ever faded to cornplete ahy ork awarded o '1,, on? It' rki ihuch 9 , 1 lave yia LI eser defaulted on a emilra cl? If sts vvlib:re anal IN hy? 10, Last the inore important projects recently co tpleted by your company, slitting! the approximate cost for each, 1111b the irioniti and year completed, I. "fist your rnajor egtiipritern available Jr tile einaract, 12, Experience in landscape wank sindlar inlonpollanCe," in ihe project 1 3 „, 13ne k grtau rid and ex r3er lenge of' file pal lac palme nehe rs of your organization, including the officers, 14 ifiredit aye i 1 al di er„ $ 15, Circe :Bank reference: 6,„ Will you, upon rciluest„ fill out a detailed financial statement rind firrivish, any other infifirmation that Di) be remained by the City ot.' 31Iilaterloo, Iowa? 17 The undersigned hereby authorizes and requests arty person, ITIrtra, (-sr corporation n thin sh. any inforriaation redoes:red by the 1 i I fo'haierloof Iowa, in 1,,,,eriticat ion of the lice 'finis coinprising this Statement of Binder's ()ball:libations., ENT :11:: nc. :13:11„)1JE S Q1111.1„,HF1C,A.TIONS ()F.? Page 67 of 468 late this nay of' iJ deposes and says that. she/he Nartle• (..)IgialliZOgiONT Name of Baltic! beitv Malty ansairn and. thn. tIW ansin,ers to the layregoing wiestins IDd .1.1 statements therein contained ale true and correct. Stibacritied. and sworn. to before. nae 'this "NotaryPUhL My: commission (a:Knit:his STA TEMENI" t."4: S (YUI PACii,E. 2 (*" Page 68 of 468 o OND KNOW ALL. N BY THES'E. Pi,ES„ENTS„ that WP as IPrincipal, and as Surety are held and firrrity bund unto the CITY OF liVA:TEIR.lf12tows., hereinafter Called OVNER n the penal SIMI ) lawful money of the United Statorti, for the payment of which sum will and truly be rnade, we bind ourselves, ow- heirs, executors, administrators. and successors, jointly and Severa111y. .firrrify by these presents, The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of 20 OW THEIREFORE„ (a) lit said IBid shalt be rejected, o ro the alternate (b) if sae id shall be accepted and the Principal shall execute, and deliver a contract in the form :specified shall furnish a do dl for his faithful performance of said riontract and for the payment of all persons performing la,hor or -furnishing materials in connection therewith and shalt in all other respects perform the agreement created by the aoceptance of said Hid, Then this obtigation shall be void, otherwise the same shag remain in force and effect it being expressly iunderstood and agreed that the liability of the Surety for any and a claims hereunder shall in no event exceed the pew t amount of this obligation as herein stated, Hy virtue of statutory authority the tutt amount of this bid bond shall he forfeited to the Owner in liquidation of darriages sustained in the event that the Principal tails to execute the contract and provide the bond as provided in the specifications or by law, The SlarelY, fOf 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 they wept sirch EJid or ,xecute such, contract and said Surety does hereby waive notice of arry such extension. IN WITNESS WHIEREOTi, the Printipat and the Surety, have hereunto sot their hands and seals, and such of them as are corporations, have caused their Corporate seals to ble hereto affixed and these presents to be signed by their proper officers this day of.. D 701 Prinpal By ItAlithess Surety Witness Afterneyito-faCt (Title) Page 69 of 468 State cif Clituinity 1iCOf IL FON NETT :141' rii.INEEJDVI being :first Cloly svisons„ di:dykes anti. says I,. fie is (f„.„)yilicith., (liefirescritattgi, or obi:guilt) f, the Bidder that has fibliniiittedlhcattneheil Hid; 2„ Vic is, fully intbrmed respecting the preparation and commis, of the attached Rift mid cif all nett:Mont circuitistances, respecting such Bid; Such Bid k genuine and has not a collusive or sham 4. Neither line said Bidder nOr any of its pffic,ers, partners., ownufs., agents; reliresentativcs„ employees, {Jr imitates in hi:forest including this affiabt has ill any way colluded, conspired, connived or agreed, directly or in:dirndl:if with any ober Bidder, fIn or person to stubmii a collosiim or snare Bid in contiectlibrowith the Cmittraciffet which, the callactied 1id has been subinitted csr ID, refrain fronj. bidding in ,connection with such Contract, n' has m any' manner, directly or indirectly., sought by agreente.at or collusion (Yr commit ication et conference with any ether Binder, firm 4„...w person to fix the price, ,Or prices in thc. attached InI or army other. Bidder; iyr, to fix any OV erhead, profit eir cost element of the bid pride or the bid price ()fatty other Bidder, in to secureilu,1 iH colinsion„, conspiracy, connivance,. or utritaiwiiii agreement any ,advaittage against the City nI Witter Mu), lovisa„. an)! PerS011 intereSted in the Pr.otioscil. lifiontracu and 5. 1"he price, or tirices ditidivin w the artacited. BiLl. arc li rin4 proper and ianti notminion conspiracy,„ connigance or' unlam,,,114 agreentent onilhv part of the Bidder or an:if :agents,. represenintices, (YwrIets, ettipliciyees.parries till 40er:est, 'including this al"ilant„ SIglIkttine tipilliattitif S u.,b-sorared and, svoroi to- be' re/ thibs' diary 0 f 2 0 19 Thifttei Comovi43-iarvex.ptireoi___„,,_ Page 70 of 468 (lot] anti o' SUBC(."1"tuv:711.i.T' ..; ding tibia (July SliViitrh, deposes and sap; than „1 kis ((Avner>, lliportnerl, (Officer), Clitietiresentative), (gtottepta) of ppppppppppp increiriafirr rt iii to as the "Subeaftintractorh. 2„ Fla is, 'fatly. informed 'respecting the preparation ii contents of the spubeontraetoras ploposal stihanitted by the subcontractor to contraet perthining tbe :21119 COIJE :m(yfoorm."ii & sros RF%10v 1,Varatelloo, Black 1 County, Plerviin 3: Snell suborn) trac tor's proposal is genuine and is lr a collusive or slum primosal; 4. Neitherdhe subcontractor or au cif Pita ollieers„ partners., atiirrierS, agents, represeratitiPttos, ertipployees,, or parties in interest, including this offiont, has in anty way colluded; conspired, connived or agreed, direellY or indirectly, with any odder bidder, Firm or person trift submit a col WISIVC or shoplift proposal in connection with such contract or tip refrain from slit braitiping proposai conneation itki it such. contract., or has in any manner, direct Ifty or did inectly„ sought by utiliftrwital agreement or cormiivanee ftwith any other bidder, firm or person to fix the JFft rprices saki subcontrecoorP's proposal„ or to fix any overhead, profit or cost cleftmem of the price of prices in said sulistontractoris proposal, or to secure through collusion, conspiracy, connivance or unloitoln PI agreement any advantage against the City or \Waterloo, Iowa, o' arty persort interested in theft proposed Cietatroett li brine par prices ChMlIwS tihkithri tractor' s prtilposa1 re thir arid prone pr and thennlla jilted by artyllu.nu. COnSpica 'Oh cie or Puttla hit rectrieri 1. on the pritni Por the bidder or ittly of Pi gen tot represen tat v es>, own ers, ern oy cc. opift parties in intent:sit iuclud ing th s affi n tt, S gnu hire tide Si4tutttil,ra S tAbSIZIAethred,uiiSitrOreti YPIE, th6Sen rato colytioasiit()ene4t1ire4, Page 71 of 468 OPPORTUNITY CIAVSE provided in Iiiixectititte (Sillier Ni, 1 24 dI eontracters., sudgiiintractors.„ stettiders. rind entail of gogds atad services doing business. viiith 'the idity (rind value o ud hii equals; of exceeds fen themirand dollars r$ 1 0.,000.00). atun.ially agree as follows: ...h con.tractor„ ssfbcontraetors siefrator: and supplier sif goeids anti services nett disci:1111i trate girtst arty ettitploifice tagglitant fear ernployinerit biteritise ofrtfce„ eeleri. creed, sti.x.„ nattimuat origin, ionic staittis,„ age, nuental (tir physical handicap„ political 01,15 IU alifiliations.„ ilihe contractor, subcontractor, vettdor and sittptilier will :develop art .iolt.flarmative ..A.etion, program iiertsure that auplicants are empleyed find that employees are treated. di..irimg eitretoymeng wit:ft:out regaird tics their race, creeds (ardor, sex.„ national (origin,. religions economic slat:fussgc. inergal co' physical. disability, piticpinus er11 t1n. uch ;auits:ms. shall ineltide but not hie,imitdirs the lellosiringitt Etridl.eyr .ent b„ lipgradiug ti,acittioticin or Trattsfer Reen.ritinent a.nd, dlitvertising e„ or 1-enn tuition F i Rates cif Pay or rifther .Fomits s„if Selection fbr "frain.M.g 1..1cludit1g ,(Appirentreestrip„ 1 k. art tor, sub:, ontracter„. vendor tuitsi sum ler of goods and servi ces will, in a 1lbiis tidy' erb se ITteRt. S lin emp oy des, state that a 11 ua1 fhid a pp I ca PPS PV rece s'e ms idera t ism feci entployment without regard to, race., urged, Lohw,ses„ national origin, religi ort„ economic status, rnental or physical disabilities, political opinion Crr I 11OPP n 3 , 'Fhe contractor, subcontractor, v glider rind %Lipp] ler or his/he r col [curl ve 1innnmp regrewiliIR e11 se Rd to each tho uitm (N retire se ntat ve of 'workers w1u loot Ne bar gitini lig a grg Platen I Or miler contract or u riders uindug. a nnlice ad v sing s a, id labor tint on or avork ers,' rebreseti tall se of the co ntrac tor' s contim linen I. it ruler th s sect ion 1ahhe unit actoi... subeentraefor, vend Or aurid supplier of goods aodservices, vial11coappliii twit h all pitilitished. rules, regulations., directives, and order of the (fib(' or 'Waterloo Affirmative Action Program Contract: Compliance Provisifons, five contractor, sidicontracter vendor' and SO pILi(Al' goods, and services1 1 idiand file compliance reports ; ltd SILIC11 tirue a:id uport fouts, as ittrovided l fl' te Affirrnatise Au titans Pill:leer', Said :Poruns. will elicit inforination as. to tilepnl brocedures, patterns, a.nd practices of eactin subs: urttractor as Viv,` 1 a the contract:sr' h ruse flhersic 11 arid srail stitscontractor„ "vendor and si.gtiglier will permit access to hislheT thipleryttlent biactless records and ,accounts to the City's .Action 011icer, for the mantles of litirestigittn tro ti,sc'ertain compliance smith this conbact and with roles and regitilittions col lite ifiiityis Affirmative Action Prog:fam ldontract lificomgliattee Provisions reta,tive to Resotution No. 24664 the event esflhe ei.yritractoris, rionsectingt lance with. the not sdiscriannation c liaises of this contract or with any of stitch lilies, regulations and. ,orders„, thiis ,eontruet inay be eanceledi.term.iniated (sr suspended in vviscle or in tiara mid the c,sontructor ma ity be declared iniel.igible for feliher corgractS aectifilance svitri priacedit.res authorized by the City Council, earn AL Or'PORTIN 10.il Page 12 of 468 7„ he contractor, su Otto diractort v e nhi ippho l 1lineltidet ttnr incorporate by rference,. the protttisiorts of' atenn iiiiuvwd cLu utte et,'..Qt CO tit raet„ Sll bcontract or purchase, order wkttatt ex ern pted by the nites, regitiatiorts or orders of the 1 n Programs and 1l provide in iiivery stibecintraci„ Lir Riiiirehase rider that said provisicins11 be binding niacin ellen euntracterrt, so nottntructort or stunt)] tort S. Wet the uncle ried„ reciignize that we are raorialbi. and legally comnritted 1ricinaniscrimin.at ion ink emit filoyment, Any pelson who 1.,°,1ttpl:ies for e pi yrnen I: NV liaq our company tvill aril be cliserini itiaterVI aganist baud LISC lrage, creed, color, aux, notionalu wu. eciantirriie studita age., mental p Signedi EQUPO„, OPPORTILI MI I Y USE P',.492 of age73 of 468 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application for Cedar Valley Arboretum & Botanic Gardens at Hawkeye Community College to burn approximately 6.5 acres of native prairie grass and flowers between March 21 and May 10, 2019. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department Reviewer Action Date t..`Ilefk.t:Jffice, ti hy Na cy Approved 3/27/2049 i2:38 P M SUBJECT: Motion to approve Exception to Burning Yard Waste Application for Cedar Valley Arboretum & Botanic Gardens at Hawkeye Community College to burn approximately 6.5 acres of native prairie grass and flowers between March 21 and May 10, 2019. Submitted by: Submitted By: Pat Treloar, Chief of Fire Services Page 74 of 468 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn 15 acres of prairie grass between Wyth Lake and Main Park Road from March through June 2019. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department Reviewer Action Clerk 0Roce Rigby, Nancy Approved SUBJECT: Date :3/27/2,019 ... 12:45 P M Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn 15 acres of prairie grass between Wyth Lake and Main Park Road from March through June 2019. Submitted by: Submitted By: Pat Treloar, Chief of Fire Services Page 75 of 468 CITY OF WATERLOO Council Communication FY 2019 Lincoln Park Improvements City Council Meeting: 4/1/2019 Prepared: 2/27/2019 REVIEWERS: D epartment Reviewer Action Date . u psure Services iiuutPaul approved 2/78/2019 ... 12:52 PM t.. II r t::b p'p oca, n, l: ,u -.A n Approved oved 3/2,6/20i9 - 9:54 AM. ATTACHMENTS: Description ii l.an s SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type (..`oven' Memo (/over Memo Co ver «.aii: o Au.p •Maori aui 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 This project involves the removal of interior pavement, sunken plaza with steps, retaining walls, trees, and vault, site amenities and entrance signage. Improvements include a new central brick plaza and brick intersection corners, new stamped colored concrete sidewalks, the installation of new benches, pedestrian lighting, improved electrical and water lines. $980,000 Estimate G.O. Bond Funds $45,000 RJ McElroy Trust $125,000 Black Hawk County Gaming $600,000 Otto Schoitz Foundation $200,000 Max and Helen Guernsey Foundation $10,000 $980,000 This project is improving city parks. Therefore it supports City of Waterloo Page 76 of 468 Policy Issue: Strategic Plan, Strategy 4.5 - Maintain community services that support quality of place. Page 77 of 468 PROJECT AREA CIL < < P LL.1 El Li E .. (...) J _ 0 C3 U N 0 _1 W CL ✓ ) a < 8 co o -o 0 0 E • co r--- 0 c -N w 0 0 o W CD DD r, CL 0 E(7-_)) (0 L 0 i:D i L_ > '",.. 0 0E 0 0 -- 1 --2 E 0 -0 0 0 0>.- 0 .......: ,D 0 -1-_- *6 ' 0 0 - 0..) .. ,?.. _ .- o x c 0 0 0 _0 0 0 0 El.. • (l, ,-, 0 • F -I •.1•1. 6' ,'''' S1011_101 3 2-0/ E-8/0 0>Z . 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W J W ��QJ W OaaJ ft L}L W W H ~ _JHw�� W ¢Hm oo00¢w00a 2-Xm¢z0Q JuW ❑QO2pw00 0X¢2❑z0❑z000 00<X w(0ZZOa0 2w a a U¢ 2> O U a H> w (n ¢ 0 2 ¢ m .. ❑ J r H> 0 0¢ U W H¢ 0¢ Z U H Z O O W z N s ccp J 0¢ 4 L (.6 r: 06 o r r N GENERAL NOTES: 0 m cc 0 0 0 W ❑OU u) z Fc›- 1.,_w w ❑ z w w ❑ _1 za W" z >Jm J O (n¢ Q Z _ ❑J¢a'u- wd� } >¢¢ccJ OW z¢ 0 QH ¢}zwE z>u_2 W a W u)cr w¢ ,Tc¢m a¢ wLL• ww w"O}a Lwu❑mwcK O¢o- wOJ W H E(nZH mZ HJ (n ¢❑ • ¢� _= H> W HW H J W ¢a(n H(nOZ(nHJJH wQZ .,a HU U)J2_�H ZJH� W W J(nZ❑p}QQIn Oct wl 1.,_w Z¢ ❑¢❑( ) W UJ❑�> mC)a>(n❑iwwm �� W 11 mJW OO ❑¢ =z❑pco Ow Ln9ioLuof OU p� >❑ccw0 ❑W �(j UE Hon p00w o- z¢wamz 0O=ZQOUcCO O Z w Hp<O Op W0zwwpO '0 ozwnOQ ¢ 0 Oa OH❑zz IYOZ UaO❑a W(ZzOW 0_1WWm} WWW 2LJ 1-1] Q>U cZ QLI (OpU()w OZz>�U ()(n2H W JQ}2 Z DCC O U Y O U m 0 e01_00_514 Q O(n0 pp HO Lw0 <OY JJZiXJ} ZWOZJ aOzW � 00 O��❑wQ p�zUnQ¢-b J��Wz<1wUdwa OOZ==Q aO=w7 OpzOQ wwpawWOww�0 zz Z Q�UOO�aZZpUOZUW W QpO}}c(n mQ J wO ',Luc) 0.(e W ��Wp¢ZInW()�W�Fozw O )QwWZW020❑0<»= JH QQ OQ0 Z0000 nU)H ¢U) ❑ 020n0 ❑UJUU❑ WOOZ 1�1—mU❑U¢¢ N M V LC) (O } U LL ❑ W W ct HO QWW ❑ LC >� O0) ca aU ow Hz 0W¢ 0 Q p (n Ww aw W0 mw J z ¢ } = Z w< ctEt 00 0-1 <0 cect HH Z Z 00 00 CONSTRUCTION ACTIVITIES WITHIN THE PARK. 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THE CONTRACTOR SHALL SUBMIT PHOTOGRAPHS OF ALL TREE N SISHIIHD V 3dV3 FRANKLIN STREET 2E' ocwo <aW X0_0 XJLU X��O wQ�O •c�� n a0 ZNI JaU Mi 4 rcilig4 Wa I 4 *?, Li I I a 1111,21 11•11 • • \ \ • • • • • Oz -= 010 w w▪ ❑ �> 1000 ▪ iya as Lu s • 0 ¢w o �w z J cC Qz 0 OU z 2Y ~ O CDSZ Um uJ z 00 z 0 V 0U wW H J W Z a 0 0 U • • \ / w� \ •\ • Z W Q E J L- aa'~ \\ 0m \ 0 \ 1- H •\ •\ W 1 7 1-00 Di MECHANICAL SYMBOLS LIST ELECTRICAL SYMBOLS LIST LUMINAIRES WIRING DEVICES MISCELLANEOUS PIPING SPECIALTIES POLE MOUNTED FIXTURE EXISTING LINE TO REMAIN EXISTING LINE TO BE REMOVED CC a CC 0 a a a a DOMESTIC COLD WATER LINE - CW MISCELLANEOUS MANHOLE COVER EXISTING - TO REMAIN ._,-_,-_ EXISTING LINE TO BE ABANDONED POINT OF NEW CONNECTION 0 LU Z Q a W • W CC m O 0 F H O 0 Z z x X � w w Lu J > • ce W Y U w a = 6 J W Z a 0 ¢ a 0 l� ..�T UNDERGROUND VAULT D JUNCTION BOX SWITCHES WALL SWITCH - SINGLE POLE H F 0 b a z z z 0 LU o 0 0 w a ce z O F U O 0 U 0 z o w O,re ch vxi w O z z a z z J • 0 OV Q W w LL W co co Q O w X zw Z Z 0 a ¢w ER LIGHT FIXTURE EX ELECTRICAL CABINET 0 :(5. >„,e4 �!x zQw I I W z 6 uJ X w ry O o J I ce W I 0 Z F z� 00 z z� z z O a 0 a w V 0 Xz 0 0Z ce z 0 QQ 0 PHOTOCELL w O DISTRIBUTION SURFACE -MOUNT PANEL NEMA 3R ELECTRICAL CABINET w Lu D J w SHEET INDEX MEP PARK DEMO PLAN in w z w Y ¢ a a Q W W W U a 0 0 0 m a a a a LU w w w w .-y N ti N M ti N N N M W W W W W W LIGHTING CONTROL SEQUENCE OF OPERATIONS l71 Q m U 0 W U- DESCRIPTION J J LLJ 0 O = Z 0 0 0 a U SEQUENCE NAME GENERAL NOTES: 1. COORDINATE PHOTOCELL LOCATION WITH DESIGN TEAM PRIOR TO ROUGH -IN. M 7 to 0 oJ O z mz ii 2 l0 n CO T ti ®e RICAL ;,,,I Iiiiii111III 111 ii11; I; N O m W EX YARD HYDRANT EX ELECTRICAL CABINET EX YARD HYDRANT III r 11000 FUTURE CAMERA POWER HANDHOLE BOX FIBER HANDHOLE BOX mim W m W O 71 - LU W Z 0 0 0 d CO W LU 6 MANHOLE DETAIL N LL u cb 0 N ,o,1 19',,11,1,17171717171717171717171717 """""1011' """""' "" "" '' """""1111111111111111:"' "lllllllllllllll"""lll"" "lllllllllllllllllllll 11 1111111111111 „9 "9 ..9£ 'W'"w188 ELECTRICAL CABINET GENERAL NOTES: °0 w F. o HW Wo iO Loi K 0 0 uiEJ, a O - ... LAZz EC,.. OJ HO Z i- w, W H. J H Q LL w= W ZLLV1U Z� W in LU m Z J H m a�y V E 7 Q Q Q HZHa QU =Z z W o EC oz = Z m UECW(AL90 _1 0z =Oz Q m W;4o to W K0 m W m'J -o 2U EC JW V O HH w Q J o W w H W= W _j=Fw Hce Q� d Z5 Z m QWF 0 zwZQ wotz 0P Z HHJ 01-"`" CL 1.0F UL w14", z'=x- ZpCWHJ __WL.t'F J _,9,,,# 2,±1 u(3 a�;V¢0ZZJJw/I.,.H •UVOCW mc.yzVr¢=cWH EtdJ0VZzCL FFFW w(WOJ¢ wuJUOO¢wJQ�J W W QQ LG d E -U Q!=n0Q N It W DEVICE B (TYPICAL OF 16) Y <w0 m TrOUUI H w w m ui= a U o W (� •--� Q N ce 0eQ W R = J 0 W H J H o w Z V W H Ha w u Q U D a a U oN K U Z w w W d mIImIImIImIImIImIImIIm LEE In J ce 1-1 1-1 N 0 0 co 0 U Ln Lu N N N 0 U z NEUTRAL GROUND 3/0 AWG #6 AWG 3/0 AWG #6 AWG 3/0 AWG #3 AWG Lu a O O LED LIGHT WITH TOGGLE SWITCH W HI Ie W OO Lu W • >3-1 <I HI HI IQI Q U_1 J Q Z \ll In � U N J C7 m m LL z JP=i J lL H W W U d z < a 0 O W O D d W H a o J CJ= OU UN Uz Z_ O U- Q Q V WON-,CCIQ Z } a Z O i 0 d U"00a D U d = v J z w a H U 0 z 2, H H W U J U g O W Q Q H H w w Q 0 w< c[ 0 ¢w UUOw OJ�O W N > w n d f>/1 > Y 0 0 m O ¢ Q .N.i in d¢ iVt ..t< ¢Q } w, z 0 W H Hma wCLw 0 n UUJ Y W U ¢ c >Q-wa 0 oN U m W m V 04 OVERRIDE m LA W d oLo_ u uro u u u u Ie I w Lu • m w w m w w w U J Z uPo Z 0w= CO MM O n-,4 r H w H Q' m O Lu = o J JUMW ti m Q 1(-"-19L±: O a W z WO F 0 w w0¢ U ¢ w woce ceHm o U %EXISTING FEEDS =0 w J(J V Ow O Ow JO U w mQ W a=Ud U a 0 n U ¢ Q U N 0-<< o¢ N W .-i .:(Lf. 0 H u OWH !!!!!W c OLULLJ 00 w W CC m H U W W~ m H CO w w0 ( U LNU0C7c}na' W O 0 Z = WzLLJ ow Q Z A) 0 W Q I m • MM HU '^OUm J H w m ' 000_, Q a= _ J H N W H ¢. U O J V= Q Q ... 0 -< nu U LL,N 00,yce,„ a'OMO J o v Uce 0- c H H W N Lu Q J H w¢< W u 0.‹, Hoce ,-,6.e w¢ F OU Dm a' Q.Z. cwn w Q = ce w O w K Vi Y a W 0 m H m W Wa' U 0 W HCCJH U D m m a w w 0 - w } w 0NU0&1a' W 0D,_1 u u u le Lu w • I I I I I I I I FIXTURE SA 10# THWN WIRE TO 20A RECEPTACLES - #12 GROUND WIRE Lu c� Lu0 H 0 I a I = I- I Z I I I 0 8# THWN WIRE TO 50A RECEPTACLE - #10 GROUND WIRE FACING TOWARDS SIDEWALK 1" BEVEL CUT TOP EDGE r J c u Q0 a u Li, 0_ LUce Lu X d 0 O N 104 .171. FACING AWAY FROM SIDEWALK Lu 0 0 0 Lu POLE FOUNDATION LIGHT POLE D z 0 N • Lel 1" PVC CONDUIT z (n p v) v) > w p p u 0 E 00o c[ c[ 0 u zw z0 -5 ei FIBER HANDHOLE NOTES: LO- o Lu LU Z w U_ m Q 0 0 z Z Ln OLn = (n J m W W _ __ CC p n O ? O F ML. • i. z Z v; °-_—(-4 m w a 3° a p a pyo o?�m ° � ~�Z • 2 J U W p IN O Z W W Ou L9 Q S W Q � cC Z w Z' �' w ▪ • w — Q w F Z J w d g w w Q O Y N m >> p w Q cwwr_ 2�w W w w OO'V) w�E up mai O=m Z w zwcc JIQ O W J pW cC Z J J a O p W Q W 2 uacJ a V p ��=¢vai¢(n�= O zgaaZ0(na(nz(nz6QWp��oaz� Jw,wH:wLW?pQzvp0=_ =OUg Q w cc0aow ¢�jw o F c np1 H z Z zaFJ VV(Wi)I—Qw w010 O'=:FC'Z'AU ¢pOpM('?0cUD=ww=a 0° —1N c[-Z0 Ct a-1 p?=_1 O V F v O I_1> O Z o o_,¢ ce a Q(n (n d <0 uH Q20 Dw 0 W PLUMBING FIXTURE SCHEDULE (k )0 /) 0< // Lu0 j 0 ce /( Ce Lu \) 0< )[ \>- \\ LuLiJce0 Lu 7- 0 -1 0 U j MATERIAL STAINLESS STEEL STAINLESS STEEL -1 w 0 O co 0 MANUFACTURER 2 0 UNIT TAG 1-4 7- ) 2 Lu Lu LU CO\ LU (u LIGHTING FIXTURE SCHEDULE MOUNTING 0 DESCRIPTION LIJ )\)0 gLL 0§\< LA }3§ (@\) §LU §($uJ j() \(\LUk )g§ 0 =-J #»/ /±§§2 %J§±6 (c) LULu Lu\\ < U, Lu 0=@=< = z§§� )(§/( /u,°0 2§)\§ ()§\ z( 2 § § 0 (9 J D 07,0\ eceu-< 0 [)�E» 0 - <zO— I— ce 55°§ a u0-< MODEL NUMBER MANUFACTURER (Lu0 0 ( ) BRANCH PANEL EB2 § te ) { \ / \ { 50A RECEPTACLE PARK DUPLEX PARK DUPLEX PARK DUPLEX 50A RECEPTACLE INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. INTERIOR 50A RECEP. INTERIOR 50A RECEP. Lu LLJ co CO LLI LLI LYJ CO LLI 1.0 CO LLI Lu LU Lu co co CO LLI Lu Lu Lu BRANCH PANEL EB1 Location: ELECTRICAL CABINET#1 Volts: 120/208 Single S.C.C.R. Rating: 42,000A Supply From: Phases: 1 Mains Type: MCB Mounting: SURFACE Wires: 3 Mains Rating: 200A Enclosure: TYPE 1 MCB Rating: 200A Available Isc: 39,279A SPD: NONE Notes: k6EE§§§k§§}j§jjjj§jj§§§§§§ ,!*m;,7ez=,§::=,2:=;944;@ Circuit Description PARK 50A RECEPTACLE PARK 50A RECEPTACLE PA- RK 50A RECEPTACLE IN- TERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. IN- TERIOR 50A RECEP. IN- TERIOR 50A RECEP. //'/'/'\\\//\\//'/'\' 0. ` / ? / _ _ , : _ : _ 0. /\//'\\\\\{{\\\/'{'/' k-000 0 0 0 0 0 0 0 0 0 0 0 0 0 Circuit Description PARK DUPLEX PARK DUPLEX PARK 50A RECEPTACLE PARK DUPLEX PARK DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. INTERIOR 50A RECEP. INTERIOR 50A RECEP. w \//\///\//// / / \//\UUJ \ CO v Z a 0 0. n 1- a a Fri C7 C7 C7 0 0 0 0 0 0 U 0 INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. INTERIOR 50A RECEP. INTERIOR 50A RECEP. N N V a 0 (/) 0 ceZ N X W W 0 N 0 0 O 2 LL Ci 0 J wa Jy O Z ITZ Load Classification 2 BRANCH PANEL EB3 Location: ELECTRICAL CABINET#3 Volts: 120/208 Wye S.C.C.R. Rating: 42,000A Supply From: Phases: 3 Mains Type: MCB Mounting: SURFACE Wires: 4 Mains Rating: 400A Enclosure: TYPE 1 MCB Rating: 400A Available Isc: 39,279A SPD: NONE Notes: ~U N V p co V 0 O N NV N 0 O M(0(0 W OV N Type Legend: N=NORMAL G=GFI M=MOTORIZED E=EXISTING ST=SHUNT TRIP A=ARC FAULT H=HANDLE LOCK Panel Totals 0.0 kVA 0.0 kVA a a 0 0 Notes: Circuit Description SPARE INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. INTERIOR 50A RECEP. Total Conn. Load: Total Est. Demand: Total Conn. Current: Total Est. Demand Current: d T 1- Z Z Z Z Z Z Z Z Z z a 0. F s 0 1 N <<<<<<<< 1 0 0 0 o 0 0 0 0 1 a 01 I. CI. M 1 1.-.,-,-< N 1 0 1 U > ao Estimated Demand 0 0 0 0 0 0 M 0 0 0 0 0 > a Demand Factor 0 0 Q O O o 0 0 > a 0 O Connected Load w 0 0 M I I - - N I N I N 1 41 I Total Load: Total Amps: a F s N 1 «<<<<<< 1 0 0 0 O O O O i o l a N < s Load Classification N F Z ZZZZZZZZ Z Z Circuit Description SPARE INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. INTERIOR 50A RECEP. INTERIOR 50A RECEP. 0 .- M ,n m N N N N N M M M M M BRANCH PANEL EB5 Available Ise: TYPE 1 0 0 INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. INTERIOR 50A RECEP. INTERIOR 50A RECEP. a. 0 0 INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR DUPLEX INTERIOR 50A RECEP. INTERIOR 50A RECEP. INTERIOR 50A RECEP. CO ! 0. Total Conn. Load: Total Est. Demand: Total Conn. Current: Total Est. 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Si0a11-10�1H Sdd' 11IIIIII111111 erioo PROJECT MANUAL FOR: F.Y. 2019 Lincoln Park Improvements Waterloo, Iowa City of Waterloo Contract No. 973 FOR: City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 DATE: February 20, 2019 PREPARED BY: RITLAN D+ KU 1 PER LANDSCAPE ARCHITECTS 501 SYCAMORE STREET - MEZZ. A WATERLOO, IOWA 50703 319-233-8090 www.ritlandkuiper.com Page 95 of 468 F.Y. 2019 LINCOLN PARK IMPROVEMENTS CONTRACT NO. 973 CONTRACT DOCUMENTS TABLE OF CONTENTS 1. NOTICE OF PUBLIC HEARING 2. NOTICE TO BIDDERS 3. INSTRUCTIONS TO BIDDERS 4. FORM OF BID OR PROPOSAL 5. SALES TAX EXEMPTION INFORMATION FORM 6. FORM OF BID BOND 7. NON -COLLUSION AFFIDAVITS 8. EQUAL OPPORTUNITY CLAUSE 9. TITLE VI CIVIL RIGHTS 10. BIDDER STATUS FORM 11. AFFIRMATIVE ACTION PROGRAM 12. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION SUBCONTRACTOR'S BID REQUEST FORM, LETTER FORM FOR SUBCONTRACTOR QUOTES, MBE/WBE SCOPE LETTER, MBE AND/OR WBE PREBID CONTACT INFORMATION FORM 13. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 14. STATEMENT OF BIDDER'S QUALIFICATIONS 15. GENERAL SPECIAL PROVISIONS 16. GENERAL SPECIFICATIONS FOR CONSTRUCTION 17. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 18. FORM OF CONTRACT 19. FORM OF PERFORMANCE BOND 20. FORM OF PAYMENT BOND Page 96 of 468 21. SPECIAL PROVISIONS 09 70 48 LIMESTONE SIGNAGE 22 00 50 BASIC PLUMBING REQUIREMENTS 22 00 80 PLUMBING SCHEDULE OF VALUES 22 11 16 DOMESTIC PLUMBING PIPING 22 11 19 DOMESTIC PLUMBING SPECIALTIES 22 40 00 PLUMBING FIXTURES 26 00 50 BASIC ELECTRICAL REQUIREMENTS 26 00 51 PRE-BID SUBSTITUTION REQUEST FORM 26 00 80 ELECTRICAL SCHEDULE OF VALUES 26 00 90 MINOR ELECTRICAL DEMOLITION FOR REMODELING 26 05 19 ELECTRICAL POWER CONDUCTORS AND CABLES 26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 26 05 29 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 26 05 33 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 26 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 26 24 16 PANELBOARDS 26 27 16 ELECTRICAL CABINETS AND ENCLOSURES 26 27 26 WIRING DEVICES 26 56 00 EXTERIOR LIGHTING 32 13 16 DECORATIVE CONCRETE PAVING 32 14 16 BRICK PAVERS 32 92 19 SEEDING Page 97 of 468 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2019 LINCOLN PARK IMPROVEMENTS In the City of Waterloo, Iowa CONTRACT NO. 973 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 28th day of March, 2019, until 1:00 p.m. for the construction of the F.Y. 2019 LINCOLN PARK IMPROVEMENTS, Contract No. 973, 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 28th day of March 2019, 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 1st day of April 2019, 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 RITLAND+KUIPER Landscape Architects (herein referred to as "Engineer"), 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 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ NOTICE OF HEARING CONTRACT NO. 973 paA)qgccf 98 of 468 SCOPE OF WORK This project involves the removal of all interior pavement, sunken plaza with steps, retaining walls, trees and vault, site amenities, and entrance signage. The improvements include a new central brick plaza and brick intersection corners, new stamped colored concrete sidewalks, the installation of 52 benches and 4 trash receptacles, the installation of 12 pedestrian light poles, improved electric, improved water lines, and the installation of dance chimes. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of NOTICE OF HEARING CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk CONTRACT NO. 973 paA)4g9 p9 of 468 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2019 LINCOLN PARK IMPROVEMENTS In the City of Waterloo, Iowa CONTRACT NO. 973 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 28th day of March, 2019, until 1:00 p.m. for the construction of the F.Y. 2019 LINCOLN PARK IMPROVEMENTS, Contract No. 973, 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 28th day of March 2019, 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 1St day of April 2019, 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 RITLAND+KUIPER Landscape 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: SCOPE OF WORK This project involves the removal of all interior pavement, sunken plaza with steps, retaining walls, trees and vault, site amenities, and entrance signage. The improvements include a new central brick plaza and brick intersection corners, new stamped colored concrete sidewalks, the installation of 52 benches and 4 trash receptacles, the installation of 12 pedestrian light poles, improved electric, improved water lines, and the installation of dance chimes. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced after August 10, 2019. All items shall be completed on or before: Completion Date for all site construction except permanent seeding: November 15, 2019 Completion Date for seeding: May 1, 2020 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 CONTRACT NO. 973 paA)ggcl 100 of 468 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 RITLAND+KUIPER Landscape Architects and MODUS Engineering which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the Engineering Department on the second floor of City Hall upon the receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City_to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer- generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. NOTICE TO BIDDERS CONTRACT NO. 973 paA)Ncl 101 of 468 BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. NOTICE TO BIDDERS CONTRACT NO. 973 Pag 102 of 468 Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. NOTICE TO BIDDERS CITY OF WATERLOO, IOWA CONTRACT NO. 973 paA)wc 103 of 468 FORM OF BID OR PROPOSAL F.Y. 2019 LINCOLN PARK IMPROVEMENTS CONTRACT NO. 973 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 the City Engineer of the City of Waterloo 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 F.Y. 2019 LINCOLN PARK IMPROVEMENTS, Contract No. 973, all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities: F.Y. 2019 LINCOLN PARK IMPROVEMENTS CONTRACT NO. 973 BID ITEM DESCRIPTION UNIT EST. QTY. UNIT BID PRICE TOTAL BID PRICE 1 TRAFFIC CONTROL LS 1.00 $ $ 2 MOBILIZATION LS 1.00 $ $ 3 SILT FENCE, INSTALLATION, REMOVAL, CLEANOUT LF 1,298 $ $ 4 CONSTRUCTION FENCE LF 2,998 $ $ 5 REMOVALS, EXISTING PAVEMENT SY 1,879 $ $ 6 REMOVALS, SUNKEN PLAZA LS 1.00 $ $ 7 REMOVALS, LIGHTING EA 4 $ $ 8 EXCAVATION, CLASS 10 CY 3,280 $ $ 9 SITE GRADING LS 1.00 $ $ 10 IMPORTED CLEAN FILL CY 107 $ $ 11 IMPORTED TOP SOIL CY 143 $ $ FORM OF BID CONTRACT NO. 973 Page 1 of 5 Page 104 of 468 12 ELECTRICAL INSTALLATION LS 1 $ $ 13 PLUMBING & DRINKING FOUNTAIN INSTALLATION LS 1 $ $ 14 MODIFIED SUBBASE, COMPACTED SY 1,755 $ $ 15 PCC PAVEMENT, 6" SY 933 $ $ 16 CONCRETE CURB FOR BRICK LF 307 $ $ 17 BRICK PAVERS WITH CONCRETE BASE SF 3,321 $ $ 18 PCC, 6" CONCRETE - STAMPED/COLORED SF 1,286 $ $ 19 BENCHES EA 54 $ $ 20 WASTE RECEPTACLES EA 8 $ $ 21 ENTRANCE SIGNS EA 2 $ $ 22 FLOWER BASKETS FOR LIGHT POLES EA 16 $ $ 23 SHADE TREES EA 10 $ $ 24 TURFGRASS SEEDING SF 16,000 $ $ 25 DANCE CHIMES & INSTALLATION LS 1.00 $ $ TOTAL BID $ Bidder will complete the Work in accordance with the Contract Documents for the following prices. Items annotated as an ALTERNATE will be considered for inclusion in the contract at the discretion of the Owner BASE BID PROPOSAL: Bidder agrees to perform all the work described in the proposed Contract Documents and shown on the Drawings for the sum of Dollars ($ ). Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. ALTERNATE PROPOSAL(S): Alternate No. 1: If the Owner elects to proceed with Alternate No. 1, ADD the cost of the electrical contractor furnishing and installing electrical cabinet #4. Refer to the documents for additional information. FORM OF BID CONTRACT NO. 973 Page 2 of 5 Page 105 of 468 Add sum of: Dollars ($ ). Alternate No. 2: If the Owner elects to proceed with Alternate No. 2, ADD the cost of the electrical contractor furnishing and installing electrical cabinet #5. Refer to the documents for additional information. Plumbing contractor shall locate pedestal type hydrant as indicated in the documents. Add sum of: Dollars ($ )• Alternate No. 3: If the Owner elects to proceed with Alternate No. 3, ADD the cost of the electrical contractor furnishing and installing fiber handholes and associated conduit as indicated on the plans. Electrical contractor shall provide conduit from inside electrical cabinet #1 to power handhole near the center of the park as indicated on the plans. Refer to the documents for additional information. Add sum of: Dollars ($ )• Alternate No. 4: If the Owner elects to proceed with Alternate No. 4, DEDUCT the cost of the dance chimes, installation and 16 LF of concrete curb. ADD the cost of installing 30 SF brick pavers with concrete base in place of the dance chimes, as shown on the plans. Deduct sum of: Dollars ($ )• Add sum of: Dollars ($ )• Net Alternate Price ADD / DEDUCT (circle one) Total: FORM OF BID Dollars CONTRACT NO. 973 Page 3 of 5 Page 106 of 468 Alternate No. 5: If the Owner elects to proceed with Alternate No. 4, DEDUCT the cost stamped colored concrete and ADD the cost of PCC, 6" Concrete. Deduct sum of: Dollars ($ ). Add sum of: Dollars ($ Net Alternate Price ADD / DEDUCT (circle one) Total: Dollars 1. It is understood and agreed by the undersigned that OWNER reserves the unrestricted privilege to reject any or all of the foregoing prices which it may consider excessive or unreasonable. It is also understood that OWNER reserves the right to select any combination of Bid Items that are in the OWNER's best interest. 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. 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. 4. Security in the sum of Dollars ($ ) in the form of submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. is 6. Attached hereto is a Resident Bidder Certification ( ), or Non -Resident Bidder Certification ( ). (Mark one.) 7. The bidder is prepared to submit a financial and experience statement upon request. FORM OF BID CONTRACT NO. 973 Page 4 of 5 Page 107 of 468 8. 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. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. 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 Su bcontractor(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: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The Owner reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONTRACT NO. 973 Page 5 of 5 Page 108 of 468 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 ❑ Carpentry ❑ Concrete ❑ Drywall -Plaster -Insulation ❑ Electrical Metal ❑ Excavation/Grading ❑ Flooring ❑ Heavy Construction ❑ Heating -Ventilating -Air Cond ❑ Landscaping ❑ Painting ❑ Paving ❑ Plumbing ❑ Roofing -Siding -Sheet ❑ Windows ❑ Wrecking -Demolition ❑ Other (Please specify) Page 109 of 468 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 presents to be signed by their proper officers this day of , 201 (Seal) Principal By (Title) (Seal) Witness Surety By Witness Attorney-in-fact Page 110 of 468 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 . My commission expires Title Page 111 of 468 NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) being first duly sworn, deposes and says that: ) ss: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 201 . Title My commission expires Page 112 of 468 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. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 Page 113 of 468 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, 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) EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 Page 114 of 468 TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non- discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Page 115 of 468 Bidder Status Form To be completed by all bidders Part A Please answer "Yes" or "No" for each of the following: ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered "No" to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: Dates: Dates: / / to / / Address. City, State, Zip. / / to / / Address' City, State, Zip: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: To be completed by non-resident bidders Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company's home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? LI Yes ❑ No 3. If you answered "Yes" to question 2, identify each preference offered by your company's home state or foreign country and the appropriate legal citation. You may attach additional sheet(s) if needed. To be completed by all bidders Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Page 116 of 468 Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No O Yes 0 No O Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No ❑ Yes 0 No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state, and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) Page 117 of 468 Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ) Subcontractor Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( ) Federal ID Number (if no Federal ID Number, Owner/President's Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor's Address Zip Subcontractor's Telephone Number ( ) Subcontractor's Federal ID Number (if no Federal ID Number Owner/President's Social Security Number) Name of Equal Employment Officer C. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Name Ethnic Address Position Sex Origin 1 Page 118 of 468 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER'S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (Name of Company) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. 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) 2 Page 119 of 468 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) 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. 3 Page 120 of 468 2. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved (Name of Company) Affirmative Action Programs from all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non - minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of (Name of Company) specific actions relative to recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. Affirmative Action (Name of Company) Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 201_, 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 201 . Note, that none of the goals are rigid or inflexible. They are targets that your -4 - Page 121 of 468 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) 5 Page 122 of 468 INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV 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: 6 Page 123 of 468 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 -7 - Page 124 of 468 and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, 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-job): 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. 8 Page 125 of 468 ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the F.Y. 2019 Lincoln Park Improvements, Contract No. 973, 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. BID ITEM DESCRIPTION UNIT EST. QTY. 1 TRAFFIC CONTROL LS 1.00 2 MOBILIZATION LS 1.00 3 SILT FENCE, INSTALLATION, REMOVAL LF 1,298 4 CONSTRUCTION FENCE LF 2,998 5 REMOVALS, EXISTING PAVEMENT SY 1,879 6 REMOVALS, SUNKEN PLAZA LS 1.00 7 REMOVALS, LIGHTING EA 4.00 8 EXCAVATION, CLASS 10 CY 3,280 9 SITE GRADING LS 1.00 10 IMPORTED CLEAN FILL CY 107 11 IMPORTED TOP SOIL CY 143 12 ELECTRICAL INSTALLATION LS 1.00 13 PLUMBING AND DRINKING FOUNTAIN INSTALLATION LS 1.00 14 MODIFIED SUBBASE, COMPACTED SY 1,755 15 PCC PAVEMENT, 6" SY 933 16 CONCRETE CURB FOR BRICK LF 307 17 BRICK PAVERS WITH CONCRETE BASE SF 3,321 18 PCC, 6" CONCRETE—STAMPED/COLORED SF 1,286 19 BENCHES EA 54 20 WASTE RECEPTACLES EA 8 21 ENTRANCE SIGNS EA 2 Page 126 of 468 22 FLOWER BASKETS FOR LIGHT POLES EA 16 23 SHADE TREES EA 10 24 TURFGRASS SEEDING SF 16,000 25 DANCE CHIMES & INSTALLATION EA 1 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 Page 127 of 468 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 Page 128 of 468 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) Page 129 of 468 co Z O OC W N Z I ce C W O 1 LL W Z O wQ Z cn DO 03 UCO Qw CO Z 2O W a v p U) -a U) N Es L w co a) un U 0 N c O - Z c0 O O) > a) •- ( • (1) O (0 i N ° CO 0 2 Q O p Q •cn c t;as c t a 0 m 0� -L U O o O OL W O) O Z 0 E Q c C 0 u) 7 4 mm W 0 m 0 0 ,_ w (0 .- 0 O to �0 0 a) • a) c a) c > N n U U m W CC N O m W c0 m 0 L O c .LJ L LL A U Q m O w arnw c ��� o Z O� c 2 _'22 3m Ohm O0 (a a) 0 ' OL Q° 2 0_ c o�� 0 W > a) 2 co 0 co U E co c co O t u,opw E o _c -c. o 0 o o 0 0 >, c_c c ca o� o��a a� ..cE �- w° 0a) oLE0o N W cn 0 y CO _ ° O a) E cB v, L cm o1E _c _ a) U - �� - cn ` o m �c� Lo �2� ° ami ° Q m °ate 0eL LIJ co v> ° c .- -U o oQo moon 0 0 o: o � 0 � 0 o E' 0°--- ' >. o W° co0 pE in J W Q o N p a -O -O .� W +� _0 03 �, c0 m o L _a 7 ID 6 Y §_C o W c0 — c LE v7 2. n °)U_ L .� 3 0 0 u) o E' W •§ 0 c CO -0 c .o o N 0 0 c0 (U4 Pa) m o cn o co +� U ) L 0 LLJ c0 cn c O ... 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CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 493-2542 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION tl�l /il k I S p 'd ll�pa,„",98 ,u Nn kd,�rr 11 d, q, 9_9_14 Page 133 of 468 GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: II' /11,A4l ll i 11 Page 134 of 468 COMMERCIAL AND INDUSTRIAL PAINTING WATCO CONSTRUCTION, INC.* 2920 Texas Street Waterloo, IA 50702 Phone : (319) 233-7481 Certified: City of Waterloo WBE Contact : Patricia J Kimball Specializing in: STORM SEWER, INLETS, DRAIN TILE, WATER MAIN, SANITARY SEWER, INTAKE STRUCTURES * DENOTES WOMEN BUSINESS ENTERPRISE NI R/90,V0 ll i, 1i ,fi�a u�°a���,,i ��H� d. a,,dan��, 1[,a. I , ?+' Page 135 of 468 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? 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 201 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 1 OF 2 PAGES Page 136 of 468 State of ) ) ss: County of ) (Name of Bidder) By: Title: being duly sworn deposes and says that he is of (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 201 . Notary Public My commission expires STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 PAGES Page 137 of 468 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with the F.Y. 2019 Lincoln Park Renovations, Contract No. 973, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications are dated February 20, 2019. They have the general title of F.Y. 2019 Lincoln Park Renovations, Contract No. 973. The drawings are numbered and separately entitled as follows: Sheet No. Description L-0.1 L-0.2 ME -1.1 ME -1.2 ME -2.1-2.3 ME -3.1-3.3 L-1.1 L-1.2 L-1.3 L-1.4-1.5 L-1.6 General Notes Demolition Plan MEP Park Demolition Plan MEP Park Plan MEP Details MEP Schedules Site Plan Plaza Plan & Details Intersection Corner Details Site Details Planting Plan The standard specifications of the City of Waterloo are to be used along with the special provisions described herein and shall be considered as part of the contract documents. 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that he materials are not salvageable and the City does not want to retain GENERAL SPECIAL PROVISIONS CONTRACT NO. 973 Peel fNf0:468 ownership of the materials. Materials designated in the field by the Engineer as nonsalvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to locations as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. 7. MAILBOXES The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment, but will be considered incidental to the item to which it applies. 8. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. 9. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 10. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 11. CONSTRUCTION SCHEDULING The Contractor shall coordinate the work under this contract with contractors performing work under other contracts which may be performed concurrently. The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. GENERAL SPECIAL PROVISIONS CONTRACT NO. 973 Peel ggfo: 468 12. PRE -CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre - construction conference to discuss problems and schedules of contracts. 13. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 14. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 15. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices" and shall provide, keep and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated lens sheeting is not required on this project. 16. GRADES, LINES, LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor. The Contractor shall verify all grades, lines, levels and dimensions as sown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. 17. SAFETY OF WORKERS AND PUBLIC GENERAL SPECIAL PROVISIONS CONTRACT NO. 973 Peel4Ifo:468 The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 18. CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE PAVEMENT Section IX "Construction Equipment" of the "Specifications for Concrete Paving, Widening, and Curb and Gutter" of the Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa, shall be amended as follows: Iowa Department of Transportation standard specification Section 2301.07 Construction Equipment For Portland Cement Concrete Pavement shall apply with the following exception to Section 2301.07.A.7.b Finishing Machine: The first sentence shall read as "A finishing machine will be required on all uniform width slabs ten (10) feet or more in width upon which a continuous line of forms more than one hundred fifty (150) feet in length may be set, except for intersections or otherwise approved by the Engineer." 19. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2019 due to City holidays: September 2, and November 11. 20. TESTS AND INSPECTIONS (A) The CONSTRUCTOR shall schedule all required tests, approvals and inspections of the Work or portions thereof at appropriate times so as not to delay the progress of the Work or other work related to the Project. The CONSTRUCTOR shall give proper notice to all required parties of such tests, approvals and inspections. If feasible, the OWNER and Others may timely observe the tests at the normal place of testing. Except as provided in subsection 20(c), the OWNER shall bear all expenses associated with tests, inspections and approvals required by the Contract Documents, which, unless otherwise agreed to, shall be conducted by an independent testing laboratory or entity retained by the OWNER. Unless otherwise required by the Contract Documents, required certificates of testing, approval or inspection shall be secured by the CONSTRUCTOR and promptly delivered to the OWNER. (B) If the OWNER or appropriate authorities determine that tests, inspections or approvals in addition to those required by the Contract Documents will be necessary, the CONSTRUCTOR shall arrange for the procedures and give timely notice to the OWNER and Others who may observe the procedures. Costs of the additional tests, inspections or approvals are at the OWNER's expense except as provided in the subsection below. (C) If the procedures described in two subsections above indicate that portions of the Work fail to comply with the Contract Documents, the CONSTRUCTOR shall be responsible for costs of correction and retesting. GENERAL SPECIAL PROVISIONS CONTRACT NO. 973 Peel 'Pfo: 468 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa. 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. GENERAL SPECS Page 1 of 15 Page 142 of 468 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials. 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work GENERAL SPECS Page 2 of 15 Page 143 of 468 described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the Engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or arbitration before such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change. 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies by more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Either party to the contract may request such an adjustment. GENERAL SPECS Page 3 of 15 Page 144 of 468 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319-232-6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City's forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City's property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the GENERAL SPECS Page 4 of 15 Page 145 of 468 acceptable fulfillment of the terms of the Contract. Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. If the specifications, the Engineer's instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contractor shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referred to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the force increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER'S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. GENERAL SPECS Page 5 of 15 Page 146 of 468 All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to arbitration. 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor's expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the Engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re -execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, GENERAL SPECS Page 6 of 15 Page 147 of 468 tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City's employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY'S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of an use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor GENERAL SPECS Page 7 of 15 Page 148 of 468 shall be entitled to such extra compensation or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor's responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor's control; or by delay authorized by the Engineer pending arbitration; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contractor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one-fourth (1/4) of the contract period, one-eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law and take over the GENERAL SPECS Page 8 of 15 Page 149 of 468 prosecution and completion of the work, as provided under the article covering City's right to terminate contract. 8. CITY'S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days' written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default shall be certified by the Engineer. 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such work, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: GENERAL SPECS Page 9 of 15 Page 150 of 468 (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work. Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra s heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not afforded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the quantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve GENERAL SPECS Page 10 of 15 Page 151 of 468 such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to arbitration as hereinafter provided, and the decision of the arbitrator or arbitrators shall be final, and the Engineer shall, within a period of five (5) days, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain ten percent (10%o) of the amount due the Contractor on the completion report for a period of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final ten percent (10%o) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Article 6, Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed and completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer's certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury GENERAL SPECS Page 11 of 15 Page 152 of 468 sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit Products—Completed Operations Aggregate Limit $ 2,000,000.00 $ 2, 000, 000.00 Each Occurrence Limit $ 2,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured". A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be GENERAL SPECS Page 12 of 15 Page 153 of 468 required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement or arbitration. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid for dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. ARBITRATION. All questions subject to arbitration under this Contract shall be submitted to arbitration at the choice of either party to the dispute. The Contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the Engineer. The demand for arbitration shall be filed in writing with the Engineer, in the case of an appeal from his decision, within ten (10) days of its receipt, and in any other case, within a reasonable time after cause thereof, and in no case later than the time of final payment, except as otherwise expressly stipulated in the contract. If the Engineer fails to make a decision within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the part appealing. GENERAL SPECS Page 13 of 15 Page 154 of 468 No one shall be nominated or act as an arbitrator who is in any way financially interested in the contract or in the business affairs of either the City or the Contractor. The general procedure shall conform to the laws of the State of Iowa. Unless otherwise provided by such laws, the parties may agree upon one arbitrator; otherwise, there shall be three --one named in writing by each party to this contract to the other party, and the third chosen by these two arbitrators, or, if they fail to select a third within ten (10) days, then he shall be chosen by the Comptroller of the State of Iowa. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. If there be one arbitrator, his decision shall be binding; if three, the decision of any two shall be binding. Such decision shall be a condition precedent to any right of legal action, and, wherever permitted by law, it may be filed in Court to carry it into effect. The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they shall deem proper for the time, expense, and trouble incident to the appeal, and, if the appeal was taken without reasonable cause, damages for delay, the arbitrators shall fix their own compensation unless otherwise provided by agreement, and shall assess the costs and charges of the arbitration upon either or both parties. The award of the arbitrators must be in writing, and it shall not be open to objections on account of the form of proceeding or the award, unless otherwise provided by the laws of Iowa. In the event of such laws providing on any matter covered by this article otherwise than as hereinbefore specified, the method of procedure throughout and the legal effect of the award shall be wholly in accordance with the laws of the State of Iowa, it being intended hereby to lay down a principle of action to be followed, leaving its local application to be adopted to the legal requirements of the place in which the work is to be done. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY. The Contract shall be considered as completed and the Contractor released from further obligations except as to the GENERAL SPECS Page 14 of 15 Page 155 of 468 requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY'S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. GENERAL SPECS Page 15 of 15 Page 156 of 468 SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sentence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease -purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the SUPPLEMENTAL GENERAL SPECIFICATIONS PAGE 1 OF 2 PAGES Page 157 of 468 right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPPLEMENTAL GENERAL SPECIFICATIONS PAGE 2 OF 2 PAGES Page 158 of 468 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2019 LINCOLN PARK IMPROVEMENTS CITY OF WATERLOO, IOWA CONTRACT NO. 973 This contract made and entered into this day of , 20_, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 Contractor agrees to build and construct the F.Y. 2019 LINCOLN PARK IMPROVEMENTS, Contract No. 973, and furnish all necessary tools, equipment, materials,_ and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before , unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. FORM OF CONTRACT PAGE 1 OF 4 PAGES Page 159 of 468 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice FORM OF CONTRACT PAGE 2 OF 4 PAGES Page 160 of 468 PAR. 15 to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 3 OF 4 PAGES Page 161 of 468 CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 4 OF 4 PAGES Page 162 of 468 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, of (the "Principal"), and of (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, 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. Performance Bond Page 1 of 2 Page 163 of 468 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL SURETY Name By: Title: Name By: Title: [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Page 164 of 468 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) hereinafter called OWNER, in the penal sum of Dollars,($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20, a copy of which is hereto attached and made a part hereof for the construction of: NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. 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. Page 165 of 468 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) Secretary (SEAL) Principal 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. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Page 166 of 468 SECTION 09 70 48 LIMESTONE SIGNAGE PART 1— GENERAL 1.01 SUMMARY A. Extent of limestone stonework as indicated on the plans including: 1. Providing and installing four new limestone signs. 1.02 QUALITY ASSURANCE A. Single -Source Responsibility for Stone: Obtain the limestone from a single quarry with resources to provide materials of consistent quality in appearance and physical properties, including the capacity to cut and finish material without delaying the progress of the work. B. Installer Qualifications: Engage an experienced Contractor who has completed stone work similar in material, design, and extent to that indicated and that has resulted in construction with a record of successful in-service performance. 1.03 SUBMITTALS A. Product Data: Submit manufacturer's technical data for limestone, stonework accessories, and other manufactured products required. B. Shop Drawings: Submit cutting and setting drawings indicating sizes, dimensions, sections and profiles of stones; arrangement and provisions for jointing, supporting, anchoring, and bonding stonework; and details showing relationship with, attachment to, and reception of, related work. C. Graffiti control products. Submit manufacturer's technical data for product intended to minimize the effects of graffiti and other environmental factors for review. Product shall provide long-term protection with minimum maintenance required. 1.04 FIELD -CONSTRUCTED MOCK-UP A. Prepare mock-ups for the following types of dimension stonework. Purpose of mock-ups is further verification of selections made for color and finish under sample submittals and establishing standard of quality for aesthetic effects expected in completed work. Build mock-ups to comply with following requirements: 1. Mock-up for limestone work shall consist of the in-place installation of one limestone sign as detailed. 2. Notify Engineer one week in advance of the dates and times when the mock-up will be erected. 3. Mock-up will remain in place (if accepted) and will be held as the standard for judging the remaining stonework. 09 70 48 LIMESTONE Page 1 of 3 Page 167 of 468 1.05 DELIVERY, STORAGE AND HANDLING A. Deliver masonry materials to project in undamaged condition. B. Store and handle stone and related materials to prevent their deterioration or damage due to moisture, temperature changes, contaminants, corrosion, breakage, chipping, or other causes. C. Do not use pinch or wrecking bars. D. Store stone on wood skids or pallets, covered with non -staining, waterproof membrane. Place and stack skids and stones to distribute weight evenly and to prevent breakage or cracking of stones. 1.06 ENVIRONMENTAL REQUIREMENTS A. Maintain materials and ambient air to a minimum 40 degrees F prior to, during, and 48 hours after completion of work. B. At the end of working day, or during rainy weather, cover exposed stone work with non -staining waterproof coverings, securely anchored. C. Cold Weather Protection: Comply with the following requirements: Remove ice or snow formed on stonework beds by carefully applying heat until top surface is dry to the touch. PART 2— MATERIALS 2.01 LIMESTONE A. Provide matched blocks from a single quarry for each type, variety, color and quality of stone required. Extract blocks from a single bed of quarry stratum. 1. Limestone blocks shall be long, smooth cut Iowa Native Anamosa Dolomitic Limestone. Stone shall be 11-1/2 inches H x 12 inches W x 6-1/2 feet L as detailed in the drawings. B. Absorption (ASTM C97): 7-8% average C. Bulk Specific Gravity (ASTM C97): 2-2.5 average D. Density (ASTM C97): 130-135 lbs/cu. ft. E. Compressive Strength (ASTM C170): 10,000 psi min. F. Modulus of Rupture (ASTM C99): 1100 psi min. G. Flexural Strength (ASTM C880): 900 psi min. H. Type: Buff colored, select grade, with finish and size as defined on plans. 2.02 STONE FABRICATION A. General: Fabricate stonework in sizes and shapes required to comply with requirements indicated, including details on Plans and final shop drawings. B. Cut stones to produce pieces of thickness, size and shape indicated or required and within fabrication tolerances recommended by applicable stone association or, if none, stone source, for faces, edges, beds, and backs. C. Slope exposed top surfaces of stone and horizontal sill surfaces for natural wash. 09 70 48 LIMESTONE Page 1 of 3 Page 168 of 468 D. Carefully inspect finished stones at fabrication plant for compliance with requirements relative to qualities of appearance, material, and fabrication; replace defective stones with ones that do comply. 1. Grade and mark stones for overall uniform appearance when assembled in place. Natural variations in appearance are acceptable if installed stones match range of colors and other appearance characteristics represented in approved samples and field -constructed mock-ups. PART 3 — CONSTRUCTION 3.01 GENERAL A. Execute stonework by skilled mechanics and employ skilled stone fitters at the site to do necessary field cutting as stones are set. B. INSPECTION: Verify that support work and site conditions are ready to receive work of this Section. Verify that items built-in under other Sections are properly located and sized. Beginning of installation means acceptance of existing conditions and support work. C. PREPARATION: Establish layout. Protect from disturbance. Clean stone surfaces which have become dirty or stained prior to setting to remove soil, stains and foreign materials. Clean stones by thoroughly scrubbing stones with fiber brushes followed by a thorough drenching with clear water. Use only mild cleaning compounds that contain no caustic or harsh filler or abrasives. Do not use wire brushes or implements which can mark or damage exposed surfaces. 3.02 LIMESTONE INSTALLATION A. Erect stone in accordance with stone supplier's instructions. B. Place limestone blocks on concrete footing as per the Plans. 3.03 GRAFFITI CONTROL A. Contractor: shall provide all materials, labor and equipment to provide all exposed stone with two applications of Graffiti Control. B. Surface to be sealed must be clean and thoroughly dry. Surface and air temperatures should be at lease 50 degree at time of application and for 8 hours following. First application shall be at least 28 days after completion of actual stone work. C. Application shall be by brush, roller or airless spray, the surface should be flooded to the point of maximum absorption. Coverage will vary from 150 to 400 square feet per gallon under normal weather conditions coating will dry to touch in 50 minutes and dry hard in four hours. After 24 hours apply a second coat. Care shall be taken to ensure other finish surfaces and plantings in the area are not coated. PART 4 — MEASUREMENT AND PAYMENT 4.01 Measurement: The Engineer shall measure the number of limestone signs that are satisfactorily installed in accordance with the plans and this Special Provision, as required by the contract documents. 4.02 Payment: For each limestone sign installed and measured for payment, the Contractor shall be paid the contract unit price. This payment shall be full compensation for the limestone installed, including all sign lettering as shown on the plan details. 09 70 48 LIMESTONE Page 2 of 3 Page 169 of 468 SECTION 22 0050 BASIC PLUMBING REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic Plumbing Requirements specifically applicable to Mechanical Division Specification Sections. B. Division 22 Specification requirements also include, by reference, all Division 00 and 01 specification sections. This contractor is responsible to review these specification sections. Requirements of these specification sections are included as a part of this contract. 1.02 OWNER OCCUPANCY A. The owner will not occupy the premises during the construction period. 1.03 REGULATORY REQUIREMENTS A. This contractor shall give proper authorities all requisite notices relating to work in his charge, obtain official permits, licenses for temporary construction and pay proper fees for it. B. This contractor is to be solely answerable for and shall promptly make good all damage, injury or delay to other contractors, to neighboring premises or to persons or property of the public by himself, by his employees or through any operation under his charge, whether in the contract or extra work. C. No attempt has been made to reproduce in these specifications any of the rules or regulations contained in city, state or federal ordinances and codes pertaining to the work covered by these specifications that the contractor be thoroughly familiar with all such ordinances and codes. D. The fact that said various rules, regulations and ordinances are not repeated in this specification does not relieve the contractor of the responsibility of making the entire installation in accordance with the requirement of those authorities having jurisdiction. E. All work shall comply with the applicable recommendations of: 1. The Occupations Safety and Health Act (OSHA) 2. Current applicable city building codes. F. Plumbing: Conform to current plumbing code. G. Obtain permits and request inspections from authority having jurisdiction. H. Safe Drinking Water Act and Senate Bill S.3874: All products must meet the lead-free requirements of the SDWA and NSF/ANSI 372 certification. 1.04 PROJECT/SITE CONDITIONS A. Install work in locations shown on the drawings unless prevented by project conditions. B. Prepare drawings showing proposed rearrangement of work to meet project conditions, including changes to work specified in other sections. Obtain permission of owner and architect/engineer before proceeding. C. This contractor, before submitting his bid, shall visit the site of the project to familiarize himself with locations and conditions affecting his work. D. It is the intent of this specification that the contractor furnishes all labor and material required completing the installation as outlined in the drawings and specifications. No additions to the contract price shall be allowed due to the failure of this contractor to properly evaluate the effect of existing conditions on the work to be done under this contract. 1.05 SEQUENCING AND SCHEDULING A. This contractor shall arrange his work in order that it progresses along with the general construction of the building. B. This contractor shall be kept informed as to the work of other trades engaged in the project and shall execute his work in such a manner so as not to delay or interfere with progress of other contractors. 22 0050 BASIC PLUMBING REQUIREMENTS Page 1 of 5 Page 170 of 468 C. Where space for mechanical and electrical lines and piping is limited, it is imperative that all such trades coordinate their work so as to insure concealment in space provided. Where conflict exists, the engineer shall decide priority of space. If work is not properly coordinated, the engineer may require removal and relocation of work without additional compensation. 1.06 GUARANTEE A. This contractor shall guarantee all of the apparatus, materials, equipment furnished and labor installed under this contract for a period of one year after date of final acceptance, unless a longer period is specified. B. Neither final certificate of payment nor any provisions in the contract documents nor partial or complete occupancy of premises by owner shall constitute an acceptance for work not done in accordance with contract documents or relieve the contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. C. Should any defects arise as the result of defective workmanship or material within the guarantee period set forth, this contractor shall make the necessary correction at his own expense. 1.07 ENGINEER APPROVED EQUAL PRODUCTS A. When the engineer, at the request of the interested parties, including the contractor, supplier and manufacturer approved "engineer approved equal" products for this project, such products are approved on the assumption that they will equal or exceed the performance of the products specified. B. If such products do not do so after being installed on this project, this contractor shall replace or modify the particular product as necessary to equal the performance of the products specified at no expense to the owner, architect or engineer. C. Request for "engineer approved equal" products shall be received by the architect/engineer prior to the last addendum being issued. Requests for substitutions received after this date will not be considered. Substitution requests shall clearly state which products are being considered for substitution. Substitution requests shall include all pertinent product information needed to evaluate the substitution as an "equal". D. Similar products shall be all of the same manufacturers and style. There is no exception to this unless prior approval has been granted from engineer. 1.08 PROTECTION AND MAINTENANCE A. Where necessary to connect to any existing utility service, this contractor shall contact the owner and shall coordinate any service connection with the owner. B. This contractor shall protect existing equipment in finished areas from dirt, dust and damage as a result of his work. 1.09 DEMOLITION A. This contractor shall be responsible for the demolition and removal of all existing mechanical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be relocated". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. 4. All elements to be removed are subject to the Owner's Right of Salvage. B. Preserve services to the existing facility. Extend/reroute/reconnect existing systems as required providing for the continued function of these systems. 1.10 CUTTING AND PATCHING A. This contractor shall do all cutting and patching necessary for the installation of his work. B. This contractor shall arrange for openings in the building as required for the installation of equipment furnished under this contract. 22 0050 BASIC PLUMBING REQUIREMENTS Page 2 of 5 Page 171 of 468 C. Where sewers must be extended or changed, patching with concrete will be done in the building. Patching shall be at both the top and bottom of sleeves where above grade. D. In areas where the integrity of new or existing fire separation assembly/wall is compromised by the work, contractor shall be responsible to patch and/or seal openings as necessary to maintain/return fire separation to rating as required by applicable codes. E. This contractor shall do all cutting and patching required for his work beyond the remodeled areas unless otherwise noted. All finish work shall include patching to match existing adjacent surfaces. Painting shall be by others. 1.11 CLEANING AND RUBBISH A. This contractor shall upon completion of his work, remove all rubbish and debris resulting from his operation and shall remove it from site at his own expense. B. In so far as his work is concerned, all equipment shall be cleaned and the premises left in first class condition. C. This contractor shall maintain the work area each day to prevent hazardous accumulation of waste from his work. 1.12 UTILITY COMPANY A. Any fees by the utility company are to be billed directly to the owner. 1.13 HAZARDOUS MATERIALS A. If the contractor stores any hazardous solvents or other materials on the site, he shall obtain copies of the safety data sheets for the materials and post them on the site. He shall inform the owner and all employed of any potential exposure to this material. B. At no time shall any product containing asbestos be incorporated into the work. 1. If asbestos materials are encountered, report to the owner. The owner will be responsible for asbestos removal. 1.14 RECORD DRAWINGS A. This contractor shall provide, at the conclusion of the project, one clean, non -torn, neat, and legible "as -built" set of drawings to the owner. These drawings shall show the routing of pipes, drawn in at scaled locations. A set of construction blue prints will be furnished for this work. B. All mechanical systems installed shall be shown on the "as -built" drawings. C. Refer to respective architectural specification section for additional information. D. This contractor shall update these drawings during the project at least every week. 1.15 REVIEW OF MATERIALS A. This contractor shall submit to the engineer for review one (1) electronic copy of a brochure giving a complete list of materials and equipment he proposes to furnish. The brochure shall contain complete information as to the make of equipment, type, size, capacities, dimensions and illustration. One of the returned copies shall be kept on the job at all times. B. Checking of submittal drawings by the engineer does not relieve the contractor of the responsibility for the accuracy of such drawings and for their conformity to drawings and specifications unless he notifies engineer in writing of such deviation at time such drawings are furnished. C. All submittals shall have the date marked on them when the contractor receives them from the supplier. Submittals shall be submitted through the contractor and shall not come direct from the supplier to the architect or engineer. D. This contractor shall mark the date and sign each set that he has checked each of them in their entirety before submitting to the engineer. Submittals that are not dated and signed by the contractor will not be accepted, or checked and will be marked "resubmit" and sent back to the contractor. 22 0050 BASIC PLUMBING REQUIREMENTS Page 3 of 5 Page 172 of 468 1.16 TEST OF SYSTEMS A. This contractor shall, before concealed, test all systems installed under this contract as called for in these specifications and as required by local codes. Tests shall be made in the presence of the engineer, local authorities or their duly authorized representative. Any defects discovered in testing shall be corrected and the tests repeated until all defects are eliminated. B. This contractor shall be held responsible for all damage resulting from defects in the system. C. At the conclusion of construction (before any covering up, painting or finishing) each element of the system shall be thoroughly tested against leakage with appropriate pressure tests as outlined herein and in appropriate sections of the specifications. All testing shall be hydrostatic unless permission is granted otherwise. 1. Water: 100 psi maintained 8 hours D. Fluid lines other than the above 1.5 times operating with a minimum pressure of 60 psig. E. No covering or backfilling of plumbing lines shall be done until inspected by the architect or local inspector. Test T's shall be provided on all waste and vent stacks 4'-6" above each floor as required for testing the plumbing system. F. After completion of installation, the systems shall be given tests under full operating conditions and pressures and all adjustments shall be made to make the system operative as required. All safety devices shall be tested for correct operation. 1.17 SCOPE OF WORK A. All work shall be performed by well-qualified and licensed mechanics with a thorough knowledge of the various systems involved in this building. It shall be this contractor's responsibility to see that his mechanics are familiar with all the various codes and tests applicable to this work. B. All equipment shall be new and of the type as specified by the engineer unless otherwise noted in these specifications or on the drawings to remain and or be reused. C. The intent of the drawings and specifications is for complete installation of the systems outlined in the drawings and specifications so that at the conclusion of construction the system will be turned over to the owner complete and ready for safe and efficient operation. D. This contractor shall be required to furnish and install all such items normally included on systems of this type, which, while not mentioned directly herein or on the drawings are obviously essential to the installation and operation of the system and which are normally furnished on quality installation of this type. The drawings and specifications cannot deal individually with the many minute items that may be required by the nature of the systems. E. If there is a discrepancy between the drawings and the specifications or within either document, the more stringent requirement shall be estimated unless brought to the engineer's attention and an addendum is issued for clarification. 1.18 VERIFICATION OF ELEVATION OF EXISTING LINES A. This contractor, before starting any new work, shall verify the elevations of all existing piping to which he must connect under this contract. He shall report any discrepancies between drawing elevations and actual elevations to the engineer before proceeding with the work. Failure of the contractor to do so shall make him liable for the cost of extra work involved. 1.19 DAILY HOUSEKEEPING A. At the end of each working day, this contractor shall remove all of his debris, rubbish, tools and surplus materials from the project work area. The work area shall be broom clean and left in a neat and orderly condition. The contractor for the removal of debris from the project shall not use the owner's waste disposal facility. B. At end of construction, all equipment shall be cleaned and the premises left in first class condition as far as this contractor's work is concerned. 22 0050 BASIC PLUMBING REQUIREMENTS Page 4 of 5 Page 173 of 468 1.20 CLEANING OF MECHANICAL SYSTEMS A. The mechanical contractor shall clean and passivate all plumbing systems. Flush systems with water until free from all sand, grit, gravel, oil, etc. Provide Babcock/Wilcox Millipore and biological testing on the flush water. The flush will be considered a success when the water exiting the system contains less than 100 ppb of total suspended solids and less than 100 RLUs. B. This contractor shall thoroughly clean all rust, grease, cement, etc., from all equipment and piping furnished and installed by him as required to leave surfaces suitable for finish painting. C. This contractor shall keep all pipes, waste lines, etc., plugged, drained or otherwise protected during construction. All items of mechanical equipment shall be suitably protected and upon completion of project shall be equal to new condition. 1.21 TRENCHING AND BACKFILLING A. Each contractor is responsible for their own individual trenching and backfilling unless otherwise noted in the drawings or addendum. B. All underground utilities, piping, etc shall be located exactly before digging. This contractor shall be held responsible for all damages caused by failure to do so. C. Any backfill shall be tamped and compacted to prevent future settling. The backfill shall be installed to a smooth and level grade and installed in accordance with local codes. D. All excess dirt shall be cleared from the area and disposed of as directed by the owner. E. Refer to architectural specification sections for additional requirements. 1.22 ALTERNATES A. Refer to General Specification Sections for alternate bid description. 1.23 DIGITAL MEDIA AGREEMENT A. Computer Aided Drafting (CAD) documents may be available to the contractor for some uses. Contact the engineer prior to bidding to determine what information is available to be transmitted to the contractor in digital form. B. When documents are determined to be available, and as requested by the contractor, they will be transmitted upon the completion and execution of the MODUS digital media agreement. A service fee for each document transmitted will be assessed to the contractor. Documents will be transmitted upon payment receipt. Current service fee is $100.00 per CAD sheet. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 22 0050 BASIC PLUMBING REQUIREMENTS Page 5 of 5 Page 174 of 468 SECTION 22 0080 PLUMBING SCHEDULE OF VALUES PART 1 GENERAL 1.01 FORM COMPLETION A. The successful mechanical contractor shall complete this form in its entirety within 30 days of receipt of the signed contract from the general contractor, and submit directly to MODUS. B. This information is confidential and will not be disclosed to any individual outside of MODUS. Data collected will be used in evaluating pay applications. 1.02 OVERALL CONTRACT Basic Plumbing Bid Add or deduct accepted alternates, negotiated changes, or other modifications to the contract Total Plumbing Bid 1.03 SCHEDULE OF VALUES PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED $ $ $ Domestic Plumbing Piping - Material $ Domestic Plumbing Specialties - Material $ Plumbing Fixtures - Material $ Total Plumbing Bid (Sum of Schedule of Values) $ END OF SECTION 22 0080 PLUMBING SCHEDULE OF VALUES Page 1 of 1 Page 175 of 468 SECTION 22 1116 DOMESTIC PLUMBING PIPING PART 1 GENERAL 1.01 SECTION INCLUDES A. Water piping (below grade) B. Ball valves. 1.02 REFERENCES A. ASME B31.9 - Building Service Piping. B. ASME B16.18 - Cast Bronze Solder - Joint Pressure Fittings. C. ASME B16.22 - Wrought Copper and Bronze Solder -Joint Pressure Fittings. D. ASME B16.26 - Cast Bronze Fittings for Flared Copper Tubes. E. ASME B16.29 - Wrought Copper and Wrought Copper Alloy Solder -Joint Drainage Fittings - DWV. F. ASME B16.32 - Cast Copper Alloy Solder -Joint Fittings for Solvent Drainage Systems. G. ASTM A234 - Pipe Fittings of Wrought Copper Steel and Alloy Steel for Moderate and Elevated Temperatures. H. ASTM B32 - Solder Metal. I. ASTM B42 - Seamless Copper Pipe. J. ASTM B43 - Seamless Red Brass Pipe. K. ASTM B75 - Seamless Copper Tube. L. ASTM B88 - Seamless Copper Water Tube. M. ASTM B251 - Wrought Seamless Copper and Copper -Alloy Tube. N. ASTM B302 - Threadless Copper Pipe (TP). O. ASTM B306 - Copper Drainage Tube (DWV). P. ASTM C14 - Concrete Sewer, Storm Drain and Culvert Pipe. Q. ASTM D2683 - Socket type Polyethylene fillings for outside diameter controlled polyethylene pipe. R. AWS A5.8 - Brazing Filler Metal. S. AWWA C651 - Disinfecting Water Mains. T. NSF/ANSI 61 - Drinking Water System Components - Health Effects. U. NSF/ANSI 372 - Drinking Water System Components - Lead Content. 1.03 SUBMITTALS A. Product Data: Provide data on pipe materials, pipe fittings, valves and accessories. Provide manufacturers catalog information. Indicate valve data and ratings. 1.04 PROJECT RECORD DOCUMENTS A. Record actual locations of valves. 1.05 OPERATION AND MAINTENANCE DATA A. Maintenance Data: Include installation instructions, spare parts list and exploded assembly views. 1.06 QUALITY ASSURANCE A. Perform work in accordance with the State of Iowa. B. Valves: Manufacturer's name and pressure rating marked on valve body. 22 1116 DOMESTIC PLUMBING PIPING Page 1 of 4 Page 176 of 468 C. Identify pipe with marking including size, material classification, specification, potable water certification and water pressure rating. D. Maintain one copy of each document on site. 1.07 REGULATORY REQUIREMENTS A. Perform work in accordance with local jurisdiction plumbing code. B. Conform to applicable code for installation of back flow prevention devices. C. Provide certificate of compliance from authority having jurisdiction indicating approval of installation of back flow prevention devices. D. Wetted surfaces of brass and bronze components shall contain <0.25% weighted average lead content (lead free) as defined by NSF/ANSI Standards 61 and 372. 1.08 DELIVERY, STORAGE AND PROTECTION A. Deliver, store, protect and handle products to site. B. Accept valves on site in shipping containers with labeling in place. Inspect for damage. C. Provide temporary protective coating on cast iron and steel valves. D. Provide temporary end caps and closures on piping and fittings. Maintain in place until installation. E. Protect piping systems from entry of foreign materials by temporary covers, completing sections of the work and isolating parts of completed system. 1.09 ENVIRONMENTAL REQUIREMENTS A. Do not install underground piping when bedding is wet or frozen. PART2 PRODUCTS 2.01 WATER PIPING (BELOW GRADE) A. Copper Tubing: 1. ASTM B88, type #K, soft copper, piping less than three inches. 2. Fittings: None. 3. Joints: None. B. Copper Tubing: 1. ASTM B88, type #K, hard drawn, piping less than three inches. 2. Fittings: ASME B16.18, cast bronze. 3. Joints: AWS A5.8, BCuP silver braze. 2.02 BALL VALVES A. Up To and Including 2 Inches: Bronze full port, two piece body, stainless steel ball and stem. Teflon seats and stuffing box ring, lever handle, solder or threaded ends. 1. Manufacturer: a. Apollo #77LF b. Watts #B-6080-SS c. Milwaukee d. Engineer approved equal. PART 3 EXECUTION 3.01 PREPARATION A. Ream pipe and tube ends. Remove burrs. Bevel plain end ferrous pipe. B. Remove scale and dirt, on inside and outside, before assembly. C. Prepare piping connections to equipment with flanges or unions. 3.02 INSTALLATION A. Install in accordance with manufacturer's instructions. 22 1116 DOMESTIC PLUMBING PIPING Page 2 of 4 Page 177 of 468 B. Provide non-conducting dielectric connections wherever jointing dissimilar metals. C. Group piping whenever practical at common elevations. D. Install piping to allow for expansion and contraction without stressing pipe, joints or connected equipment. E. Provide access where valves and fittings are not exposed. Coordinate size and location of access doors. F. Establish elevations of buried water service to ensure not less than six feet (6') of cover unless otherwise noted. G. Provide support for utility meters in accordance with requirements of utility companies. H. Prepare exposed, unfinished pipe, fittings, supports and accessories not pre-finished, ready for finish painting. I. Install valves with stems upright or horizontal, not inverted. J. Install water piping to ASME B31.9. K. Sleeve pipes passing through walls. L. Where static water pressure in the water supply piping exceeds 80 psi, a water pressure reducing valve preceded by a strainer shall be installed and the static pressure reduced to 80 psi or less. Pressure regulator(s) equal to or exceeding 1-1/2 inches shall not require a strainer. 3.03 APPLICATION A. Install unions downstream of valves and at equipment or apparatus connections. B. Install brass male adapters each side of valves in copper piped system. Solder adapters to pipe. 3.04 ERECTION TOLERANCES A. Establish invert elevations, slopes for drainage to 1/8 inch per foot 1% minimum. Maintain gradients. B. Slope water piping minimum 0.25% and arrange to drain at low points. 3.05 DISINFECTION OF DOMESTIC WATER PIPING SYSTEM A. Prior to starting work, verify system is complete, flush and clean. B. The plumbing contractor is to make sure sanitary sewer lines are running smooth by running a snake through the sanitary sewer lines prior turning the facility over to the owner. C. Ensure pH of water to be treated is between 7.4 and 7.6 by adding alkali (caustic soda or soda ash) or acid (hydrochloric). D. Inject disinfectant, free chlorine in liquid, powder or tablet form throughout system to obtain 50-to 80 mg/L residual. E. Bleed water from outlets to ensure distribution and test for disinfectant residual at minimum 15% of outlets. F. Maintain disinfectant in system for 24 hours. G. If final disinfectant residual tests less than 25 mg/L, repeat treatment. H. Flush disinfectant from system until residual equal to that of incoming water or 1.0 mg/L. I. Take samples no sooner than 24 hours after flushing from 10% of outlets and from water entry and analyze in accordance with AWWA C651. Submit written report to owner. J. Work in this section shall be by a pre-approved water treatment contractor. 3.06 TESTING A. Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure not less than the working pressure under which it is to be used. 22 1116 DOMESTIC PLUMBING PIPING Page 3 of 4 Page 178 of 468 B. The water used for tests shall be obtained from a potable source of supply C. Except for plastic piping, a 50 psi air pressure shall be permitted to be substituted for the water test. D. In either method of test, the piping shall withstand the test without leaking for a period of not less than 15 minutes. 3.07 SERVICE CONNECTIONS A. Provide new water service complete with approved reduced pressure backflow preventer and water meter with by-pass valves and sand strainer. 1. Install service piping and valves as indicated on the site drawing. Provide thrust blocks at all changes in direction. Verify the local city requirements prior to bid. 2. Install remote meter readout and associated wiring. Coordinate location with utility company. B. The plumbing contractor is responsible to contact and inform the utility companies, prior to the utility companies coming to the site, of any underground utilities and piping they may be aware of. C. Charges by the utility company to provide services shall not be included in the bid and shall be paid directly by the owner. 3.08 SCHEDULES A. See the drawings. END OF SECTION 22 1116 DOMESTIC PLUMBING PIPING Page 4 of 4 Page 179 of 468 SECTION 22 1119 DOMESTIC PLUMBING SPECIALTIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Yard hydrant B. Double check valve C. Manhole 1.02 RELATED SECTIONS A. Specification Section 22 1116 - Domestic Plumbing Piping B. Specification Section 22 4000 - Plumbing Fixtures 1.03 REFERENCES A. ASSE 1011 - Hose Connection Vacuum Breakers. B. ASSE 1019 - Wall Hydrants, Frost Proof Automatic Draining Anti -Backflow Types. C. ASTM C478 - Precast Reinforced Concrete Manhole Sections (ASTM C478M - Precast Reinforced Concrete Manhole Sections. D. AWWA C506 - Backflow Prevention Devices - Reduced Pressure Principle and Double Check Valve Types. E. NSF/ANSI 61 - Drinking Water System Components - Health Effects. F. NSF/ANSI 372 - Drinking Water System Components - Lead Content. 1.04 SUBMITTALS A. Product Data: Provide component sizes, rough -in requirements, service sizes and finishes. B. Shop Drawings: Indicate dimensions, weights and placement of openings and holes. C. Certificates: Certify that grease interceptors meet or exceed specified requirements. D. Manufacturer's Instructions: Indicate assembly and support requirements. E. Project Record Documents: Record actual locations of equipment, clean out, backflow preventers, water hammer arrestors. F. Operation Data: Indicate frequency of treatment required for interceptors. G. Maintenance Data: Include installation instructions, spare parts lists, exploded assembly views. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years experience. 1.06 DELIVERY, STORAGE AND PROTECTION A. Accept specialties on site in original factory packaging. Inspect for damage. 1.07 REGULATORY REQUIREMENTS A. Wetted surfaces of brass and bronze components shall contain <0.25% weighted average lead content (lead free) as defined by NSF/ANSI Standards 61 and 372. PART 2 PRODUCTS 2.01 YARD HYDRANT, PEDESTAL (YH-1) A. See schedule on drawings. B. ASSE 1052 backflow prevention, freeze proof, self -draining, anti -siphon with 3/4" brass hose nozzle, lockable cover, vacuum breaker, and flow control lock. 2.02 DOUBLE CHECK VALVE A. Manufacturers: 22 1119 DOMESTIC PLUMBING SPECIALTIES Page 1 of 2 Page 180 of 468 1. Watts LF719 2. Zurn/Wilkins 3. Conbraco/Apollo 4. Febco 5. Ames 6. Engineer approved equal. B. Description: Double check valve assembly consisting of two independent check valves with integral shutoff valves. C. Construction: 1. Springs: Stainless Steel 2. Discs: Silicone 3. Access ports: Device shall have 2 access ports. One for each check valve. A single access port is not acceptable. D. Accessories: 1. Strainer: Y-type lead free strainer 2. Shut off Valves: Quarter turn ball valves E. Approvals: 1. ASSE 1015 2. Approved by the Foundation for Cross-Connection Control and Hydraulic Research at the University of Southern California. 3. NSF/ANSI 61 (Less than 0.25% Lead by weight) 4. UL Classified (not valves) 2.03 MANHOLE A. Formed Bottom Manholes: Nyloplast formed storm drainage structure. ASTM C478; reinforced precast concrete sections laid on cast-in-place reinforced concrete foundation pad as specified. B. Size: 48 inch diameter. C. Cover: Standard cast iron with minimum sized pick hole and frame. Use heavy-duty cover and frame in vehicular traffic areas. D. Steps to be 3/4 inch diameter galvanized steel on 16 inch centers. E. Refer to detail for additional information. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install approved potable water protection devices on plumbing lines where contamination of domestic water may occur; exterior wall hydrants. C. Install air gap fittings at all equipment drains when equipment is connected to domestic water. END OF SECTION 22 1119 DOMESTIC PLUMBING SPECIALTIES Page 2 of 2 Page 181 of 468 SECTION 22 4000 PLUMBING FIXTURES PART 1 GENERAL 1.01 SECTION INCLUDES A. See plumbing fixture schedules on drawings. 1.02 RELATED SECTIONS A. Specification Section 22 1116 - Domestic Plumbing Piping B. Specification Section 22 1119 - Domestic Plumbing Specialties 1.03 REFERENCES A. ARI 1010 - Drinking Fountains and Self -Contained Mechanically Refrigerated Drinking Water Coolers. B. NSF/ANSI 61 - Drinking Water System Components - Health Effects. C. NSF/ANSI 372 - Drinking Water System Components - Lead Content. 1.04 SUBMITTALS A. Product Data: Provide catalog illustrations of fixtures, sizes, rough in dimensions, utility sizes, trim, and finish. B. Manufacturer's Instructions: Indicate installation methods and procedures. C. Maintenance Data: Include fixture trim exploded view and replacement parts lists. D. Warranty: Submit manufacturer's warranty and ensure forms have been completed in owners name and registered with manufacturer. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Wetted surfaces of brass and bronze components shall contain <0.25% weighted average lead content (lead free) as defined by NSF/ANSI Standards 61 and 372. 1.07 DELIVERY, STORAGE, AND PROTECTION A. Accept fixtures on site in factory packaging. Inspect for damage. B. Protect installed fixtures from damage by securing areas and by leaving factory packaging in place to protect fixtures and prevent use. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install each fixture with trap, easily removable for servicing and cleaning. C. Install components level and plumb. 3.02 ADJUSTING A. Adjust stops or valves for intended water flow rate to fixtures without splashing, noise or overflow. 3.03 CLEANING A. Clean plumbing fixtures and equipment. END OF SECTION 22 4000 PLUMBING FIXTURES Page 1 of 1 Page 182 of 468 SECTION 26 0050 BASIC ELECTRICAL REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic Electrical Requirements specifically applicable to Electrical Division Specification Sections. B. Division 26 Specification requirements also include, by reference, all Division 00 and 01 specification sections. This contractor is responsible to review these specification sections. Requirements of these specification sections are included as a part of this contract. 1.02 OWNER OCCUPANCY A. The owner will not occupy the premises during the construction period. 1.03 REGULATORY REQUIREMENTS A. This contractor shall give proper authorities all requisite notices relating to work in his charge, obtain official permits, licenses for temporary construction and pay proper fees for it. B. This contractor is to be solely answerable for and shall promptly make good all damage, injury or delay to other contractors, to neighboring premises or to persons or property of the public by himself, by his employees or through any operation under his charge, whether in the contract or extra work. C. No attempt has been made to reproduce in these specifications any of the rules or regulations contained in city, state or federal ordinances and codes pertaining to the work covered by these specifications that the contractor be thoroughly familiar with all such ordinances and codes. D. The fact that said various rules, regulations and ordinances are not repeated in this specification does not relieve the contractor of the responsibility of making the entire installation in accordance with the requirement of those authorities having jurisdiction. E. All work shall comply with the applicable recommendations of: 1. The National Board of Fire Underwriters 2. The ANSI-NFPA 70 National Electrical Code 3. The National Fire Protection Association (NFPA) 4. The Occupations Safety and Health Act (OSHA) 5. Fire Protection: Conform to International Fire Code (IFC) and NFPA. 6. International Energy Conservation Code (IECC) F. Obtain permits and request inspections from authority having jurisdiction. G. Conform to latest approved versions of codes. 1.04 PROJECT/SITE CONDITIONS A. Install work in locations shown on drawings unless prevented by project conditions. B. Prepare drawings showing proposed rearrangement of work to meet project conditions, including changes to work specified in other sections. Obtain permission of owner and architect/engineer before proceeding. C. This contractor, before submitting his bid, shall visit the site of the project to familiarize himself with locations and conditions affecting his work. D. It is the intent of this specification that the contractor furnish all labor and material required to complete the installation as outlined in the drawings and specifications. No additions to the contract price will be allowed due to the failure of this contractor to properly evaluate the effect of existing conditions on the work to be done under this contract. E. This contractor shall provide, as necessary, for the installation of his work and in accordance with materials other than the structure. 26 0050 BASIC ELECTRICAL REQUIREMENTS Page 1 of 5 Page 183 of 468 1.05 SEQUENCING AND SCHEDULING A. This contractor shall arrange his work in order that it progresses along with the general construction of the park. B. This contractor shall be kept informed as to the work of other trades engaged in the project and shall execute his work in such a manner so as not to delay or interfere with progress of other contractors. C. Where space for mechanical and electrical lines and piping is limited, it is imperative that all such trades coordinate their work so as to insure concealment in space provided. Where conflict exists, the engineer shall decide priority of space. If work is not properly coordinated, the engineer may require removal and relocation of work without additional compensation. 1.06 GUARANTEE A. This contractor shall guarantee all of the apparatus, materials, equipment furnished, and labor installed under this contract for a period of one year after date of final acceptance, unless a longer period is specified. B. Neither final certificate of payment nor any provisions in the contract documents nor partial or complete occupancy of premises by owner shall constitute an acceptance for work not done in accordance with contract documents or relieve the contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. C. Should any defects arise as the result of defective workmanship or material within the guarantee period set forth, this contractor shall make the necessary correction at his own expense. 1.07 ENGINEER APPROVED EQUAL PRODUCTS A. When the engineer, at the request of the interested parties, including the contractor, supplier and manufacturer approved "engineer approved equal" products for this project, such products are approved on the assumption that they will equal or exceed the performance of the products specified. B. If such products do not do so after being installed on this project, this contractor shall replace or modify the particular product as necessary to equal the performance of the products specified at no expense to the owner, architect or engineer. C. Request for "engineer approved equal" products shall be received by the architect/engineer prior to the last addendum being issued. Requests for substitutions received after this date will not be considered. Substitution requests shall clearly state which products are being considered for substitution. Substitution requests shall include all pertinent product information needed to evaluate the substitution as an "equal". D. Similar products shall be all of the same manufacturers and style. There is no exception to this unless prior approval has been granted from engineer. 1.08 OWNER'S RIGHT OF SALVAGE A. Before beginning construction, the contractor shall check and verify with the owner each item of existing equipment that must be removed. B. The owner will designate which items of material or equipment not reused that he may wish to keep. The contractor shall then remove these items with care and store in a location designated by the owner for the owners disposal. C. All other items of equipment to be removed and not specified for reuse in new construction or reserved by the owner for his use shall become the property of the contractor and shall be removed from the site. 1.09 PROTECTION AND MAINTENANCE A. This contractor shall protect existing equipment in finished areas from dirt, dust and damage as a result of his work. 26 0050 BASIC ELECTRICAL REQUIREMENTS Page 2 of 5 Page 184 of 468 1.10 DEMOLITION A. This contractor shall be responsible for the demolition and removal of all existing electrical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be reused". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. 4. All elements to be removed are subject to the Owner's Right of Salvage. B. Preserve services to the existing facility. Extend/reroute/reconnect the existing systems as required providing for the continued function of these systems. 1.11 CUTTING AND PATCHING A. This contractor shall do all cutting and patching necessary for the installation of his work. 1.12 CLEANING AND RUBBISH A. This contractor, upon completion of his work, shall remove all rubbish and debris resulting from his operation and shall remove it from site at his own expense. B. As far as his work is concerned, all equipment shall be cleaned and the premises left in first class condition. C. This contractor shall maintain the work area each day to prevent hazardous accumulation of waste from his work. 1.13 HAZARDOUS MATERIALS A. If the contractor stores any hazardous solvents or other materials on the site, he shall obtain copies of the safety data sheets for the materials and post them at the site. He shall inform the owner and all employed of any potential exposure to this material. 1.14 AS -BUILT DRAWINGS A. This electrical contractor shall provide (at the conclusion of the project) one clean, non -torn, neat and legible "as -built" set of drawings to the owner. These drawings shall show the routing of conduit, wiring and equipment drawn in at scaled locations. All circuits shall be labeled and shall conform to labeled panel breakers. All dimensions indicated shall be referenced to a column line. A set of construction drawings will be furnished for this work. B. All electrical panels and electrical installed equipment shall be shown on the "as -built" drawings. C. Refer to General Specification Sections for additional requirements. D. This contractor shall update these drawings during the project at least once a week. 1.15 ALTERNATES A. Refer to description of alternate bids under General Specification Sections. 1.16 REVIEW OF MATERIALS A. This contractor shall submit to the engineer for review one (1) electronic copy giving a complete list of materials, fixtures, devices and panels he proposes to furnish. The brochure shall contain complete information as to the make of equipment, type, size, capacities, dimensions, and illustration. One of the returned copies shall be kept on the job at all times. B. Checking of submittal drawings by the engineer does not relieve the contractor of the responsibility for the accuracy of such drawings and for their conformity to drawings and specifications unless he notifies engineer, in writing, of such deviation at time such drawings are furnished. C. All submittals shall have the date marked on them when the contractor receives them from the supplier. Submittals shall be submitted through the contractor and shall not come direct from the supplier to the architect or engineer. D. This contractor shall mark the date and sign each set. This indicates that each of them have been checked in their entirety before submitting to the engineer. Submittals that are not dated 26 0050 BASIC ELECTRICAL REQUIREMENTS Page 3 of 5 Page 185 of 468 and signed by the contractor will not be accepted or checked and will be marked "resubmit" and sent back to the contractor. 1.17 TEST OF SYSTEMS A. This contractor shall, before concealed, test all systems installed under this contract as called for in these specifications and as required by local codes. Tests shall be made in the presence of the engineer, local authorities or their duly authorized representative. Any defects discovered in testing shall be corrected and the tests repeated until all defects are eliminated. B. This contractor shall be held responsible for all damage resulting from defects in the system. C. Each individual feeder circuit shall be tested at the panel and in testing for insulation resistance to ground; the power equipment shall be connected for proper operation. In no case shall the insulation resistance to ground be less than that required by the National Electrical Code (NEC). 1.18 SCOPE OF WORK A. This contractor shall furnish all the labor and material necessary to install a complete electrical system for the park. The system shall include all items of work as outlined in these specifications and on the drawings. B. All work shall be performed by a well-qualified, licensed electrician with a thorough knowledge of the various systems involved in this building. It shall be this contractor's responsibility to see that his employees are familiar with all the various codes and tests applicable to this work. C. All equipment shall be new and of the type specified by the engineer unless otherwise noted in these specifications or on the drawings to remain and or be reused. D. The intent of the specifications and drawings is for complete installation of the systems outlined in the specifications and drawings so that at the conclusion of construction the system will be turned over to the owner complete and ready for safe and efficient operation. The specifications and drawings cannot deal individually with the many minute items that may be eventually required by the nature of the systems. E. This contractor is required to furnish and install all such items normally included on systems of this type, which, while not mentioned directly herein or on the drawings are obviously essential to the installation and operation of the system and which are normally furnished on quality installation of this type. F. This contractor, before proceeding with any work, shall review the architectural drawings. Any conflict between the electrical and architectural drawings shall be reported to the engineer for clarification. G. If there is a discrepancy between the drawings and the specifications or within either document, the more stringent requirement shall be estimated unless brought to the engineer's attention and an addendum is issued for clarification. H. The Electrical Contractor shall establish electrical utility elevations prior to fabrication and installation. The Electrical Contractor shall coordinate utility elevations with other trades. All elevations shall be coordinated with all trades in the field prior to installation. When a conflict between trades arises, the design team shall be notified immediately prior to further installation however priority shall be as follows: 1. Lighting Fixtures 2. Plumbing. 3. Conduits and wireway. 1.19 DAILY HOUSEKEEPING AND CLEANING A. At the end of each workday, the contractor shall remove all of his debris, rubbish, tools, and surplus materials from the project work area. The work area shall be broom cleaned and left in a neat and orderly condition. The contractor shall not use the owner's waste disposal facility for the removal of debris from the project. B. At end of construction, all equipment shall be cleaned and the premises left in first class condition as far as this contractor's work is concerned. 26 0050 BASIC ELECTRICAL REQUIREMENTS Page 4 of 5 Page 186 of 468 1.20 ELECTRICAL UTILITY COMPANY A. Any fees by the utility company are to be billed directly to the owner. B. The contractor is required to assist the owner in the preparation of all utility company rebate forms that deal with equipment furnished and/or installed as a part of this contractor. 1.21 TELECOMMUNICATIONS UTILITY COMPANY A. Any fees by the telecommunications utility company are to be billed directly to the owner. 1.22 TRENCHING AND BACKFILLING A. Each contractor is responsible for their own individual trenching and backfilling unless otherwise noted in the drawings or addendum. B. All underground utilities, telephone conduit, parking lot lighting, tunnels, etc shall be exactly located prior to digging. This contractor shall be held responsible for all damages caused by failure to do so. C. Any backfill shall be tamped and compacted to prevent future settling. The backfill shall be installed to a smooth and level grade and installed in accordance with local codes. D. All excess dirt shall be cleared from the area and disposed of as directed by the owner. 1.23 TEMPORARY POWER AND LIGHTING A. Temporary electrical power and lighting necessary for the construction process is the responsibility of the electrical contractor and shall be included in the base bid amount. 1.24 DIGITAL MEDIA AGREEMENT A. Computer Aided Drafting (CAD) documents may be available to the contractor for some uses. Contact the engineer prior to bidding to determine what information is available to be transmitted to the contractor in digital form. B. When documents are determined to be available, and as requested by the contractor, they will be transmitted upon the completion and execution of the MODUS digital media agreement. A service fee for each document transmitted will be assessed to the contractor. Documents will be transmitted upon payment receipt. Current service fee is $100.00 per CAD sheet. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION 26 0050 BASIC ELECTRICAL REQUIREMENTS Page 5 of 5 Page 187 of 468 SECTION 26 0051 PRE-BID SUBSTITUTION REQUEST FORM This document shall be submitted for all MODUS projects where a manufacturer's sales rep requests that additional products be considered where they are not currently listed on the lighting fixture schedule and/or specifications. Where "Engineer Approved Equal" is listed on the fixture schedule, the designer for the project was unable to find a product that matched the performance and/ or aesthetic criteria required. Product submittals shall include notations on any variances so that they are brought to the attention of the designer for consideration. All substitution requests shall be submitted to the electrical engineer (10) ten business days prior to the project bid date. The electrical engineer contact information can be found on the first page of the MEP cover sheet. If information is not available, please contact MODUS directly at (515) 251-7280 to identify the responsible party. Refer to the paragraphs below for product submittal requirements. However, only page 2 is to be completed and submitted with the required information. LIGHTING FIXTURE SUBSTITUTION REQUEST FOR CONSIDERATION: 1. Provide a summary, description, and any discrepancies of the lighting fixture(s) being submitted for consideration. - i.e. "submitting alternate fixtures for cove products", "submitting alternate LED troffer", etc. 2. Summarize any differences that you are aware of for each product: "has 3.5" aperture while 3" was specified", "fixture has slightly lower lumen package but better efficacy", "steel pole instead of aluminum", etc. 3. Provide a list of lighting fixtures being submitted on your company letterhead along with this form at the beginning of the submittal. The list shall include the TYPE, MANUFACTURER and MODEL NUMBER that is being submitted. 4. Submitter shall include a product page for each type(s) being submitted. The product page shall have all parts of the model number identified by highlighting or boxing in the specific components. If these items are not identified, we will not review the submittal request. 5. Submit IES files for all products submitted, re -named with the fixture type being submitted. Photopia or other software created files will not be accepted. ie: TYPE FA.ies LIGHTING CONTROLS SUBSTITUTION REQUEST FOR CONSIDERATION: 1 Provide a summary, description, and any discrepancies of the lighting control devices being submitted for consideration. ie - "submitting alternate control devices". 2. Please provide and review the sequence of operation located on our lighting drawings that outline the required control methods for each space. It is our expectation that the submitter completely understands the manufacturer's responsibility to make sure all parts and pieces are included is your submittal. 3. Provide manufacturer warranty and commissioning information. 4. Submitter shall include a product page for each type(s) being submitted. The product page shall have all parts of the model number identified by highlighting or boxing in the specific components. SUMMARY OF OTHER LIGHTING RELATED ITEMS BEING SUBMITTED: 1. This section is for battery packs, inverters or any other items that you would like us to consider where you believe that you have an equivalent product for us to consider. Again, please don't just include "generic" cutsheets — identify exactly what products you are submitting and if there are any differences that we should be aware of. 26 0051 PRE-BID SUBSTITUTION REQUEST FORM Page 1 of 2 Page 188 of 468 PROJECT NAME: PROJECT LOCATION: DATE SUBMITTED: BID DATE: ELECTRICAL ENGINEER: FIXTURE SCHEDULE SHEET: LIGHTING FIXTURE SUBSTITUTION REQUEST FOR CONSIDERATION: Note that if a fixture is approved in our addendum, light fixtures will be approved only with the TYPE and MANUFACTURER listed. It shall be the responsibility of the submitter to verify that all information contained within the submittals after bids are awarded matches the dimensions, lumen outputs, voltages, dimming types, warranties, etc. LIGHTING CONTROLS SUBSTITUTION REQUEST FOR CONSIDERATION: SUMMARY OF OTHER LIGHTING RELATED ITEMS BEING SUBMITTED: END OF SECTION 26 0051 PRE-BID SUBSTITUTION REQUEST FORM Page 2of2 Page 189 of 468 SECTION 26 0080 ELECTRICAL SCHEDULE OF VALUES PART 1 GENERAL 1.01 FORM COMPLETION A. The successful Electrical Contractor shall complete this form in its entirety within 30 days of receipt of signed contract from the General Contractor, and submit directly to MODUS. B. This information is confidential and will not be disclosed to any individual outside of MODUS. Data collected will be used in evaluating pay applications. 1.02 OVERALL CONTRACT Base Electrical Bid $ Add or deduct accepted alternates, negotiated changes, or other modifications to the contract $ Total Electrical Bid $ 1.03 SCHEDULE OF VALUES PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED Utility Service Entrance - Material and Labor $ Electrical Distribution - Material and Labor $ Electrical Distrubution Installation - Material and Labor $ Exterior Lighting - Material and Labor $ Wiring Devices - Material and Labor $ Lighting Control Devices - Material and Labor $ Total Electrical Bid (Sum of Schedule of Values) $ END OF SECTION 26 0080 ELECTRICAL SCHEDULE OF VALUES Page 1 of 1 Page 190 of 468 SECTION 26 0090 MINOR ELECTRICAL DEMOLITION FOR REMODELING PART 1 GENERAL 1.01 SECTION INCLUDES A. The requirements of the Contract Forms, the Conditions of the Contract, Division 1 - General Requirements and Specification Section 26 0050 - Basic Electrical Requirements "General Provisions" apply to this section. 1.02 SCOPE A. This contractor shall be responsible for the demolition and removal of all existing electrical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be relocated". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. B. Preserve services to the existing facility. Extend, reroute, and reconnect existing systems as required providing for the continued function of these systems. C. Demolition shall be accomplished by the proper tools and equipment for the work to be removed. Personnel shall be experienced and qualified in the type of work to be performed. D. This electrical contractor shall remove all abandoned equipment, conduit, supports, equipment curbs and bases associated with the remodeled area unless noted otherwise. E. This contractor is responsible to provide temporary electrical protection during this project. 1.03 MATERIALS A. All elements to be removed are subject to the Owner's Right of Salvage. B. All materials removed shall be the property of the removing contractor and shall be removed from the site by him, unless otherwise specified. C. The owner may designate and have salvage rights to any material herein demolished by this contractor. It will be the owner's responsibility to designate such salvageable items and remove them prior to the contractor working in that area. 1.04 WORK BY OTHERS A. Unless specifically noted under other contracts, the electrical contractor shall assume he will perform all required work. In general, the following will be performed by others: 1. The mechanical contractor shall be responsible for the cutting and capping of all existing gas, water, sewer, and any other utility service. 1.05 EXISTING CONDITIONS A. If any existing fixtures or devices that are to remain are disturbed by operations under this contract, the contractor is required to re-establish continuity of such systems. B. The electrical contractor shall arrange for the general contractor to repair and patch all construction with material necessary to match surrounding due to removal of equipment and conduit. C. The electrical contractor shall furnish all required labor and material, where required, to extend new work to connect to similar work for extension of existing systems. D. Demolition plans are based on casual field observations and existing record documents. Report discrepancies to the owner before disturbing existing installation. Beginning of demolition means installer accepts existing conditions. E. This Contractor is responsible for all costs incurred in repair, relocations, or replacement of any cables, conduits, or other services if damaged without proper investigation. 26 0090 MINOR ELECTRICAL DEMOLITION FOR REMODELING Page 1 of 2 Page 191 of 468 PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.01 EXAMINATION A. Verify field -circuiting arrangements and reconnect as necessary. B. Verify that abandoned wiring and equipment serve only abandoned facilities. Reconnect circuits, as required, to prevent de -energizing of remaining receptacles and lights. C. Demolition drawings are based on casual field observation and existing record documents. Report discrepancies to the owner before disturbing existing installation. D. Beginning of demolition means installer accepts existing conditions. E. Review existing panels to remain in the area of construction. Notify the design team of any damaged circuit breakers or missing closure plates. F. Review existing lighting to remain in the area of construction. Notify the design team of any non-functional lamps, ballasts, or electrical parts. 3.02 PREPARATION A. Disconnect electrical systems scheduled for removal. Disconnect circuits at the source. B. Coordinate utility service outage with local utility company. C. Provide temporary wiring and connections to maintain existing systems in service during construction. When work must be performed on energized equipment or circuits use personnel experienced in such operations. This shall include 600 volt or less systems and low voltage signal circuits. 3.03 DEMOLITION AND EXTENSION OF EXISTING ELECTRICAL WORK A. B. C. D. E. F. G. H. Demolish and extend existing electrical work under provisions of this section. Remove, relocate, and extend existing installations to accommodate new construction. Remove abandoned wiring to source of supply. Remove exposed abandoned conduit. Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. Disconnect and remove abandoned panelboards and distribution equipment. Disconnect and remove electrical devices and equipment serving utilization removed equipment. Disconnect and remove abandoned luminaires, brackets, stems, hangers, and other accessories. This contractor shall include in his bid, associated fees for disposal of ballasts and lamps. I. Repair adjacent construction and finishes damaged during demolition and extension work. J. Extend existing installation using materials and methods compatible with existing electrical installations or as specified. K. The electrical contractor is responsible for removal of lamps and ballast from existing fixtures to be demolished. The electrical contractor is to properly dispose of these items in accordance with codes for hazardous materials. 3.04 INSTALLATION A. Install relocated materials and equipment. END OF SECTION 26 0090 MINOR ELECTRICAL DEMOLITION FOR REMODELING Page 2of2 Page 192 of 468 SECTION 26 0519 ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 GENERAL 1.01 SECTION INCLUDES A. Building wire B. Wiring connectors. 1.02 RELATED SECTIONS A. Specification Section 26 0553 - Identification for Electrical Systems B. Specification Section 26 2416 - Panelboards 1.03 REFERENCES A. NECA Standard of Installation (National Electrical Contractors Association). B. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems (International Electrical Testing Association). C. NFPA 70 - National Electrical Code. D. Product Data: Provide for each cable assembly type. E. Test Reports: Indicate procedures and values obtained. F. Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. 1.04 SUBMITTALS A. Project Record Documents: Record actual locations of components and circuits. B. Project Record Documents: Provide documentation of the manufacturer's recommended lug torque value for aluminum conductors, the date the lugs were torqued, and installed torque readings. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories Inc., as suitable for the purpose specified and indicated. 1.07 PROJECT CONDITIONS A. Verify that field measurements are as indicated. B. Wire and cable routing indicated is approximate unless dimensioned. Include wire and cable lengths within 10 foot of length shown. 1.08 COORDINATION A. Where wire and cable destination is indicated and routing is not shown, determine exact routing and lengths required. PART 2 PRODUCTS 2.01 BUILDING WIRE A. Manufacturers: 1. Okanite 2. Bell/Hubbell #BICC 3. American Insulated Wire 4. General Cable 5. Southwire 26 0519 ELECTRICAL POWER CONDUCTORS AND CABLES Page 1 of 3 Page 193 of 468 6. United Copper Industries 7. Engineer approved equal. B. Description: Insulated conductor wire. 1. All wire shall be stranded. 2. Provide solid wire pigtails at all wiring devices and lighting control devices. C. Conductor: 1. Copper D. Insulation Voltage Rating: 600 volts. E. Insulation: NFPA 70, type #THHN/THWN-2. All cable installation procedures or sizing shall be based on 75 deg C temperature rating. 2.02 WIRING CONNECTORS A. Split Bolt Connectors: 1. Burndy 2. Engineer approved equal. B. Spring Wire Connectors: 1. Thomas & Betts 2. Engineer approved equal. C. Compression Connectors: 1. Burndy 2. Thomas & Betts 3. Engineer approved equal. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that interior of building has been protected from weather. B. Verify that mechanical work likely to damage wire and cable has been completed. C. Verify that raceway installation is complete and supported. 3.02 PREPARATION A. Completely and thoroughly swab raceway over two inch (2") in size or buried below grade before installing wire. 3.03 WIRING METHODS A. Exterior Locations: Use only building wire, type #THHN/THWN-2 insulation, in raceway. Use liquid -tight wiring methods. Use liquid -tight connections. B. Underground Installations: Use only building wire, type #THHN/THWN-2 insulation, in raceway. Use liquid -tight wiring methods. C. Use wiring methods indicated. 3.04 INSTALLATION A. Route wire and cable as required meeting project conditions. B. Install cable in accordance with the NECA "Standard of Installation." C. Use conductors not smaller than 12 AWG for power and lighting circuits. D. Use #10 AWG conductors for 20 ampere, 120 volt branch circuits longer than 75 feet. E. Use #10 AWG conductors for 20 ampere, 208/240 volt branch circuits longer than 200 feet. F. It shall be the responsibility of the electrical contractor to verify all voltage drop and size all wire accordingly. G. Pull all conductors into raceway at same time. H. Use suitable wire pulling lubricant for building wire #4 AWG and larger. 26 0519 ELECTRICAL POWER CONDUCTORS AND CABLES Page 2 of 3 Page 194 of 468 I. Protect exposed cable from damage. J. Use suitable cable fittings and connectors. K. Neatly train and lace wiring inside boxes, equipment and panel boards. L. Clean conductor surfaces before installing lugs and connectors. M. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. N. Use suitable reducing connectors or mechanical connector adaptors for connecting aluminum conductors to copper conductors. O. Use split bolt connectors for copper conductor splices and taps, #6 AWG and larger. Tape non -insulated conductors and connector with electrical tape to 150% of insulation rating of conductor. P. Use solderless pressure connectors with insulating covers for copper conductor splices and taps, #8 AWG and smaller. Q. Identify and color code wire and cable under provisions of Specification Section 26 0553 - Identification for Electrical Systems. Identify each conductor with its circuit number or other designation indicated. R. Do not install multi -wire branch circuits. No sharing of neutral shall be permitted. S. Install all conductors and make final connections in accordance with all manufacturer's recommendations. 3.05 FIELD QUALITY CONTROL A. Perform field inspection and testing. B. Inspect wire and cable for physical damage and proper connection. C. Measure tightness of bolted connections and compare torque measurements with manufacturer's recommended values. D. Verify continuity of each branch circuit conductor. END OF SECTION 26 0519 ELECTRICAL POWER CONDUCTORS AND CABLES Page 3 of 3 Page 195 of 468 SECTION 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Rod electrode and conductors. B. Mechanical connectors. C. Wire. D. Grounding well components. E. Ground enhancement material. 1.02 SUBMITTALS A. Product data and manufacturer's installation instructions for non-approved manufacturers shall be submitted for review prior to the bid date. B. Submittals shall include: 1. Dimensional drawing for each planned device. 2. Exothermic Connection Certification for installers. 1.03 SUMMARY A. Provide all labor, materials, and equipment necessary to properly install a grounding system conductor in all new branch wiring and feeder installations, which shall be in full compliance with all applicable codes as accepted by the authorities having jurisdiction. The secondary distribution system shall include a grounding conductor in all raceways in addition to the return path of the metallic conduit. B. In general, all electrical equipment (metallic conduit, motor frames, panelboards, etc.) shall be bonded together with a green insulated or bare copper system grounding conductor in accordance with specific rules of Article 250 of the NEC and local codes. The bonding conductor through the raceway system shall be continuous from main switch ground bus to panel ground bar of each panelboard, and from panel grounding bar of each panelboard to branch circuit equipment and devices. C. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. The grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. All grounding conductors that run with feeders in PVC conduit outside of building shall be bare only. D. Provide and install all grounding and bonding as required by the National Electrical Code (NEC) including but not limited to Article 800 of the NEC. 1.04 REFERENCES A. ANSI/NFPA 70 - National Electrical Code. B. IEEE 837-2014: Standard for Qualifying Permanent Connections Used in Substation Grounding. C. IEEE Emerald Book D. IEEE Green Book 1.05 PROJECT RECORD DOCUMENTS A. Submit record documents to accurately record actual locations of grounding electrodes. B. Submit test results of each ground rod. 1.06 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS Page 1 of 5 Page 196 of 468 PART 2 PRODUCTS 2.01 ROD ELECTRODE AND CONDUCTORS A. Material: Copper -clad steel. B. Diameter: 5/8 inch. C. Length: 10 feet (min). Increase number and/or lengths of ground rod electrodes as required to meet and achieve specified resistance. D. Maintain separation of not less than eight foot (8') and not more than 20 feet between ground rod electrodes. 2.02 MECHANICAL CONNECTORS A. All grounding connectors shall be in accordance with UL 467 and UL listed for use with rods, conductors, reinforcing bars, etc., as appropriate. B. Connectors and devices used in the grounding systems shall be fabricated of copper or bronze materials, and properly applied for their intended use. All connectors and devices shall be compatible with the surfaces being bonded and shall not cause galvanic corrosion by dissimilar metals. C. Lugs: Substantial construction, of cast copper or bronze with "ground" (micro -flat) surfaces, twin clamp, and two -hole tongue equal to Burndy QQA Series. D. Grounding and Bonding Bushings: Malleable iron. 1. Manufacturers: a. Thomas & Betts b. Engineer approved equal. E. Piping Clamps: Burndy GAR -TC Series with a two -hole compression terminal. F. Grounding Screw and Pigtail: Raco #983. G. Building Structural Steel: Thompson #701 Series heavy duty bronze "C" clamp with two -bolt vise -grip cable clamp or equal. H. Mechanical lugs or wire terminals shall be used to bond ground wires together or to junction boxes and panel cabinets. 2.03 WIRE A. Material: Stranded copper. B. Size to meet NFPA 70 requirements as a minimum. Increase size if called for on drawings or in these specifications. C. Insulated THWN (or bare as noted elsewhere). 2.04 GROUNDING WELL COMPONENTS A. Well: 12"x12"x12" Eritech inspection well, Quazite box, or engineer approved equal. B. Well Cover: Bolt attachment, skid resistant with "GROUND" embossed on cover, suitable for designated traffic rating. Verify with engineer. C. Material: Polymer concrete with a minimum 10,000Ib. load rating. D. Increase depth or size as required to provide proper access at installed location. 2.05 GROUNDING ENHANCEMENT MATERIAL A. Erico #GEM25A or engineer approved equal. B. Product shall meet IEC 62561-7. PART 3 EXECUTION 3.01 GENERAL A. Install products in accordance with manufacturer's instructions. 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS Page 2 of 5 Page 197 of 468 B. Install grounding electrodes conductor, bonding conductors, ground rods, etc. with all required accessories. C. Grounding shall meet (or exceed as required to meet these specifications) all the requirements of the N.E.C., the NFPA, and applicable standards of IEEE. D. Where there is a conflict between these specifications and the above applicable codes/standards or between this section of these specifications and other sections, then the most stringent or excessive requirement shall govern. Where there is an omission of a code/standard requirement in these specifications then the current code/standard requirements shall comply. E. Requirement in these specifications to comply with a specific code/standard article, etc. is not to be construed as deleting of requirements of other applicable codes/standards and their articles, etc. 3.02 GROUNDING ELECTRODES A. All connections shall be exothermic welded unless otherwise noted herein. All connections above grade and in accessible locations may be by exothermic clamping with devices UL listed as suitable for use except in locations where exothermic welding is specifically specified in these specifications or called for on drawings. B. Each rod shall be die stamped with identification of manufacturer and rod length. C. Install rod electrodes at locations indicated and/or as called for in these specifications. D. Ground Resistance: 1. Main Electrical Service Locations: a. Grounding resistance measured at each main service electrode system shall not exceed 5 ohms. b. Other Locations: 1) Resistance to ground of all non-current carrying metal parts shall not exceed 5 ohms measured at motors, panels, busses, cabinets, equipment racks, light poles, transformers, and other equipment. 2) Resistance called for above shall be maximum resistance of each ground electrode prior to connection to grounding electrode conductor. Where ground electrode system being measured consists of two or more ground rod electrodes then the resistance specified above shall be the maximum resistance with two or more rods connected together but not connected to the grounding electrode conductor. E. Install additional rod electrodes as required to achieve specified resistance to ground (specified ground resistance is for each ground rod location prior to connection to ground electrode conductor). 1. Provide grounding well with cover at each rod location. Install grounding well top flush with finished grade. 2. Verify that final backfill and compaction has been completed before driving rod electrodes. 3. Install ground rods not less than one foot (1') below grade level and not less than two feet (2') from structure foundation. 3.03 GROUNDING ELECTRODE CONDUCTOR A. Conductor shall be sized to meet or exceed the requirements of NEC 250 to meet these specifications and/or drawings. 3.04 GROUNDING CONDUCTORS A. Grounding conductors shall be provided with every circuit to meet (or exceed as required to meet these specifications and/or drawings) the requirements of NEC 250. B. At every voltage level, new portions of the electrical power distribution system shall be grounded with a dedicated copper conductor, which extends from termination back to power source in supply panelboard. 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS Page 3 of 5 Page 198 of 468 C. Provide separate, insulated (bare if with feeder in PVC conduit outside of building) conductor within each feeder and branch circuit raceway. Terminate each end on suitable lug. D. Except as otherwise indicated, each feeder raceway on the load side of the service entrance shall contain a ground conductor sized as indicated and where not shown shall be sized to meet (or exceed as required) these specifications and/or drawings the requirements of NEC 250. The conductor shall be connected to the equipment grounding bus in switchboards and panelboards, to the grounding bus in all motor control centers, and as specified to lighting fixtures, motors, and other types of equipment and outlets. The ground shall be in addition to the metallic raceway and shall be properly connected thereto, using a lug device located within each item enclosure at the point of electric power connections to permit convenient inspection. E. Provide green insulated ground wire for all receptacles and for equipment of all voltages. In addition to grounding strap connection to metallic outlet boxes, a supplemental grounding wire and screw equal to Raco No. 983 shall be provided to connect receptacle ground terminal to the box. 3.05 MAIN ELECTRICAL SERVICE A. Complete installation shall meet and exceed the requirements of the NEC 250. B. Artificial electrodes shall be provided for the main service in sufficient number and configuration to secure resistance specified. C. Bond To All Of The Following When Available On Site: 1. Ground Rods. 2. Metal Water Pipe 3. All Piping. 4. Provide a main ground, bare copper conductor, sized per applicable table in NEC 250, but in no case less than #210, shall be run in conduit from the main switchgear of each building to the building steel in each respective building. Reference NEC 250.104 (c). This ground conductor shall also be run individually from the main switchgear and be bonded to the main water service ahead of any union in pipe and must be metal pipe of length as acceptable by authorities having jurisdiction. Provide properly sized bonding shunt around water meter and/or dielectric unions in the water pipe. D. Ground/bond neutral per NEC 250. E. Provide and install ground bus bar on wall near main service disconnect/switchboard. Connect to ground bar in disconnect/switchboard bonded to switchboard/disconnect enclosure/neutral with copper grounding conductor sized per applicable table in NEC 250. 3.06 LIGHT FIXTURES A. All new and removed/reinstalled fixtures in building interior, and exterior fixtures shall be provided with green grounding conductor, solidly connected to unit. Individual fixture grounds shall be with lug to fixture body, generally located at point of electrical connection to the fixture unit. B. Pole Light Fixtures: 1. Metal Pole Light Fixtures: a. Freestanding pole mounted lighting fixtures shall each have a Class I or Class II lightning protection main copper down conductor connected to grounding electrodes at base of pole. b. Conductor shall be bonded to metal pole via UL Listed ground clamp suitable for use. Locate ground lug opposite to hand hole (or adjacent if visible through hand hole). 2. Grounding Electrodes: a. Two or more ten foot (10') ground rods at no Tess than ten foot (10') spacing shall be driven vertically to a minimum depth of ten foot' plus one foot below grade. b. Bond the two or more ground rod electrodes together with a Class I or Class 11 lightning protection main copper conductor. c. Provide additional rod electrodes as required to achieve specified ground resistance. d. The two or more grounding rod electrodes shall be installed at each Tight pole. 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS Page 4 of 5 Page 199 of 468 C. Installation shall exceed minimum requirements of NFPA 780. 3.07 MISCELLANEOUS GROUNDING CONNECTIONS A. Provide bonding to meet regulatory requirements. B. Grounding conductors shall be so installed as to permit shortest and most direct path from equipment to ground; be installed in conduit; be bonded to conduit at both ends when conduit is metal; have connections accessible for inspection; and made with accepted solderless connectors brazed or bolted to the equipment or to be grounded; in NO case be a current carrying conductor; have a green jacket unless it is bare copper; be run in conduit with power and branch circuit conductors. The main grounding electrode conductor shall be exothermically welded to ground rods, water pipe, and building steel. C. All surfaces to which grounding connections are made shall be thoroughly cleaned to maximum conductive condition immediately before connections are made thereto. Metal rust proofing shall be removed at grounding contact surfaces, for 0 ohms by digital Vm. Exposed bare metal at the termination point shall be painted. D. All ground connections that are buried or in otherwise inaccessible locations, shall be welded exothermically. The weld shall provide a connection which shall not corrode or loosen and which shall be equal or larger in size than the conductors joined together. The connection shall have the same current carrying capacity as the largest conductor. E. Each feeder metallic conduit shall be bonded at all discontinuities, including at switchboards and all sub distribution and branch circuit panels with conductors in accordance with applicable table in NEC 250 for parallel return with respective interior grounding conductor. F. Grounding provisions shall include double locknuts on all heavy wall conduits. G. Bond all metal parts of pole light fixtures to ground rod at base. H. Where reinforced concrete is utilized for building grounding system, proper reinforced bonding shall be provided to secure low resistance to earth with "thermite" type devices, and #10AWG wire ties shall be provided to not less than ten full length rebars that contact the connected rebar. 3.08 TESTING AND REPORTS A. Raceway Continuity: Metallic raceway system as a component of the facilities ground system shall be tested for electrical continuity. Resistance to ground throughout the system shall not exceed specified limits. B. Ground resistance measurements shall be made on each system utilized in the project. The ground resistance measurements shall include building structural steel, driven grounding system, water pipe grounding system and other accepted systems as may be applicable. Ground resistance measurements shall be made in normally dry weather, not less than 24 hours after rainfall, and with the ground under test isolated from other grounds and equipment. Resistances measured shall not exceed specified limits. C. Upon completion of testing, the testing conditions and results shall be certified by the electrical contractor and submitted to the engineer. 3.09 INTERFACE WITH OTHER PRODUCTS A. Interface with communications system installed under other specification sections. 3.10 FIELD QUALITY CONTROL A. Inspect grounding and bonding system conductors and connections for tightness and proper installation. B. Use suitable test instrument with current certificate of calibration to measure resistance to ground of system. Perform testing in accordance with test instrument manufacturer's recommendations using the fall -of -potential method or signal injection method. END OF SECTION 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS Page 5 of 5 Page 200 of 468 SECTION 26 0529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Product requirements. B. Formed steel channel. C. Outdoor housekeeping pads. 1.02 REFERENCES A. NECA Standard of Installation (National Electrical Contractors Association). B. NFPA 70 - National Electrical Code. 1.03 SUBMITTALS A. Product Data: Provide manufacturers catalog data for fastening systems. B. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of products. 1.04 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 PRODUCT REQUIREMENTS A. Materials and Finishes: 1. Corrosion resistant. 2. Select materials, sizes, and types of anchors, fasteners and supports to carry the loads of equipment and conduit, including weight of wire in conduit. B. Anchors and Fasteners: 1. Concrete Structural Elements: Use expansion anchors and preset inserts. 2. Steel Structural Elements: Use beam clamps and welded fasteners. 3. Concrete Surfaces: Use self -drilling anchors and expansion anchors. 4. Sheet Metal: Use sheet metal screws. 2.02 FORMED STEEL CHANNEL A. Manufacturers: 1. Globe Strut 2. Uni-Strut 3. Kindorf 4. Power -Strut 5. Engineer approved equal. B. Description: Galvanized steel. 2.03 OUTDOOR HOUSEKEEPING PADS A. This contractor shall provide and install concrete pads under all electrical equipment installed outdoors. The pads shall be as detailed on the drawings unless indicated otherwise. The pad dimensions shall be detailed on the drawings unless indicated otherwise. PART 3 EXECUTION 3.01 INSTALLATION A. Install products in accordance with manufacturer's instructions and utility company regulations where applicable. 26 0529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS Page 1 of 2 Page 201 of 468 B. Provide anchors, fasteners and supports in accordance with NECA "Standard of Installation". 1. Do not fasten supports to conduit. 2. Do not use spring steel clips and clamps. 3. Do not use powder -actuated anchors. 4. Do not drill or cut structural members. C. Fabricate supports from structural steel or formed steel members or steel channel. Rigidly weld members or use hexagon -head bolts to present neat appearance with adequate strength and rigidity. Use spring lock washers under all nuts. D. Reinforce outdoor concrete pads with 1/2 inch steel reinforcing bars on 12 inch centers or as shown on the drawings. END OF SECTION 26 0529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS Page 2of2 Page 202 of 468 SECTION 26 0533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Conduit requirements. B. Conduit types. C. Box types. D. Fiber optic conduit. 1.02 REFERENCES A. ANSI C80.1 - Rigid Steel Conduit, Zinc Coated. B. ANSI C80.3 - Electrical Metallic Tubing, Zinc Coated. C. ANSI C80.5 - Rigid Aluminum Conduit. D. ANSI/NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit and Cable Assemblies. E. ANSI/NFPA 70 - National Electrical Code. F. NEMA 250 - Enclosures for Electric Equipment. G. NEMA WD 6 - Wiring Device Configurations. H. NEMA RN 1 - Polyvinyl Chloride (PVC) Externally Coated Galvanized Rigid Steel Conduit and Intermediate Metal Conduit. I. NECA (National Electrical Contractor's Association) Standard of Installation. J. NEMA WD 6 - Wiring Device Configurations. K. TIA-569-B - Commercial Building Standard for Telecommunications Pathways and Spaces. L. NEMA OS 2 — Nonmetallic Outlet Boxes, Device Boxes, Covers, and Box Supports; National Electrical Manufacturers Association; 2013 (ANSI/NEMA 0S2). M. UL 514C- Nonmetallic Outlet Boxes, Flush -Device Boxes, and Covers; Current Edition, Including All Revisions. 1.03 PROJECT RECORD DOCUMENTS A. Accurately record actual routing of conduits larger than two inches. B. Record actual locations and mounting heights of outlet, pull, and junction boxes on project record documents. 1.04 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.05 SUBMITTALS A. Product Data: Provide dimensions, knockout sizes and locations, materials, fabrication details, finishes, and accessories. B. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of product. 1.06 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years experience. 26 0533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Page 1 of 5 Page 203 of 468 1.07 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, protect, and handle products to the site. B. Accept products on site. Inspect for damage. C. Protect products from corrosion and entrance of debris by storing above grade. Provide appropriate covering. 1.08 PROJECT CONDITIONS A. Verify that field measurements are as shown on the drawings. B. Verify routing and termination locations of conduit prior to rough in. C. Conduit routing is shown on the drawings in approximate locations unless dimensioned. Route as required completing the wiring system. PART 2 PRODUCTS 2.01 CONDUIT REQUIREMENTS A. Minimum Size: 3/4 inch for power wiring and 1 inch for low voltage wiring unless noted otherwise. B. Size conduit per ANSI/NFPA 70. C. Underground Installations: 1. Within Five Feet (5') from Foundation Wall Including Below Building Slab: Use rigid steel conduit or schedule 80 PVC conduit. 2. More Than Five Feet (5') from Foundation Wall: Use rigid steel conduit or schedule 80 PVC conduit. 3. Where PVC conduit is utilized below slab, provide transition from PVC to rigid steel prior to elbow up and then as continuous rigid conduit through slab. No PVC conduits shall penetrate vertically through concrete slab. 4. Minimum Size: One inch. 5. Provide warning tape. D. Above Grade Outdoor Locations: Use rigid steel and aluminum conduit. Aluminum conduit shall not contact concrete mortar or block. E. Above Grade In or Under Slab: 1. Use rigid steel conduit or schedule 80 PVC conduit. 2. Maximum Size Conduit in Slab: Total of 50% of pour depth. 3. Minimum Size: One inch. 4. Where PVC conduit is utilized below slab, provide transition from PVC to rigid steel prior to elbow up and then as continuous rigid conduit through slab. No PVC conduits shall penetrate vertically through concrete slab. Unless PVC conduit is stalled below bottom -fed ground mounted equipment. PVC conduits may penetrate the slab as long as a box -out is provided in the slab to allow for conduit to pass through. Backfill box -out with pea gravel once conduits have been installed. F. Wet and Damp Locations: 1. Use rigid steel conduit and intermediate metal conduit. G. Dry Locations: 1. Exposed: Use rigid steel conduit, intermediate metal conduit or electrical metallic tubing. 2.02 CONDUIT TYPES A. Metal Conduit: 1. Rigid Steel Conduit: ANSI C80.1 2. Rigid Aluminum Conduit: ANSI C80.5 3. Intermediate Metal Conduit (IMC): Rigid steel 4. Fittings and Conduit Bodies: ANSI/NEMA FB 1; material to match conduit. B. Liquidtight Flexible Metal Conduit: 26 0533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Page 2 of 5 Page 204 of 468 1. Description: Interlocked steel construction with PVC jacket. 2. Fittings: ANSI/NEMA FB 1. C. Electrical Polyvinyl Chloride (PVC): 1. Description: Synthetic Thermoplastic 2. Fittings: NEMA TC3/UL 651 3. Joints: ASTM D2855 solvent weld with ASTM D2564 solvent cement. D. Electrical Metallic Tubing (EMT): 1. Description: ANSI C80.3; galvanized tubing. 2. Fittings and Conduit Bodies: ANSI/NEMA FB 1; steel compression type with steel lock nut, and ring or steel setscrew fittings. Install compression type fittings in all wet and damp areas. 3. Fittings and Conduit Bodies: ANSI/NEMA FB 1; steel compression type with steel lock nut, and ring. Steel setscrew fittings are NOT permitted. E. Fittings and Conduit Bodies: 1. NEMA TC 3 2. Install offsets at surface boxes. 3. Install single hole strap connectors on all exposed conduit one inch (1") and smaller. 2.03 BOX TYPES A. General Requirements: 1. Do not use boxes and associated accessories for applications other than as permitted by NFPA 70 and product listing. 2. Provide all boxes, fittings, supports, and accessories required for a complete raceway system and to accommodate devices and equipment to be installed. B. Cast Boxes: NEMA FB 1, type #FD, cast alloy. Provide gasket cover by box manufacturer. C. Junction Boxes: 1. Sheet Metal Boxes: NEMA OS 1 galvanized steel. 2. Fiberglass Hand Holes: a. Die molded fiberglass hand holes. b. Cable Entrance: Precut 6" x 6" cable entrance at center bottom of each side. c. Cover: Fiberglass weatherproof cover with nonskid finish and light traffic rating. 2.04 FIBER OPTIC CONDUIT A. Fiber optics conduit shall be high-density polyethylene (HDPE) with minimum wall thickness of 0.07 inch and shall consist of a shell or sleeve tube, over -sheathing at least 4 inner tubes. Inner tubes shall be rated for direct burial and shall have a minimum OD/ID of 16/13 mm. Inner tubes shall be ridged longitudinally inside and shall have a smooth surface outside. The inside surface of the inner tubes shall have a low friction permanent lining to reduce friction during cable placement. The conduit shall come with preinstalled sleeved copper tracer wire of minimum size AWG#20. The whole outer tube and inner tubes package shall be rated for direct bury and shall be suitable for boring under existing pavement. B. Conduits shall be laid at a distance of at least 6 inches or as specified elsewhere in contract documents, whichever is greater, from any water line and other utility lines. C. A polyethylene pull rope shall be installed in all conduits, which is identified on the plans for future use. At least 4 feet of pull rope shall be doubled back into the conduit at each termination. D. All unused conduits, whether for future use or for later use in the project, shall be capped. E. Fiber optic conduit shall be installed at least 42 inches below grade. F. The backfill materials from the placement of conduit in open trenches shall be deposited in the trench in layers not to exceed 6 inches in depth and each layer shall be thoroughly compacted before the next layer is placed. All cinders, broken concrete, or other hard abrasive materials shall be moved and shall not be used in the backfill material. 26 0533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Page 3 of 5 Page 205 of 468 PART 3 EXECUTION 3.01 CONDUIT INSTALLATION A. Install conduit in accordance with NECA "Standard of Installation." B. Arrange supports to prevent misalignment during wiring installation. C. Do not support conduit with perforated pipe straps. Remove wire used for temporary supports. D. Route the conduit in and under slab from point-to-point. E. Do not cross conduits in slab. F. Maintain adequate clearance between conduit and piping. G. Maintain 12 inch clearance between conduit and surfaces with temperatures exceeding 104 degree F. H. Cut conduit square using saw or pipe cutter; de -burr cut ends. I. Bring conduit to shoulder of fittings; fasten securely. J. Use conduit hubs to fasten conduit to cast boxes. K. Install no more than the equivalent of three 90 -degree bends between boxes. Use conduit bodies to make sharp changes in direction (as around beams). Use hydraulic one-shot bender to fabricate bends in metal conduit larger than two inch (2") size. All conduit shall be held right to structure. L. Avoid moisture traps; provide junction box with drain fitting at low points in conduit system. M. Provide suitable fittings to accommodate expansion and deflection where conduit crosses control and expansion joints. N. Provide suitable pull string in each empty conduit except sleeves and nipples. O. Use suitable caps to protect installed conduit against entrance of dirt and moisture. P. Ground and bond all conduits. Q. Identify conduit. R. Use flexible and liquidtight conduits where required by NEC. S. Install insulated bushings on all conduits and sleeves serving low voltage wiring prior to pulling wire unless otherwise noted. T. All low voltage conduits shall be sized to have less than 40% fill. Each penetration through a surface of any kind shall have a conduit sleeve with insulated bushings. U. Conduits which enter communications entrance facilities shall extend 4 inches above the finished floor or 3 inches through the wall. V. Minimum bend radius for communications conduits: 1. For conduits 2" or less, maintain a minimum bend radius of (6) times the actual inside diameter of the conduit. 2. For conduits greater than 2", maintain a minimum bend radius of (10) times the actual inside diameter of the conduit. W. No continuous section of conduit may exceed 100 feet. Utilize pull boxes as necessary. Refer to the pull box execution section for more information. X. No continuous section of conduit may include more than (2) 90 degree bends (or equivalent). 1. An offset is considered a 90 degree bend. 2. A pull box is required wherever a reverse (180 degree) bend is installed. Y. All wiring in the same conduit shall be from the same source and have the same voltage except where approved by the owner. Z. All exposed conduit routing in common and public areas shall be coordinated prior to rough -in at an on-site construction meeting between the design team and contractor. 26 0533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Page 4 of 5 Page 206 of 468 3.02 BOX INSTALLATION A. Install boxes in accordance with NECA "Standard of Installation." B. Install electrical boxes in locations as shown on the drawings and as required for splices, taps, wire pulling, equipment connections and compliance with regulatory requirements. C. Electrical boxes are shown on the drawings in approximate locations unless dimensioned. D. Orient boxes to accommodate wiring device orientation. E. Present neat mechanical appearance. F. Locate outlet boxes to allow luminaires positioned as shown on the drawings. G. Support boxes independently of conduit. H. Use gang box where more than one device is mounted together. Do not use sectional box. I. Use cast outlet box in exterior locations exposed to the weather and wet locations. 3.03 ADJUSTING A. Install knockout closures in unused box openings. 3.04 CLEANING A. Clean interior of boxes to remove dust, debris, and other material. B. Clean exposed surfaces and restore finish. END OF SECTION 26 0533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS Page 5 of 5 Page 207 of 468 SECTION 26 0553 IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Nameplates and labels. B. Underground warning tape. C. Tracer wires. D. Identification. 1.02 REFERENCES A. NFPA 70 - National Electrical Code. B. NFPA 70E - Standard for Electrical Safety in the Workplace. 1.03 SUBMITTALS A. Product Data: Provide catalog data for nameplates, labels and markers. B. Samples: Submit two nameplates 4" x 4" in size illustrating materials and engraving quality. C. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of product. 1.04 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 NAMEPLATES AND LABELS A. Nameplates: 1. Normal power: Engraved three -layer laminated plastic white letters on black background. B. Locations: 1. All electrical distribution and control equipment enclosure. a. Switchboards and Panelboards: Line 1 shall state "Panel Name"; Line 2 shall state "Fed by Panel Name" as required by NEC section 408.4(B). C. Letter Size: 1. Use 1/8 inch letters for identifying individual equipment and loads. 2. Use 1/4 inch letters for identifying grouped equipment and loads. D. Labels: Embossed adhesive tape with 3/16 inch white letters on black background. Use only for identification of individual wall switches and receptacles, control device stations, and communication outlets. 2.02 UNDERGROUND WARNING TAPE A. Manufacturers: 1. Seaton 2. Engineer approved equal. B. Description: Plastic four inch (4") wide tape, detectable type, colored RED with suitable warning legend describing buried electrical lines and inscribed "CAUTION - ELECTRIC LINE BURIED BELOW". C. Location: Along length of each underground conduit. 26 0553 IDENTIFICATION FOR ELECTRICAL SYSTEMS Page 1 of 2 Page 208 of 468 2.03 TRACER WIRES A. The electrical contractor shall provide a solid #10 AWG Tracer wire in each below grade conduit serving the electrical and communication systems. Tracer wires shall be labeled at each location of accessibility. 2.04 IDENTIFICATION A. Identify All Junction Boxes With Appropriate Marker As Follows: 1. 208 Volt System: Black (circuit name and number) B. Series rating identification: 1. Upstream devices of series rated components not enclosed in a single NEMA type enclosure shall be identified with a nameplate using 1/8 -inch lettering height reading "CAUTION - SERIES RATED SYSTEM - IDENTICAL COMPONENT REPLACEMENT REQUIRED". 2. Downstream devices of series rated components not enclosed in a single NEMA type enclosure shall be identified with a nameplate using 1/8 -inch lettering height reading "CAUTION - SERIES RATED SYSTEM - ADDITIONAL SERIES COMBINATION RATING: XX,XXX RMS SYMMETRICAL AMPERES" where XX,XXX shall be the series combination rating. C. Label all outlets and switches with an adhesive label identifying panel and circuit the device is energized by. PART 3 EXECUTION 3.01 PREPARATION A. Degrease and clean surfaces to receive nameplates and labels. 3.02 INSTALLATION A. Install nameplate and label parallel to equipment lines. B. Secure nameplate to equipment front using screws. C. Secure nameplate to inside surface of door on panelboard that is recessed in finished locations. END OF SECTION 26 0553 IDENTIFICATION FOR ELECTRICAL SYSTEMS Page 2of2 Page 209 of 468 SECTION 26 2416 PANELBOARDS PART 1 GENERAL 1.01 SECTION INCLUDES A. Branch circuit panelboards. 1.02 RELATED SECTIONS A. Specification Section 26 0526 - Grounding and Bonding for Electrical System B. Specification Section 26 0553 - Identification for Electrical Systems 1.03 REFERENCES A. NECA Standard of Installation (published by the National Electrical Contractors Association). B. NEMA AB1 - Molded Case Circuit Breakers. C. NEMA ICS 2 - Industrial Control Devices, Controllers and Assemblies. D. NEMA KS1 - Enclosed and Miscellaneous Distribution Equipment Switches (600 Volts Maximum). E. NEMA PB 1 - Panelboards. F. NEMA PB 1.1 - Instructions for Safe Installation, Operation and Maintenance of Panelboards Rated 600 Volts or Less. G. NETA ATS - Acceptance Testing Specifications for Electrical Power Distribution Equipment (published by the International Electrical Testing Association). H. NFPA 70 - National Electrical Code. 1.04 SUBMITTALS A. Shop Drawings: Indicate outline and support point dimensions, voltage, main bus ampacity, integrated short circuit ampere rating, circuit breaker and fusible switch arrangement and sizes. B. Submit manufacturer's installation instructions. Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of product. C. Record actual locations of panelboards and record actual circuiting arrangements in project record documents. D. Maintenance Data: Include spare parts listing; source and current prices of replacement parts and supplies; and recommended maintenance procedures and intervals. E. It is the electrical contractors and suppliers responsibility to confirm the appropriate size and quantity of circuit breakers in the submitted panelboards with the information shown on the plan sheets, including the panelboard schedule, and the mechanical contractor prior to releasing the panelboards for construction. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. 1.07 RATINGS A. Definitions: 1. Fully rated equipment shall be defined as equipment where all devices in that equipment shall carry a minimum of the AIC rating that is specified. The distribution panels, 26 2416 PANELBOARDS Page 1 of 3 Page 210 of 468 panelboards, and load centers for this project shall be fully rated unless otherwise specifically noted in the Drawings or Specifications. 1.08 MAINTENANCE MATERIALS A. Furnish two of each panelboard key. PART 2 PRODUCTS 2.01 BRANCH CIRCUIT PANELBOARDS A. Manufacturers: 1. Square D. #NQ or NF 2. No engineer approved equal. B. Description: NEMA PB1, circuit breaker type, lighting and appliance branch circuit panelboard. C. Panelboard Bus: Copper, ratings as indicated. Provide copper ground bus in each panelboard. D. Minimum Integrated Short Circuit Rating: See schedule on the drawings. E. Molded Case Circuit Breakers: NEMA AB 1, bolt -on or (plug -on) type thermal magnetic trip circuit breakers with common trip handle for all poles, listed as type #SWD for lighting circuits, type #HACR for air conditioning equipment circuits, Class A ground fault interrupter circuit breakers where scheduled. Provide arc fault circuit breakers in all dwelling units as required by NEC Code. Do NOT use tandem circuit breakers. Handle ties to make multiple pole breakers are NOT permitted. F. Current Limiting Molded Case Circuit Breakers: NEMA AB 1, circuit breakers with integral thermal and instantaneous magnetic trip in each pole, coordinated with automatically resetting current limiting elements in each pole. Interrupting rating 100,000 symmetrical amperes, let through current and energy level less than permitted for same size Class RK -5 fuse. Handle ties to make multiple pole breakers are NOT permitted. G. Enclosure: NEMA PB 1, type #1. H. Cabinet box is to be 6" D x 20" W for 240 volt and less panelboards. I. Cabinet Front: Surface cabinet front with concealed trim clamps, concealed hinge, metal directory frame, and flush lock all keyed alike. Finish in manufacturer's standard gray enamel. J. All panelboards 225 amp or less, are to have either intermediate supports on the bus bars to prevent deflection, or are required to have 800 amp/square inch bus bars if the bus bars are only supported at each end of the bus. PART 3 EXECUTION 3.01 INSTALLATION A. Install panelboards in accordance with NEMA PB 1.1 and the NECA "Standard of Installation." B. Install panelboards plumb. C. Provide filler plates for unused spaces in panelboards. D. Provide typed circuit directory for each branch circuit panelboard. Coordinate with owner. E. Provide engraved plastic nameplates under the provisions of Specification Section 26 0553 - Identification for Electrical Systems. F. Ground and bond the panelboard enclosure. G. Any panel field modifications and associated means and methods shall be approved by the Authority Having Jurisdiction and the equipment manufacturer. Any costs associated shall be included in the bid. H. It shall be the responsibility of the electrical contractor to verify all wire sizes with existing and new circuit breakers prior to ordering and installing so that specified wire will properly fit into the corresponding circuit breaker. 3.02 FIELD QUALITY CONTROL A. Inspect in accordance with NETA ATS. 26 2416 PANELBOARDS Page 2 of 3 Page 211 of 468 B. Perform inspections listed in NETA ATS. 3.03 ADJUSTING A. Measure steady state load currents at each panelboard feeder; rearrange circuits in the panelboard to balance the phase loads to within 20% of each other. Maintain proper phasing for multi -wire branch circuits. END OF SECTION 26 2416 PANELBOARDS Page 3 of 3 Page 212 of 468 SECTION 26 2726 WIRING DEVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Wall switches B. Duplex receptacles C. Ground fault circuit interrupting receptacles D. Wall plates 1.02 RELATED REQUIREMENTS A. Specification Section 26 0533 - Raceway and Boxes for Electrical Systems 1.03 REFERENCE STANDARDS A. NECA 1 - Standard Practices for Good Workmanship in Electrical Contracting; National Electrical Contractors Association; 2010. B. NEMA WD 1 - General Color Requirements for Wiring Devices; National Electrical Manufacturers Association; 1999 (R 2005). C. NEMA WD 6 - Wiring Device -- Dimensional Requirements; National Electrical Manufacturers Association; 2002 (R 2008). D. NFPA 70 - National Electrical Code; National Fire Protection Association; 2011. E. UL Standard 943 - Standard for Safety for Ground -Fault Circuit Interrupters (GFCIs). 1.04 SUBMITTALS A. See Section 01 3000 - Administrative Requirements, for submittal procedures. B. Product Data: Provide manufacturer's catalog information showing dimensions, colors, and configurations. C. Manufacturer's Installation Instructions. 1. Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. 2. Include instructions for storage, handling, protection, examination, preparation, and installation of product. D. Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1. See Section 01 6000 - Product Requirements, for additional provisions. 2. Extra Wall Plates: One of each style, size, and finish. 1.05 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. C. Products: Provide products listed and classified by Underwriters Laboratories Inc. as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 WALL SWITCHES A. Description: 1. Heavy Duty, AC only general -use snap switch, complying with NEMA WD 6 and WD 1. 2. Body and Handle: Impact -resistant plastic with toggle handle. Auto -grounding strap. 3. Ratings: Match branch circuit and load characteristics. Default rating is 20A, 120/277V, 1HP. 4. Wiring: Back and side wire connections. Accepts #14-#10 AWG solid and stranded copper conductors. 26 2726 WIRING DEVICES Page 1 of 4 Page 213 of 468 SECTION 32 13 16 DECORATIVE CONCRETE PAVING PART 1- GENERAL 1.01 DESCRIPTION A. Summary: This work includes the construction of colored, stamped PCC pavement as shown on the plans. The work shall include all labor, materials, equipment, and transportation required to install the colored and stamped PCC pavement. B. Quality Assurance: 1. Design Criteria: The concrete mix used with pigment added shall be Class C-4, Class 3 aggregate meeting the requirements of the Standard Specifications. The aggregate, cement, and integral color shall be from the same source identical throughout the entire project. The material sources and mix proportions for this project shall be accurately recorded and furnished to the Engineer at the completion of the project. 2. Job Mock -Up: Construct on the job -site a mock-up of a minimum 9 -foot by 9 -foot concrete slab, including all colors and jointing types planned for construction. Mock-up shall represent the final work in material, finish and texture. Leave the accepted mock-up in place until all pavement work is completed and accepted. For accurate color, the quantity of concrete mixed to produce the sample should not be less than 2 cubic yards (or not less than 1/3 the capacity of the mixing drum on the ready -mix truck) and should always be in full cubic yard increments. Excess material shall be discarded according to local regulations. Contractor may, at his own risk, use the planned pavement as the job mock-up. If mock-up is not acceptable, it shall be removed at the contractor's expense. 3. Construct mock-up using processes and techniques intended for use on permanent work, including curing procedures. Include samples of control, construction, and expansion joints in sample panels. Mock-up shall be produced by the individual workers who will perform the work for the Project. 4. Samples: Submit samples of color to the Engineer for approval prior to building a mock-up section. 5. Test Reports: Submit certified test reports of pigment showing compliance with ACI 303.1, ASTM C 979, ASTM C494 and AASHTO M194. Color pigments shall be light fast, wettable, weather resistant, ultra -violet resistant, alkali resistant, and free of deleterious fillers and extenders. 6. Manufacturer Qualifications: Manufacturer shall have minimum 5 years experience in the production of specified products. 7. Installer Qualifications: An installer shall have minimum 5 years experience with work of similar scope and quality, and shall be able to provide list of 3 projects similar in scope to this project which have been completed within the local area to prove qualifications. PART2 PRODUCTS 2.01 MATERIAL 32 13 16 DECORATIVE CONCRETE PAVING Page 1 of 3 Page 214 of 468 A. Integral Color: The integral color shall be Onyx by Solomon Grind -Chem Service, Inc., Chem Masters Chemtint, L.M. Scofield Company or approved equal. The integral color admixture shall be added to the concrete mix at the batch plant as per manufacturer's recommendation. Exact color determination will be from manufacturer's standard color palate and from Job Mock -Up. B. Sealant: Sealant shall comply with ASTM C 309 as a non -yellowing, curing membrane in accordance with the manufacturer's recommendations. Contractor shall submit manufacturer's data for sealant for approval. C. Texture: All colored concrete payment shall have a Brickform seamless skins limestone texture or approved equal. Texture shall be exposed form finish as -cast concrete texture imparted by form - facing material, arranged in an orderly and symmetrical manner with a minimum of seams. PART 3 EXECUTION 3.01 CONSTRUCTION A. A pre -pour conference shall be scheduled a minimum of 14 days prior to first Colored Concrete Pavement placement. Conference shall be conducted by Contractor. Contractor shall insure representatives of the Paving Contractor, Concrete Supplier, Aggregate Supplier, Admixture Supplier, City of Waterloo and Landscape Architect are present at meeting. Purpose of meeting is to: - Discuss concrete mix proportions to insure compliance with specifications and admixture supplier requirements. - Discuss contractor's paving sequence and operations - Discuss finishing work, including jointing, surface texturing, release agent and sealing operations. - Discuss any other issues needing resolution prior to paving to insure the quality of the final pavement product. B. Construction and Installation: 1. Concrete placement shall be in accordance with Section 2301 of the Standard Specifications and manufacturer's recommendations. 2. Integrally Colored Concrete Environmental Requirements: a. Schedule placement to minimize exposure to wind and hot sun before curing materials are applied. b. Avoid placing concrete if rain, snow, or frost is forecast within 24 -hours. Protect fresh concrete from moisture and freezing. c. Comply with professional practices described in ACI 305R and ACI 306R. C. Schedule delivery of concrete to provide consistent mix times from batching until discharge. Mix times shall meet manufacturer's written recommendations. D. Do not add water to concrete mix in field. E. Admixture: The Engineer must approve the use of admixtures. Calcium chloride admixture is not allowed. F. Integral Mix: Mix color pigment into the designated mix at the rate recommended by the manufacturer to produce the specified color. 32 13 16 DECORATIVE CONCRETE PAVING Page 2 of 3 Page 215 of 468 G. Slump shall be maintained at 3 to 4 inches. Addition of a super -plasticizer is acceptable to improve the placing and finishing of concrete. While concrete is still in the plastic stage of set, tooling and finishing shall be done to make the desired surface. H. Tooled Joints: Joints shall be made with a 1/2 inch deep parting tool to produce straight lines of uniform depth in the patterns as detailed in the plans. I. Broom Finish: Broom finish applies to areas of standard color pavement. J. Surface Finish: The entire surface of the colored, tooled concrete shall be textured using a system of pattern -matched tools to provide a `limestone' appearance. The surface texturing shall be done in such a manner as to provide a uniform appearance over the entire paved area. All work shall be done in accordance with manufacturer's guidelines. The use of a release agent prior to texturing the concrete is recommended. Excess release material shall be removed in accordance with the manufacturer's instructions. K. Cleaning: Prior to sealing, the entire surface of the pavement shall be thoroughly cleaned to insure no foreign material is sealed with the pavement. This may require the use of hand tools, detergent, power -washing and/or other tools as needed to insure the surface is clear of all debris, effervescence, concrete dust, and all other materials. L. Curing: The use of white -pigmented cure compounds, burlap, plastic sheeting, or fogging with water is not allowed. M. Sealant: Sealant shall be specifically recommended by manufacturer of integral color admixture for use with their product. Sealant shall be applied in a fine spray to form a continuous, uniform film on the surface as soon as the free water has appreciably disappeared. Surface shall be protected from construction damage, dirt, debris, oil, etc. by covering with waterproof paper for a period of 24 hours. A second sealant application shall then be made and protected from foot traffic for a minimum of 8 hours and vehicular traffic for a minimum of 7 days. N. The Contractor shall patch and repair all defects in the surface. O. In areas of Standard Pavement Color paid for under this time, all other requirements, including sealing, shall apply. P. At time of final acceptance, the entire area shall be thoroughly cleaned and resealed. PART 4- MEASUREMENT AND PAYMENT 4.01 MEASUREMENT AND PAYMENT A. Method of Measurement: The quantity of colored, stamped PCC pavement constructed will be computed in square yards by the Engineer from measurements of the finished surface. Deductions will not be made for fixtures having an area of 1 square yard or less. Initial mock-up areas will be measured and included for payment. B. Basis of Payment: For the area of colored, tooled PCC pavement measured, the Contractor will be paid the contract unit price per square yard. This payment shall be full compensation for all equipment, tools, labor and materials necessary to construct colored, tooled PCC pavement as specified in the contract documents. Removal of mock-up will not be measured or paid for separately, but shall be considered incidental to this bid item. END OF SECTION 32 13 16 DECORATIVE CONCRETE PAVING Page 3 of 3 Page 216 of 468 SECTION 32 14 16 BRICK PAVERS PART1 GENERAL 1.01 WORK INCLUDED A. Furnish and install brick unit pavers, sand setting beds and joint sand as shown on the Drawings and Specified herein. 1.02 REFERENCES A. ASTM C 902 - Standard Specification for Pedestrian and Light Traffic Paving Brick. B. ASTM C 33 - Specification for Concrete Aggregates. C. ASTM C 43 - Terminology of Structural Clay Products. D. ASTM C 67 - Test Methods of Sampling and Testing Brick and Structural Clay Tile. E. ASTM C 88 - Test Method for Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate. F. ASTM C 136 - Method for Sieve Analysis for Fine and Coarse Aggregates. G. ASTM C 140 - Sampling and Testing Concrete Masonry Units. H. ASTM C 144 - Standard Specifications for Aggregate for Masonry Mortar. I. ASTM D 698 - Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 5.5 Ib (24.4 N) Rammer and 12 in. (305 mm) drop. J. ASTM C 1272, Standard Specification for Heavy Vehicular Paving Brick. K. ASTM D 1557 - Test Methods for Moisture Density Relations of Soil and Soil Aggregate Mixtures Using a 10 Ib (44.5 N) Rammer and 18 in. (457 mm) drop. L. ASTM D 2940 - Graded Aggregate Material for Bases or Subbases for Highways or Airports. M. Brick Industry Association Technical Note #14 on Brick Construction. 1.03 QUALITY ASSURANCE A. Installer Qualifications: Exterior Unit Paver installer shall have a minimum of five years successful experience, either in the present business form or by having principal personnel with equivalent experience elsewhere, in the installation of the products and systems of the type specified. B. Single -Source Responsibility: Obtain each color, type, and variety of unit pavers, joint materials, and setting materials from a single source with resources to provide products and materials of consistent quality in appearance and physical properties without delaying progress of the Work. 1.04 SUBMITTALS A. Product Data: Submit copies of manufacturer's specifications, installation instructions and setting bed requirements. B. Submit six full size samples of brick pavers for initial selection purposes in form of actual units or sections of units showing full range of colors and textures available for the unit paver indicated. Include similar samples of material for joints and accessories involving color selection. Engineer or Contracting Authority will approve color and final product from submitted samples. 32 14 16 BRICK PAVERS Page 1 of 7 Page 217 of 468 C. Submit full size samples of ADA Truncated Dome Tiles for initial selection purposes in form of actual units proposed for use on the project in the color specified. Include similar samples of material for joints and accessories involving color selection. Engineer or Contracting Authority will approve color and final product from submitted samples. D. Submit sieve analysis for grading of bedding and joint sands. E. Test results shall be submitted from an independent testing laboratory for compliance of paving unit requirements to ASTM or other applicable requirements. 1.05 MOCK-UPS A. One complete in-place installation of one intersection corner, as selected by the Contractor and agreed to by the Engineer. Installation shall reflect all detailing as shown on the drawings, including installation of concrete curbs and ADA truncated dome tiles. B. This area will be used to determine the amount that the pavers settle into bedding sand after compaction, joint sizes, lines, laying pattern(s), color(s), and texture of the project. C. This area shall be the standard from which the work will be judged. 1.06 DELIVERY, STORAGE AND HANDLING A. Deliver brick pavers to the site in steel banded, plastic banded or plastic -wrapped cubes capable of transfer by fork lift or clamp lift. Unload pavers at job site in such a manner that no damage occurs to the product. B. Sand shall be covered with waterproof covering to prevent exposure to rainfall or removal by wind. The covering shall be weighted to resist removal by wind. C. Delivery and paving schedules shall be coordinated in order to minimize interference with normal use of buildings adjacent to paving. 1.07 ENVIRONMENTAL CONDITIONS A. Do not install sand or pavers during rain or snowfall or during freezing conditions. PART 2 PRODUCTS 2.01 CLAY BRICK PAVERS A. Obtain each type of brick from one source, with consistent color range and texture, complying with referenced ASTM standards and other references indicated. B. Classification: Nominal 4 x 8 x 2-3/4 as per ASTM C-1272 Class SX, Type 1 Application PS, 8000 minimum PSI, 6% maximum average absorption. Slip resistance shall be tested in general accordance with ASTM C 1028-96, standard test method for determining the static coefficient of friction of ceramic tile and other like surfaces by the horizontal dynamometer pull -meter test. Minimum static coefficient of friction shall be .60 for wet and .70 for dry. C. See Drawings for details on brick layout. Products of other manufacturers of similar color and finish shall also be considered if submitted as equal. Contractor shall submit samples to match the following types for approval of color and texture: 1. Brick Paver Type 1 (installed over concrete base as per details): Provide and install 4 x 8 x 2 3/4 beveled edge clay pavers with layout as patterned in details. Provide clay brick pavers from the following manufacturers (or approved equal): 32 14 16 BRICK PAVERS Page 2 of 7 Page 218 of 468 • Pine Hall Brick (800-334-8689) - English Edge 4 x 8 x 2 3/4 beveled edge pavers. Color: Autumn Blend. 2. Brick Paver Type 2 (installed over concrete base as per details): Provide and install 4 x 8 x 2 3/4 beveled edge clay pavers with layout as patterned in details. Provide clay brick pavers from the following manufacturers (or approved equal): • Belden Brick Co. (330-451-2031) - English Edge 4 x 8 x 2 3/4 beveled edge pavers. Color: Landmark Gray. 3. Brick Paver Type 3 (installed over concrete base as per details): Provide and install 4 x 8 x 2 3/4 beveled edge clay pavers with layout as patterned in details. Provide clay brick pavers from the following manufacturers (or approved equal): • Belden Brick Co. (330-451-2031) — English Edge 4 x 8 x 2 3/4 beveled edge pavers. Color: Ebony. 2.02 BEDDING AND JOINT SAND A. The sand layer is a bedding course. The type of sand for this layer is often called concrete sand. Sands vary regionally. Contact paver installers local to the project and confirm sand(s) successfully used in previous similar applications. Mason sand should not be used. B. Type 1 Bedding Sand shall be clean, non -plastic, free from deleterious or foreign matter. The bedding sand shall be natural or manufactured silica sand. Grading of samples shall be done according to ASTM C136. The particles shall be sharp and conform to the grading requirements of ASTM C33 as shown below: 1. GRADING REQUIREMENTS FOR TYPE 1 BEDDING SAND C. Type 2 Joint Sand shall be clean, non -plastic, free from deleterious or foreign matter. The joint sand shall be natural or manufactured silica sand. Grading of samples shall be done according to ASTM C136. The particles shall be sharp and conform to the grading requirements of ASTM C33 as shown below: 1. GRADING REQUIREMENTS FOR TYPE 2 JOINT SAND Sieve Size Percent Passing 3/8in. (9.5mm) 100 No. 4 (4.75mm) 95 to 100 No. 8 (3.36mm) 85 to 100 No. 16 (1.18mm) 50 to 85 No. 30 (600um) 25 to 60 No. 50 (300um) 10 to 30 No. 100 (150um) 2 to 10 C. Type 2 Joint Sand shall be clean, non -plastic, free from deleterious or foreign matter. The joint sand shall be natural or manufactured silica sand. Grading of samples shall be done according to ASTM C136. The particles shall be sharp and conform to the grading requirements of ASTM C33 as shown below: 1. GRADING REQUIREMENTS FOR TYPE 2 JOINT SAND 32 14 16 BRICK PAVERS Page 3 of 7 Page 219 of 468 Sieve Size Percent Passing No. 4 (4.75mm) 100 No. 8 (3.36mm) 95 to 100 No. 16 (1.18mm) 70 to 100 No. 30 (600um) 40 to 75 No. 50 (300um) 10 to 35 No. 100 (150um) 2 to 15 No. 200 (75um) 0 to 10 32 14 16 BRICK PAVERS Page 3 of 7 Page 219 of 468 2.03 GEOTEXTILES A. Geotextile shall be a woven, polypropylene fabric complying with ASTM D 4751, Test Method for Determining Apparent Opening Size of a Geotextile, with an approximate opening size from a No. 70 to No. 100 sieve size opening. Geotextile fabric shall permit water passage without allowing sand or soil migration. Geotextiles should be lapped at the sides and ends of rolls a minimum of 12 in. (305 mm). Care should be taken to not locate laps directly under anticipated wheel paths. 2.04 ADA TRUNCATED DOME TILES FOR DETECTABLE WARNING SYSTEMS A. ADA truncated dome panels shall conform to Section 4171 of the Standard Specifications. B. Obtain ADA truncated dome panels from one source, with consistent color range and texture, complying with referenced ASTM standards and other references indicated. Panels must be compliant with all relevant ADA requirements. C. ADA truncated dome panels shall be 24 in. wide cast gray iron conforming to ASTM A-48 class 30A minimum. 1. Slip resistance - ASTM C 1028 greater than 0.8. 2. Impact resistance - Resistance to impact from Falling Tub NCHRP Report 670: Draft T4- 33, Part II. No Substantial damage. D. Wherever a curved installation along back of curb is specified on the plans, the ADA truncated dome panels may be manufactured to a radius conforming the back of curb radius or they will need to be cut to fit in the field such that the panels conform to the curvature of the curb line. E. Contractor shall submit samples to match the following products in color and material (or approved equal): 1. Detectable Warning Panels as manufactured by Neenah Foundry Company Inc. (800- 558-5075). Color: Powder -coated and painted black. 2. 4984 Detectable Warning Plate as manufactured by Deeter Foundry (800-234-7466). Color: Powder -coated and painted black. 3. Detectable Warning Panels as manufactured by Pioneer Detectable LLC (262-370-5355). Color: Powder -coated and painted black. PART 3 - EXECUTION 3.01 WEATHER EXTREMES A. Cover units with a weather resistant membrane held securely in place or otherwise protect units from the elements. B. Follow the procedures developed by the International Masonry Industry All -Weather Council (IMIAC) "Recommended Practices and Guide Specifications for Cold Weather Masonry Construction" and BIA Technical Notes on Brick Construction 1, "All Weather Construction". 3.02 EXAMINATION A. Verify that concrete base elevations conform to the specifications. The slope of the concrete base surface shall conform to the finish grade of the pavers to provide uniform bedding sand thickness. B. Note that the top surface of the pavers should be 1/8 inch above the final elevation after compaction. This difference in initial and final elevation is to compensate for possible minor settling. 32 14 16 BRICK PAVERS Page 4 of 7 Page 220 of 468 C. Verify the proper installation of the concrete edge restraints, in terms of location, straightness, elevation, and adherence to the specifications. D. Beginning of bedding sand and paver installation shall signify acceptance of base and edge restraints. E. Determine actual paver dimensions (including tolerances) and coordinate with dimensions for pavement areas indicated on Contract Drawings prior to any pavement installation. Adjust pavement area dimensions to eliminate unnecessary paver cutting. Notify Engineer of notable discrepancies with the Contract Drawings due to site conditions. 3.03 SITE PREPARATION (CONCRETE BASE) A. Clean all concrete base areas in preparation for paver installation. B. Install weep holes as specified on the drawings. Drill 2-3" diameter hole and fill with pea gravel (IDOT Gradation #29 or approved equal). Install holes at a minimum 10' on center and at all low points of concrete base. C. Geotextile: Install geotextile where indicated on Contract Drawings. Overlap ends and edges a minimum of 12 inches (300 mm.) and weep holes a minimum of 6 inches. D. Before commencing the placing of the sand bedding course and the placement of the brick pavers, the base shall be inspected by the Owner or the Consultant. 3.04 BRICK PAVER INSTALLATION A. Spread the bedding sand evenly over the base course and screed to a nominal 1 in. (25 mm) thickness, not exceeding 1 1/2 in. (40 mm) thickness. The screeded sand should not be disturbed. Sufficient sand shall be placed in order to stay ahead of the laid pavers. Do not use the bedding sand to fill depressions in the base surface. B. Screeded sand shall be fully protected against incidental compaction, including compaction by rain. Any screeded sand which is incidentally compacted prior to laying of the paving unit, shall be removed and brought back to profile in a loose condition. Neither pedestrian nor vehicular traffic shall be permitted on the screeded sand. C. The Contractor shall screed the bedding sand using either an approved mechanical spreader (e.g.: an asphalt paver) or by the use of screed rails and boards. D. Initiation of paver placement shall be deemed to represent acceptance of the pavers. E. Pavers shall be free of foreign material before installation. F. Pavers shall be inspected for color distribution and all chipped, damaged or discolored pavers shall be replaced. G. Color Blending - Paving units shall be installed from a minimum of 3 bundles simultaneously drawing the paver vertically rather than horizontally. H. The pavers shall be laid in the pattern(s) as shown on the drawings. String lines or chalk lines on bedding sand should be used to hold all pattern lines true. I. Joints between the pavers on average shall be between 1/16 in. and 1/8 in. (2 mm to 4 mm) wide. In order to maintain the desired pattern, joint spacing must be consistent. This spacing must also be provided for the first row abutting the edge restraint. J. No more than 5% of the joints shall exceed [1/4 in. (6 mm)] wide to achieve straight bond lines. Joint (bond) lines shall not deviate more than ± 1/2 in. (±15 mm) over 50 ft. (15 m) from string lines. 32 14 16 BRICK PAVERS Page 5 of 7 Page 221 of 468 K. Gaps at the edges of the paved area shall be filled with cut pavers. Layout paver units within each field such that no paver units are cut smaller than one-third of a whole paver along edges subject to vehicular traffic. L. Pavers to be placed along the edge shall be cut with a double blade paver splitter or masonry saw. M. Upon completion of cutting, the area must be swept clean of all debris to facilitate inspection and to ensure pavers are not damaged during compaction. (Debris or sand particles left on pavers which are being compacted can cause point loading which may chip, scrape or break the paver.) N. After sweeping and prior to compaction, the paved area must be inspected by the owner or consultant to ensure satisfactory color blending. Pavers can be moved easily at this time to achieve good color distribution. O. The pavers shall be compacted to achieve consolidation of the sand bedding and brought to level and profile by not less than three passes. Initial compaction should proceed as closely as possible following the installation of the paving units and prior to the acceptance of any traffic or application of sweeping sand. P. Low amplitude, high frequency plate compactor shall be used to compact the pavers into the sand. Use of a urethane plate compactor pad is recommended to minimize any scuffing of the paving stone surface. The compactor shall transmit an effective force not less than 75 kN per square metre (1600 Lb/ft2) of plate area. The frequency of vibration shall be within the range of 75 to 100 Hz. Use Table 5 below to select size of compaction equipment: PAVER THICKNESS AND REQUIRED MINIMUM COMPACTION FORCE Paver Thickness 2 3/8 in. (60 mm) Compaction Force 3000 lbs [13 kN] 23/4 in. (70 mm) & 3 1/8 in. (80 mm) 5000 lbs [22 kN] Q. Any units that are structurally damaged during compaction shall be immediately removed and replaced. R. Dry joint sand shall be swept into the joints until the joints are full. This will require at least two or three passes with the compactor. Do not compact within 36 inches of the unrestrained edges of the paving units. S. All work to within 36 inches of the laying face must be left fully compacted with sand -filled joints at the completion of each day. T. Allow excess joint sand to remain on surface to help protect pavers from damage from other trades. Sweep excess sand from pavement when directed by Engineer. U. Contractor shall return to site over a period of up to 90 days after substantial completion to add sand to fill joints as needed. 3.05 FIELD QUALITY CONTROL A. After removal of excess sand, check final elevations for conformance to the drawings. Notify Engineer of deviations and adjust as directed. B. All surface and pavement structures shall be true to the lines and levels, grades, thickness and cross sections shown on the drawings. All pavements shall be finished to lines and levels to ensure positive drainage at all drainage outlets and channels. In no case shall the cross -fall of any portion of pavement be less than that shown on the plans. The final surface elevations shall not deviate more than 3/8 in. (10 mm) under a 10 ft. (3 m) long straight edge. 32 14 16 BRICK PAVERS Page 6 of 7 Page 222 of 468 C. The surface elevation of pavers shall be 1/8 to 1/4 in. (3 to 6 mm) above adjacent drainage inlets, concrete collars or channels. D. Lippage: No greater than 1/8 in. (3 mm) difference in height between adjacent pavers. 3.06 ADA TRUNCATED DOME TILE INSTALLATION A. Install as per manufacturer specifications. Isolate work area by using barricades or cones to block off the work area from pedestrian or vehicular traffic. Consult with local governmental agency or other standard to be certain safety guidelines are followed. B. Before pouring concrete determine the layout of tiles. Tiles can be cut to custom sizes, or to make a radius, using a continuous rim diamond blade in a circular saw or mini -grinder. Use of a straightedge to guide the cut is advisable where appropriate. C. Pour and finish concrete according to the drawings and specifications. Check the slope of the concrete with an electronic level to assure compliance. D. Trace the approximate location of the tiles and remove 1/2 in. to 5/8 in. of concrete. E. Place the tile in the void created by applying downward pressure and twisting the tile to set. The tile should be level with the surrounding concrete. Place the remaining tiles flush to the previous using the same downward twisting method. F. Float surface of concrete surrounding tiles making sure that any concrete displaced by the tiles is removed and the surface is finished in a manner that the tile becomes an integral part of the sidewalk and does not disturb the uniform slope achieved before placement. G. Recheck slope to confirm that the installation of the tiles has not disturbed the slope. H. While concrete is workable, a 1/8" radius edging tool shall be used to create a finished edge of concrete, then a steel trowel shall be used to finish the concrete around the tile's perimeter, flush to the field level of the tile. Carefully finish the edges, and clean of any concrete that has spilled during the installation I. Following tile placement, review installation tolerances to contract drawings and adjust tile before the concrete sets. Suitable sandbags with 10 to 25 Ib weights may be placed on each tile as necessary to ensure solid contact of the underside of tile to concrete. Protect area from pedestrian and vehicular traffic until the concrete has cured sufficiently. J. Clean by spraying with water. Do NOT spray or allow setting compounds or other chemicals to interact with tiles. Use protective barriers to protect tiles if such chemicals/compounds are used on surrounding areas. PART 4— MEASUREMENT AND PAYMENT 4.01 Measurement: The Engineer shall measure the number of square feet of brick pavers or ADA truncated dome tiles that are satisfactorily installed in accordance with the plans and this Special Provision, as required by the contract documents. 4.02 Payment: For each type of brick paver and ADA truncated dome tile installed and measured for payment, the Contractor shall be paid the contract unit price. This payment shall be full compensation for the paver or truncated dome tile installed. END OF SECTION 32 14 16 BRICK PAVERS Page 7 of 7 Page 223 of 468 SECTION 32 92 19 SEEDING PART1 GENERAL 1.01 RELATED DOCUMENTS A. Plan drawings and General Provisions of Contract, including Bidding Requirements, General and Supplementary Conditions and Division I Specification Sections, apply to work specified in this section. 1.02 WORK INCLUDED A. Preparing the ground surface and removal of vegetation in all areas to be seeded in accordance with this Specification for all areas disturbed by construction activities. B. Furnishing and sowing grass seed, compacting, mulching, and establishing grass stands. C. Furnish all labor, tools, equipment, material, and perform all operations necessary and incidental to proper execution and completion of all work in accordance with the drawings and specifications, including watering through establishment. 1.03 PROTECTION A. Protect existing conditions at the site against damage including the following: 1. Take precautions to insure that equipment, vehicles and seeding operations do not disturb or damage existing grades, walls, drives, sidewalks, pavements, utilities, plants, lawns, irrigation systems and other facilities. 2. Verify locations and depths of all underground utilities prior to excavation and report conflicts with seeding operations. 3. Any damage to existing trees or shrubs, including branches and root systems shall be repaired and/or pruned by an experienced tree surgeon or arborist. 4. Repair, replace and/or return to original condition the damaged item without additional compensation. 5. Where not in place, provide, install and maintain adequate barricades, guards or protection around excavations, utilities, hazards and other items to remain on the site. 1.04 STANDARD SPECIFICATIONS A. The following specifications and standards form a part of this Specification: 1. American Joint Committee on Horticultural Nomenclature 1942 Edition of Standardized Plant Names. 2. American Association of Nurserymen, Inc., American Standard for Nursery Stock Edition, Latest Edition (ASA -Z60 1) 1.05 SUBMITTALS A. Furnish three (3) copies of manufacturer literature, samples, certifications, or laboratory analytical data for the following items. 32 92 19 SEEDING Page 1 of 6 Page 224 of 468 1. Turfgrass Seed Mixture 2. Fertilizer (certification or laboratory analytical data). 1.06 QUALITY ASSURANCE A. All materials described and specified herein shall be subject to inspection and approval by the Owner's Representatives. B. Material may be inspected by the Owner's Representative at the source of supply. C. This inspection does not waive the right to reject any material after it has been delivered to the site and/or installed. PART 2 PRODUCTS 2.01 SEED A. All seed shall be furnished in sealed containers. Seed which has become wet, moldy, or otherwise damaged in transit or storage will not be acceptable. The seed mixture shall be as follows. Submit all seed certificates to the owner. 2.02 TURFGRASS LAWN SEED MIXTURE A. Provide fresh, clean, new -crop seed complying with tolerance for purity and germination established by Official Seed Analysts of North America. Provide seed mixture composed of grass species, proportions and minimum percentages of purity, germination, and maximum percentage of weed seed as specified. B. Seed Mixture: "Ignition Sports Turf 50-50 Blend", a blend of SPF 30 Kentucky Bluegrass (15%), Shannon Kentucky Bluegrass (15%), Garlic Kentucky Bluegrass (20%), Sox Fan Perennial Ryegrass (25%), and Benchmark Perennial Ryegrass (25%). Required Minimum Test Results: 98% purity and 85% germination. Crop and weed seed to be .01% or less Blend of varieties to be approved by Landscape Architect. Crop and weed seed to be certified. C. Application Rate: 8-10 lbs./1,000 SQ. FT. D. Furnish seed from the following source (or approved equal): 1. D and K Products, Des Moines, Iowa ( 800-798-9352) 2.03 TEMPORARY GRASS SEED MIXTURE (IF REQUIRED) A. If seeding outside of designated timeframe for lawn establishment, Contractor shall install temporary grass seed mixture to stabilize seed areas of site. B. Application rates are based on pounds of pure live seed per acre. C. Seed Mixture: 1. Summer— Oats (35 Ib per acre ) 2. Fall — Winter wheat (25 Ib per acre) 2.04 MULCH 32 92 19 SEEDING Page 2 of 6 Page 225 of 468 A. Straw Mulch: Provide air-dry, clean, mildew and seed free hay or threshed straw of wheat, rye, oats or barley. B. Fiber Mulch: Biodegradable, dyed -wood, cellulose -fiber mulch; nontoxic, free of plant growth or germination inhibitors, with maximum moisture content of 15 percent and a pH range of 4.5 to 6.5. 2.05 SOIL FOR REPAIRS A. Topsoil for filling areas to be repaired shall conform to these specifications and shall be free of large stones, clods, roots, stumps, or other materials that would interfere with subsequent seeding, compacting, or establishment. 2.06 FERTILIZER A. Fertilizer shall be used in granular form and shall be delivered to the site in the original bag in good condition for proper distribution, chemical analysis and weight. The fertilizer supplier shall deliver such fertilizer with proper scale weight records and a statement of guaranteed analysis. All fertilizer shall comply with the rules of the Iowa Department of Agriculture. B. Fertilizer Specification (nutrient by weight): N: 19%* K20: 19% Sulfur: 1% Iron: 1% * 20% of N shall be Sulfur Coated Urea (SCU) C. Calcium: Pellet calcium, such as Super Call 98 J (quick release) shall be applied in addition to the fertilizer specified. Application rate shall be 1,300 lbs/acre. 2.07 EROSION CONTROL MATERIALS (IF USED) A. Erosion Control Blankets: Biodegradable wood excelsior, straw, or coconut fiber mat enclosed in a photodegradable plastic mesh. Include manufacturer's recommended steel wire staples, 6 inches (150mm) long. B. Erosion Control Fiber Mesh: Biodegradable twisted jute or spun -coir mesh, a minimum of 0.92 lb/sq. yd. (0.5 kg/sq. m), with 50 to 65 percent open area. Included manufacturer's recommended steel wire staples, 6 inches (150mm) long. PART 3 EXECUTION 3.01 GENERAL A. Areas to be seeded are shown on the plans. B. Areas to be seeded shall be field staked by the Contractor and approved by the Landscape Architect prior to seeding. It is the intent to compose the plantings on site with the landscape architect. C. Exercise extreme care when working around existing site features. Ensure the seedbed is prepared by hand -raking around these features as required. 3.02 SEEDING SCHEDULE A. All sowing of turfgrass seed shall be completed between the dates of March 15 and May 30 for spring seeding; and August 15 and September 15 for fall seeding. Sowing delayed beyond the specified dates, and due to circumstances beyond the contractor's control, may be continued upon written approval. 32 92 19 SEEDING Page 3 of 6 Page 226 of 468 3.03 SEED BED PREPARATION A. The contractor shall remove all vegetation in the designated area by mowing. The area shall be scalped and all vegetation, thatch, and debris removed to a height of 1/2" above the soil surface. The intent is not to cultivate the soil, but only remove the cover. B. Any remaining vegetation shall be chemically treated with "Roundup" or approved equal. C. Caution: Rate of application and use of Herbicide or Roundup shall be strictly according to the manufacturer's recommendations. Chemical applications shall be stopped when satisfactory results are not likely to be obtained due to excessive moisture, high wind or other unfavorable conditions. The chemical shall be applied in such a fashion as to prevent damage to existing trees to remain. D. The sowing of seed shall not commence until 14 days after the weeds have been chemically treated. E. The area to be seeded shall be relatively smooth, and all washes and gullies shall be filled to conform to the desired cross sections and grades shown on the plans. F. Loosen subgrade to a minimum depth of 2 inches. Remove stones larger than 1 inch in any dimension and sticks, vegetation, roots, rubbish and other extraneous matter and dispose legally off campus. G. Finish grade planting areas to a smooth, uniform surface plane with loose, uniformly fine texture. Grade to within plus or minus'/" of finish elevation. Roll, rake, remove ridges and fill depressions to meet finish grades. H. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. I. The final seed bed shall friable and somewhat compacted not fluffy. 3.04 APPLICATION OF FERTILIZER A. Specified fertilizer and calcium shall be applied and incorporated into the surface grade using field machinery and/or hand spread as needed prior to application of seed. 3.05 SOWING SEED A. General: The sowing may be stopped when satisfactory results are not likely to be obtained due to drought conditions excessive moisture, high wind or other unfavorable conditions. Sowing of seed shall be resumed only when conditions are again favorable or when alternative or corrective measures and approved procedures have been adopted. B. Hydroseeding: 1) Mix specified seed, fertilizer, fiber and mulch in water using equipment specifically designed for hydroseed application. Continue mixing until uniformly blended into homogeneous slurry suitable for hydraulic application. 2) Mix slurry with nonasphaltic tackifier. 3) Apply slurry uniformly to all areas to be seeded in a one-step process. Apply mulch at a minimum rate of 1500 — Ib/acre dry weight but not less than the rate required to obtain specified seed sowing rate. 3.06 REPAIRS OF SEEDED AREAS A. When the surface has become gullied or otherwise damaged during the period of establishing the grasses, the disturbed area shall be repaired to reestablish the grade and the condition of the 32 92 19 SEEDING Page 4 of 6 Page 227 of 468 soil, and shall be reseeded at the original seed rate. Fill material shall be placed and compacted in six (6) inch lifts. Reseeding shall be done in a manner that will cause a minimum of disturbance to the existing stand of grass. B. During the course of planting and maintenance work, excess and waste materials shall be continuously and promptly removed, seeded areas kept clear and all reasonable pre- cautions taken to avoid damage to existing structures, plants and grass. Existing grass areas which have been injured by the work shall be regraded and seeded and the entire area, when completed, shall be neat and clean to the satisfaction of the Owners Representative. 3.07 MAINTENANCE A. Maintain lawns for not less than the period stated below, and longer as required to establish an acceptable lawn. 1. Seeded lawns, not less than 60 days after substantial completion. B. Maintain lawns by watering, fertilizing, weeding, mowing, trimming, and other operations such as rolling, re -grading and replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. C. Watering: 1. Provide and maintain temporary piping, hoses and lawn watering equipment to convey water from sources. Keep lawn uniformly moist to a depth of 4 inches. 2. Schedule watering to prevent wilting, puddling, erosion and displacement of seed or mulch. Lay out temporary watering system to avoid walking over muddy or newly planted areas. Water lawn daily for the first two weeks. 3. The Contractor is responsible for all costs in providing supplemental water as needed to promote healthy seedling establishment. D. Fertilizer: 30 to 45 days after the original seeding and prior to the first mowing, the contractor shall apply ten (10) Ib. per 1,000 square foot a 16-8-8 or other approved fertilizer to all seeded areas. 50% of the nitrogen shall be in a slow release form. E. When full maintenance period has not elapsed before the end of the planting season, or if lawn is not fully established, continue maintenance during next planting season. F. In areas where mulch has been disturbed by wind or maintenance operations, add new mulch. Anchor as required to prevent displacement. 3.08 WARRANTY AND ACCEPTANCE OF TURFGRASS AREAS A. The Landscape Architect will inspect the turf both during construction and during the Substantial Completion inspection. Final acceptance will follow the Landscape Architect's final approval of the punch list and the following criteria. B. Upon completion of the work and fulfillment of the requirements of the Section, notify the Owner's Representative in writing that the work is ready for final inspection. Request a definite date for final inspection. Notify the Owner's Representative five (5) days prior to the requested final inspection date. C. Acceptance of seed lawn areas shall be based upon the following criteria: 1. Terms of the maintenance period, as defined in this paragraph have been executed. Seeded lawn areas shall be healthy, uniform and a close stand of grass shall be established. 32 92 19 SEEDING Page 5 of 6 Page 228 of 468 2. The seeded lawn areas shall be free of weeds and surface irregularities. In any 10 square foot area within the seeded lawn, coverage shall exceed 95%. Scattered bare spots shall not exceed an area 4 inches by 4 inches. 3. Grass shall not exceed 3" in height at time of acceptance. D. Seeded lawn areas which do not meet the requirements of acceptance at the time of inspection shall be re -seeded and maintained as often as required, until accepted, at no additional cost to Owner. 3.09 CLEAN UP A. Remove from site all excess materials, debris and equipment. B. Hose down and/or broom clean all paved surfaces. C. Remove erosion control measures after seed lawn has been established. Repair and reseed any remaining bare seeded areas as required. END OF SECTION 32 92 19 SEEDING Page 6 of 6 Page 229 of 468 RITLAN D+ KU 1 PER LANDSCAPE ARCHITECTS Lincoln Park Enhancements Waterloo, Iowa Preliminary Cost Opinion 501 Sycamore Street, Mei Waterloo, lov (319) 233-8090 Fax (319) QUANTITY UNIT UNIT PRICE Site Preparation Traffic Control 1 LS 39000.00 Mobilization 1 LS 50000.00 Silt Fence Installation, Removal, Cleanout 1,298 LF 5.00 Construction Fence 2990 LF 8.00 Removals, Existing Pavement 1,861 SY 10.00 Removal (Sunken Plaza) 523 SY 18.00 Removals, Lighting 4 EA 400.00 Excavation, Class 10 3,280 CY 5.00 Site Grading 1 LS 10000.00 Imported Clean Fill 107 CY 20.00 Imported Top Soil 143 CY 30.00 Exterior Sidewalks Modified Subbase, Compacted 104 SY 8.00 PCC Pavement, 6" 933 SY 63.00 Exterior Corners Concrete Curb for Brick 109 LF 25.50 Modified Subbase, Compacted 168 SY 8.00 Brick Pavers with Concrete Base 1,508 SF 15.00 Interior Plaza Concrete Curb for Brick 198 LF 25.50 Modified Subbase, Compacted 201 SY 8.00 Brick Pavers with Concrete Base 1,813 SF 15.00 Interior Sidewalks Modified Subbase, Compacted 1286 SY 8.00 PCC, 6" Concrete - Stamped/Colored 1,286 SY 108.00 Alt: PCC, 6" Concrete 1,280 SY @ 63.00 = $80,640 Electrical 1 LS 187500.00 Plumbing 1 LS 37115.00 Additional Site Amenities Benches 54 EA 1152.00 Bench Memorials 1 EA 150.00 0 Plantings Shade Tree 10 EA 400.00 Porous Tree Surrounds 288 SF 7.50 Seeding 16,000 SF 0.25 SUBTOTAL Design Fees Contingency (10%) TOTAL COST $1 Add Alternate No. 1: Electrical contractor shall furnish and install electrical cabinet #4. Add Alternate No. 2: Electrical contractor shall furnish and install electrical cabinet #5. Plumbing contractor shall locate pedestal type hydrant. Add Alternate No. 3: Electrical contractor shall furnish and install fiber handholes and associated conduit. Electrical contractor shall provide conduit from inside electrical cabinet #1 to power handhole near the center of Deduct Alternate No. 4: Deduct dance chimes, installation and 16 LF of concrete curb. Deduct/Add Alternate No. 5: Deduct 1,286 SY colored/stamped concrete Add 1,286 SY PCC, 6" Concrete FY2019 Lincoln Park Improvements Project, Cont. No. 973 Bid Tab: March 28, 2019 Estimate: $980,000 Bidder Bid Security Bid Amount K&W Electric, Inc. Cedar Falls, IA Base: $773,631.00 Alt 1: $25,000 Alt 2: $23,500 Alt 3: $20,000 Alt 4: $59,900 Alt 5: $28,935 Alt 6: $42,500 Vieth Construction Corporation Cedar Falls, IA Base: $689,913.50 Alt 1: $26,000 Alt 2: $24,000 Alt 3: $21,000 Alt 4: $58,000 Alt 5: $40,000 Alt 6: $44,000 Boulder Contracting Grundy Center, IA Base: $645,875.05 Alt 1: $26,250 Alt 2: $24,500 Alt 3: $21,000 Alt 4: $55,220 Alt 5: $27,006 Alt 6: $44,500 K Cunningham Construction Co., Inc. Cedar Falls, IA Base:682,976.10 Alt 1: $27,500 Alt 2: $25,850 Alt 3: $22,000 Alt 4: $59,798 Alt 5: $48,225 Alt 6: $46,750 Peters Construction Corp. Waterloo, IA Base: $640,293.14 Alt 1: $30,930 Alt 2: $20,920 Alt 3: $20,370 Alt 4: $60,600 Alt 5: $58,000 Alt 6: $30,130 Page 232 of 468 Woodruff Construction, LLC Base: $633,230.30 Waterloo, IA Alt 1: $30,400 Alt 2: $21,300 Alt 3: $20,400 Alt 4: $51,300 Alt 5: $34,800 Alt 6: $29,000 Cardinal Construction Base: $682,619.00 Waterloo, IA Alt 1: $24,000 Alt 2: $20,000 Alt 3: $24,000 Alt 4: $63,096 Alt 5: $38,753 Alt 6: $45,500 Page 233 of 468 CITY OF WATERLOO Council Communication Fire Station No 1 Roof Replacement Project. City Council Meeting: 4/1/2019 Prepared: 3/1/2019 REVIEWERS: D epartment P1arming t ." perk Office ffice ATTACHMENTS: Description ❑ 1::3u�aa�nraa.aa�a:4� 1�a,s: SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Aawic rft nation Action .Approved Approved Type -.�-�, ackup Upateriall Date 312,712,019 ... i p):09 AM :3/2,7/2,019 10:0 AM 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. Resolution awarding contract to of , Iowa in the amount of , and approving the contract, bonds, and certificate of insurance in conjunction with the Fire Station No. 1 Roof Replacement Project, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approval Page 234 of 468 et March 28, 2019 City of Waterloo Attn: Mark Boesen 715 Mulberry Street Waterloo, Iowa 50703 RE: Fire Station No. 1 Roof Replacement Mr. Boesen: On March 28, 2019 bids were received for the Fire Station No. 1 Roof Replacement project. A total of 3 bids were received, ranging from $239,500.00 to $292,950.00. The apparent low bidder is Service Roofing Company of Waterloo, Iowa, with a bid price of $239,500.00. We have confirmed that Service Roofing Company's bid is complete and thorough and is in line with the project estimate. Therefore, we recommend approval of Service Roofing Company's bid. Sincerely, Ouvr1 Pam Johnson, AIA Architect IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII fl 1,11'1 1 ir,i Ji i?diJt, , I ir/ii'r2)i'11 Hii 1 Page 235 of 468 CITY OF WATERLOO Council Communication Request by the Waterloo Community School District to vacate, sell and convey a portion of Littlefield Road and Linbud Lane lying south of Sager Avenue in the amount of $1.00, subject to the retention of a utility easement over, under and upon the entire area of Linbud Lane to be vacated, just north of 1239 Sheldon Street (Fred Becker Elementary School). City Council Meeting: 4/1/2019 Prepared: 3/13/2019 REVIEWERS: Department Reviewer Action Date n'nng&/ofW! Schroeder, .Aric Approved 3/'1/2019 i0:p"7 AM lace C^°,v� : p:,e.A. m Approved. 3/27/2019 ... i0 19 AM ATTACHMENTS: Description Council Lir Atta4:.lrnmenta ... Vacate 1:..,lttpeiieid 14d and Linbud V...,n SUBJECT: Submitted by: Recommended Action: Type (..".ever r 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 to vacate a portion of Littlefield Avenue and Linbud Lane right-of-way lying south of Sager Avenue, subject to the retention of a utility easement over under and upon the entire area of Linbud Lane 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 Approval with the retention of a utility easement over, under and upon the entire area of Linbud Lane to be vacated. Transmitted is a request by the Waterloo Community School District to vacate, sell and convey a portion of Littlefield Road and Linbud Lane lying south of Sager Avenue in the amount of $1.00, just north of 1239 Sheldon Street (Fred Becker Elementary School). This was initially requested in September of 2010, however, it was only Littlefield Road that was proposed to be vacated at that time. The request was approved by the Planning and Zoning Commission, but it did not proceed to the City Council. Staff requested that the applicant provide a Page 236 of 468 Summary Statement: survey to create a legal description of that part of Littlefield Road due to the there being curved right-of-way lines. No survey was ever provided and the request did not proceed to the City Council. The city's land surveyor did a survey of that part of Littlefield Road and Linbud Lane in December 2018 and legal descriptions have been created for both areas. There is a sanitary sewer in the portion of Linbud Lane, therefore an easement will need to be maintained over that vacate area. At their March 5, 2019 meeting the Planning, Programming and Zoning commission voted unanimously to recommend approval of the vacate with the condition that a utility easement over, under and upon the entire area of Linbud Lane to be vacated.. Expenditure Required: None Source of Funds: N/A Policy Issue: Right -of -Way Alternative: N/A Parcel "F" Description: Legal Descriptions: That portion of platted Littlefield Road, lying south of platted Janney Avenue (now Sager Avenue) in Alabar Hills Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the southwest corner of Block 3, Alabar Hills Addition: thence South 89°16'18" West 60.00 feet along the south line of Alabar Hills Addition to the southeast corner of Block 4, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 4 to a point of tangency; thence northerly and westerly 23.52 feet along the east line of Block 4 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°46'41" with a long chord of 21.18 feet and bearing North 45°40'32" West to a point of tangency on the north line of Block 4, said north line also being the south line ofplatted Janney Street which is now known as Sager Avenue; thence North 89°16'18" East 89.98 feet along the south line of Sager Avenue to a northwest corner of Block 3, Alabar Hills Addition and a point of tangency; thence southerly and westerly 23.59 feet along the west line of Block 3 on a 15 foot radius curve concave southeasterly, said curve having a delta angle of 89°54'30" with a long chord of 21.23 feet and bearing South 44°13'33" West to a point on tangency on the west line of Block 3; thence South 00°49'12" East 99.98 feet along the west line of Block 3 to the point of beginning, containing 6,997 square feet. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89°16'18" East for the purpose of this description. Parcel "G" Description: That portion ofplatted Ardmore Street (now Linbud Avenue), lying south of platted Janney Avenue (now Sager Avenue) in Alabar Hills Addition, City of Page 237 of 468 Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the southeast corner of Block 3, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 3 to a point of curvature; thence northerly and westerly 23.54 feet along the east line of said Block 3 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°54'29" with a long chord of 21.20 feet and bearing North 45°46'27" West to a point of tangency on the north line of Block 3, said north line also being the south line of platted Janney Avenue, which is now known as Sager Avenue; thence North 89°16'18" East 44.98 feet along the south line of Sager Avenue to the east line of Alabar Hills Addition, said east line also being the east line of the Northwest 1/4 of Section 28, Township 89 North, Range 13 West of the Principal Meridian; thence South 00°49'12" East 115.00' along the east line of Alabar Hills Addition to a southeast comer of said Addition; thence South 89°16'18" West 30.00 feet along a south line of Alabar Hills Addition to the point of beginning, containing 3,498 square feet and reserving a public utility easement over, under, upon, and across said Parcel G. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89°16'18" East for the purpose of this description. Page 238 of 468 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: March 5, 2019 Request by the Waterloo Community School District (WCSD) to vacate all of Littlefield Road and Linbud Lane lying south of Sager Avenue, just north of Fred Becker Elementary School. Waterloo Community School District, 1516 Washington Street, Waterloo, IA 50702. The WCSD is requesting to vacate the two portions of right-of-way to incorporate it with the elementary school site, which is located at 1239 Sheldon Street. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The nearest recreational trail is located approximately a 1/2 mile to the west along the west side of Katoski Drive. The area where the two right-of-ways are located are zoned "R-2" One and Two Family Residence District, and have been zoned as such since the adoption of the Zoning Ordinance in February of 1969. The surrounding area is comprised of predominately single-family housing, with the majority of the housing being constructed in the late 1950s to 1960s. Fred Becker Elementary School was constructed just to the south in 2010. No buffers or additional screening are needed with this request. Vacating the right-of-ways of would not appear to have a negative impact on drainage in the area, as there are no storm sewers located within the areas to be vacated. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. There are no parks located within the immediate vicinity of the area, however, there is open space located to the southeast of the elementary school. Vacate Littlefield Rd and Linbud Ln S of Sager Ave PgDgLP23f of 468 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 5, 2019 There is a 10" sanitary sewer within the right-of-way of Linbud Lane and a utility easement will need to be retained over the entire area that is vacated. There are no known utilities within the right-of-way of Littlefield Road. There is a 12" sanitary sewer and 6" water main located within Sager Avenue to the north. The Future Land Use Map designates this area as Low Density Residential, and the proposed vacates would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The WCSD is requesting to vacate the right-of-way Littlefield Road and Linbud Lane lying just south of Sager Avenue. This was initially requested in September of 2010, however, it was only Littlefield Road that was proposed to be vacated at that time. The request was approved by the Planning and Zoning Commission, but it did not proceed to the City Council. Staff requested that the applicant provide a survey to create a legal description of that part of Littlefield Road due to the there being curved right-of-way lines. No survey was ever provided and the request did not proceed to the City Council. The Zoning Ordinance requires that any matter requiring review and recommendation of the Commission shall only be valid for a period of one year if such matter has not been acted on by the City Council or Board of Adjustment. The city's land surveyor did a survey of that part of Littlefield Road and Linbud Lane and legal descriptions have been created for both areas. Linbud Lane is now being included with this request due to the WCSD owning all of the land directly to the south. At the time when the request first came before the Commission, the WCSD was in the process of constructing Fred Becker Elementary School. There is no platting required for this request. Therefore, staff recommends that the request to vacate Littlefield Road and Linbud Lane right-of-ways lying just south of Sager Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. Subject to the following condition(s): 1. That a utility easement is retained over, under and upon the entire area of Linbud Avenue lying south of Sager Avenue. Vacate Littlefield Rd and Linbud Ln S of Sager Ave PgdEP NV of 468 City of Waterloo Planning, Programming and Zoning Commission March 5, 2019 R-1 MAYNARD rDAVE cC J_ 0 R -2,C -Z R-4 uJ W F- O w o Q = o 7 UPTON AVE COACH N AVt MAYNARD AVE YNARD AVE R-2 z z 0 SHADY LN I UPTONI AVE BAUCH ST o M-1 STRATFORD AVE EVERGREEN AVE ARK R-3 I TUNIS CR' FALLS AVE SER E LL d R-4" 0 0 O O u R-3 )N RD A-1 ALA 00 LL U HARTMAN W cc0 Z 0 MIRAD DR * '8 DR" R-3 3 6o W z LcLtJW (c2 W cr 0 p 0 S. R-2 GARDEN AVE HUNTINGTON RD 0 z w DOWNING AVE GARDEN AVE C2 C -2,C -Z R-3 C -1,C -Z C-1 R-3 cc C-2 ATH ON R -3,C -Z R-1 R-4 w 0, 5 ORIOLE AVE ANSBOROUGH AVE R-4 o W. 3RD K 0 HOME PARK BLVD North of 1239 Sheldon Street ROW Vacate Waterloo Public Schools Page 241 of 468 City of Waterloo Planning, Programming and Zoning Commission March 5, 2019 IMI'm'A'Muu11,I6Y�ViM1V4h1�y1�1�1�1 1m11'101116! 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Castle City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Survey Parcels "F" & "G" of the NW 1/4, Sec. 28, T89N, R 13W, City of Waterloo, Black Hawk County, Iowa Parcel "F" Description: That portion of platted Littlefield Road, lying south of platted Janney Avenue (now Sager Avenue) in Alabar Hills Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the southwest corner of Block 3, Alabar Hills Addition: thence South 89°16'18" West 60.00 feet along the south line of Alabar Hills Addition to the southeast corner of Block 4, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 4 to a point of tangency; thence northerly and westerly 23.52 feet along the east line of Block 4 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°46'41" with a long chord of 21.18 feet and bearing North 45°40'32" West to a point of tangency on the north line of Block 4, said north line also being the south line of platted Janney Street which is now known as Sager Avenue; thence North 89°16'18" East 89.98 feet along the south line of Sager Avenue to a northwest corner of Block 3, Alabar Hills Addition and a point of tangency; thence southerly and westerly 23.59 feet along the west line of Block 3 on a 15 foot radius curve concave southeasterly, said curve having a delta angle of 89054'30" with a long chord of 21.23 feet and bearing South 44°13'33" West to a point on tangency on the west line of Block 3; thence South 00°49'12" East 99.98 feet along the west line of Block 3 to the point of beginning, containing 6,997 square feet. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89016'18" East for the purpose of this description. Parcel "G" Description: That portion of platted Ardmore Street (now Linbud Avenue), lying south of platted Janney Avenue (now Sager Avenue) in Alabar Hills Addition, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Beginning at the southeast corner of Block 3, Alabar Hills Addition; thence North 00°49'12" West 100.02 feet along the east line of said Block 3 to a point of curvature; thence northerly and westerly 23.54 feet along the east line of said Block 3 on a 15 foot radius curve concave southwesterly, said curve having a delta angle of 89°54'29" with a long chord of 21.20 feet and bearing North 45°4627" West to a point of tangency on the north line of Block 3, said north line also being the south line of platted Janney Avenue, which is now known as Sager Avenue; thence North 8901618" East 44.98 feet along the south line of Sager Avenue to the east line of Alabar Hills Addition, said east line also being the east line of the Northwest 1/4 of Section 28, Township 89 North, Range 13 West of the Principal Meridian; thence South 00°49'12" East 115.00' along the east line of Alabar Hills Addition to a southeast corner of said Addition; thence South 89016'18" West 30.00 feet along a south line of Alabar Hills Addition to the point of beginning, containing 3,498 square feet and reserving a public utility easement over, under, upon, and across said Parcel G. The south line of Blocks 3 and 4, Alabar Hills Addition is assumed to bear South 89°16'18" East for the purpose of this description. Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the lowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. Parral lattarc "F" R "l:" acc innari h i tha Rlark Hnvuk f n¢mfir ❑iirlihnr'e lyre nn Plat of Survey Parcels "F" & "G" of the NW 1/4, Sec. 28, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Curve Table: C1 Radius: 15' (15.00') Length: (23.54') Delta: 90° (89°54'29") Long Chord (LC): (21.20) LC Bearing: (N 45°46'27" VV) C2 Radius: 15' (15.00) Length: (23.59') Delta: 90° (89°54'30") Long Chord (LC): (21.23') LC Bearing: (S 44°13'33" W) C3 Radius: 15' (15.00 Length: (23.52') Delta: 90° (89°46'41") Long Chord (LC): (21.18') LC Bearing: (N 45°40'32" W) C4 Radius: 480.03' (480.03) Length: (229.40') Delta: 27°52' (27°12'52") Long Chord (LC): (227.23) LC Bearing: (N 76°58'27" W) C5 Radius: 15' (15.00) Length: (26,09) Delta: (97°42'27") Long Chord (LC): (22.59) LC Bearing: (S 65°55'20" LN) C6 Radius: 270.06' (270.06') Length: (84.25') Delta: (17°52'30") Long Chord (LC): (83.91') LC Bearing: (S 08°07'51" W) C7 Radius: 330.06' (330.06') Length: 116.05' (118.17') Delta: (20°30'49") Long Chord (LC): (117.54') LC Bearing: (N 09°27'00" E) 08 Radius: 15' (15.00') Length: (21.62') Delta: (82°34'51') Long Chord (LC): (19.80') LC Bearing: (N 21°35'01" W) (4,6,‘,(0960.9 1'J 60' 76, 9G 4s, i Block 4, Alabar Hills Addition 3 2 00' 60' 90' (89.98') (N 89°16'18" E) 55 Sager Avenue 45' (44-98') 60' ROW (N 89°16'18" E) C3 0T o) bo oo z 60 p C2 (54.94) o' • 185' (N 89°16'18" E 180.94') 65' 65' 55 Block 3, Alabar Hills Addition 2 65' 55' o - o =7-7 ..1:11' oo z 70' 0 0 h East line of Alabar Hills Addition & NW 1/4, Sec. 28, T89N, WSW (S 00°49'12" E 532,05') 270' (269.87) (S 89°16'18" W) 60' (60.00') (S 89°16'18" W) POB Parcel F Remainder of Lot 28, Littlefield Addition, NW 1/4, Sec. 28, T89N, 13W 270' (269.88') (S 89°16'18" W) POB Parcel G 30' (30.00') (S 89°1618"W) 8 8 115' (8 0004912" E 115.00') a 24 135' 5 135' S 23 6 0 0 22 7 8 co u5 ;y. 1 • © 20 9 8 1" 1© 8 18 11 b Bieck 2, p 17 Hills Addition 135' Alabar 12 165' b • 0 16 55' 15 65' 14 65' 13 55' 90' (89.98') (N 89°16'18" E) 55 Sager Avenue 45' (44-98') 60' ROW (N 89°16'18" E) C3 0T o) bo oo z 60 p C2 (54.94) o' • 185' (N 89°16'18" E 180.94') 65' 65' 55 Block 3, Alabar Hills Addition 2 65' 55' o - o =7-7 ..1:11' oo z 70' 0 0 h East line of Alabar Hills Addition & NW 1/4, Sec. 28, T89N, WSW (S 00°49'12" E 532,05') 270' (269.87) (S 89°16'18" W) 60' (60.00') (S 89°16'18" W) POB Parcel F Remainder of Lot 28, Littlefield Addition, NW 1/4, Sec. 28, T89N, 13W 270' (269.88') (S 89°16'18" W) POB Parcel G 30' (30.00') (S 89°1618"W) 8 8 115' (8 0004912" E 115.00') o•••o•VotoZ p",§,01",5 "tilvd•ou„'"ANfioir'1 Ovi • .9'r/7 I'Is 9 I 4 11 Pe/ 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: Waterloo CSD Address: 1516 Washington St PhoneNo.: 433-1800 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): Littlefield Road and Linbud Lane right-of-way north of 1239 Sheldon Street and south of Sager Avenue. Legal description of area to be conveyed, vacated, or encroached: See attached survey. 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 CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: Retain easement over entire portion of Linbud Ln. ROW 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for de request. J /� Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 246 of 468 CITY OF WATERLOO Council Communication FY 2019 Street Reconstruction Program, Contract No. 965. City Council Meeting: 4/1/2019 Prepared: 3/25/2019 REVIEWERS: Department Reviewer Action Date °ening; .K..nutscn, jam] a.;.Approved 3/2,6/2019 .. 3:2,2 PM LeAnn. Approved :3/2,7/2,019 ... 9.114 AM ATTACHMENTS: Description Type D Bid "1°dbidatiion. 3acku.up Maternal SUBJECT: Submitted by: Expenditure Required: Source of Funds: 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, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Dennis Gentz, PE, Assistant City Engineer Page 247 of 468 FY19 Street Reconstruction Program, Cont. 965 Bid Tab: March 28, 2019 Estimate: Alt. A: $3,593,331.45 Alt. B: $3,958,604.16 Bidder Bid Security Bid Amount ASPRO, Inc. Waterloo, IA 5% Alt. A: $3,640,089.68 Alt. B: No Bid Page 248 of 468 CITY OF WATERLOO Council Communication Resolution approving an agreement with the Waterloo Water Works for water main replacements in conjunction with FY 2019 University Avenue Reconstruction Phase 2 - Midway Drive to Greenhill Road, Contract No. 934, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/21/2019 REVIEWERS: Department Clerk. Office f'_ice SUBJECT: Submitted by: S ummary S tatement: Source of Funds: Reviewer Knutson, Jai' Even. LeAni� Action Approved Approved Date 3/26/2019 ... 3:23 isM 3/27/2019 ... 10:35 AM Resolution approving an agreement with the Waterloo Water Works for water main replacements in conjunction with FY 2019 University Avenue Reconstruction Phase 2 - Midway Drive to Greenhill Road, Contract No. 934, and authorize the Mayor and City Clerk to execute said document. Submitted By: Jeff Bales, Associate Engineer The City of Waterloo will be responsible for the cost of the reconstruction of the street and the Waterloo Water Works will be responsible for the cost of the water main replacement. The City will process the payments to the contractor and will then be reimbursed by the Waterloo Water Works. Based on the low bidder, PCI, the total project costs for this agreement amounts to $1,490,777.00. The WWW will reimburse this amount to the C ity. Street Recon portion - University Avenue Transfer of Jurisdiction Funds Water Main portion - Waterloo Water Works Funds Page 249 of 468 CITY OF WATERLOO Council Communication Resolution approving a five (5) year Equipment Use Agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for the periodic use of airport -owned ground support equipment, for Livingston Aviation to accommodate large aircraft charters, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department Reviewer Action Date Airport Kaspari, e th.Approved 3/27/2019 ... i 0:48 A.M t .1crllk Office 1?vcr: 1e.Arm.Approved 3/27/2019 - 11:04 AM_ ATTACHMENTS: Description Type D 032720/9 Ca p -ay op Equippmen. i.) 4 a^ Agreement Cover Memo D Picture No: p o1 Baggage Bel V.,ura licr Cover .Memo D Picture No: 2 or g ver Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving a five (5) year Equipment Use Agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for the periodic use of airport -owned ground support equipment, for Livingston Aviation to accommodate large aircraft charters, and authorize the Mayor and City Clerk to execute said document. Submitted By: Keith Kaspari, Director of Aviation Approve the request by Airport Staff, and direct the Mayor and City Clerk to execute the agreement. N/A No expenditures needed nor requested. The airport department will receive $100.00 per use from Livingston Aviation for the use of the baggage belt loader. Example: When Livingston Aviation "Ground Handles" large charter aircraft (Exs: Boeing 737 / MD -80) Series aircraft, due to the height of the baggage hold on the above class of aircraft, Livingston Aviation Staff would build the cost of the use of the baggage belt loader into the costs of ground handling the aircraft. Policy Issue: Not Applicable Page 250 of 468 Alternative: Background Information: There are no alternatives to this request to Senior City Leadership and Members of the Council. The Airport Department has the only baggage belt loader on the airfield. Therefore, to accommodate large charter aircraft, allows the ability of Livingston Aviation to professionally ground handle large classes of aircraft. On the other hand, it also allows the airport department to receive a little extra revenue. For years, the practice of the airport allowing the Livingston Aviation to use the airport -owned baggage belt loader, was allowed to happen, however, without the execution of a formal "Use Agreement." As you can see from the copy of the agreement, it now formalizes the use of the belt -loader, yet includes language regarding the proper training and use of the aircraft, accidental damage of the equipment during its use, and other pertinent language that protects the City of the event of mis-use, etc. This agreement is expected to run from April 1, 2019 thru March 31, 2024. Legal Descriptions: Not Applicable Page 251 of 468 EQUIPMENT USE AGREEMENT BETWEEN CITY OF WATERLOO, IOWA dba Waterloo Regional Airport AND LIVINGSTON AVIATION, INC. EFFECTIVE April 1, 2019 Page 252 of 468 EQUIPMENT USE AGREEMENT Between CITY OF WATERLOO, IOWA dba Waterloo Regional Airport and Livingston Aviation, Inc. THIS RENTAL AGREEMENT ("Agreement'), is made and entered into as of this 1st day of April, 2019 (Effective Date, April 1, 2019) by and between the CITY OF WATERLOO, IOWA dba Waterloo Regional Airport, at 2790 Livingston Lane, Waterloo, IA 50703, hereinafter referred to as "Airport" or "Airport" and Livingston Aviation, Inc. hereinafter referred to as "FB0". WITNESSETH: WHEREAS, FBO desires that Airport lease certain ground support equipment (hereinafter called "equipment") to FBO at the Waterloo Regional Airport (hereinafter called "Airport", and WHEREAS, Airport desires that FBO lease certain ground support equipment (hereinafter called "equipment") from Airport at the Premises. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows: Section 1 LOCATION, TERM, AND RENTAL FEES Subject to the provisions hereinafter set forth, Airport shall lease to FBO, certain equipment as described and more as specifically identified below: LOCATION: Waterloo Regional Airport TERM: Five (5) years commencing April 1, 2019 and terminating March 31, 2024 EQUIPMENT: Aircraft Baggage Belt Loader RENTAL FEE: FBO agrees to lease from the Airport the Baggage Belt Loader at the rate of One Hundred Dollars ($100.00) per scheduled Charter arrival or departure (per use) as needed to support the ground handling operations of FBO. 2 Page 253 of 468 Section 2 Terms and Conditions I. Airport agrees to the following conditions and responsibilities. A. Trained FBO personnel will be the only operators of the truck for Charter Ground Handling operations at the airport. B. Airport will be responsible for and provide initial and annual recurrent training and certification for all operators of the Aircraft Baggage Belt Loader. Written documentation of completed training and certification will be provided to both the Airport Director and FBO General Manager for the airport and FBO's training records. C. Airport will be responsible for all repairs, normal wear and tear excepted, while the Baggage Belt Loader is in the possession of the FBO. D. The Fixed Base Operator (FBO) will be responsible for all repairs of the equipment, the subject aircraft or injuries or worse to FBO or Charter Airline employee/s, resulting from acts of negligence, damage, or misuse while the Baggage Belt Loader is in the possession of the Fixed Base Operator (FBO). II. The Airport makes the following representations and agrees to the following conditions and responsibilities: A. The City of Waterloo and Waterloo Regional Airport owns the Baggage Belt Loader. B. The Airport will be responsible for performing maintenance and providing the associated parts that results from "Normal Wear and Tear" of the equipment, however cost of maintenance and parts necessary to repair equipment resulting from negligence, damage or misuse of the equipment by FBO personnel will be paid by Airport but reimbursed by FBO. If equipment is damaged by FBO personnel, and placed out of service until repaired, FBO will reimburse the Airport for the daily revenue received by the Scheduled Airline at the current daily rate of revenue as invoiced by the Airport to the Airline at the rate of $25.00 per day. C. The equipment is owned by the City of Waterloo and the Waterloo Regional Airport, and is hereby designated for use by the Scheduled or Signatory Airline serving Waterloo, in addition for use by the Fixed Base Operator. If the schedule exists whereby the operational need for the equipment is required by both Scheduled Airline and the FBO, at or around the same time of day, the Scheduled Airline will have priority use of the equipment until the ground handling operation is completed by the Airline to allow FBO to use the equipment. 3 Page 254 of 468 Section 3 Payment Airport shall invoice FBO at the rate of One Hundred Dollars and No Cents ($100.00) per scheduled arrival or departure of Charter aircraft that frequents the Waterloo Regional Airport, and for the use of the Baggage Belt Loader for the FBO to provide professional ground handling services to said Charter aircraft. Payment is due and payable within thirty (30) days following the invoice date. Airport shall submit invoices in reasonable detail for any charges due hereunder, and not previously invoiced, on a monthly basis. All invoices are to be mailed to: Livingston Aviation, Inc. Attn: Mr. Tim Newton, General Manager & Co -Owner Waterloo Regional Airport 2814 Betsworth Drive Waterloo, IA 50703 All amounts due hereunder shall be paid by and in full without set aside by FBO within Thirty (30) days after the date of invoice. Section 4 Disputes of Either Party If FBO disputes any invoice rendered or amount paid, FBO will so notify Airport, and the parties will use all reasonable efforts to resolve such dispute expeditiously. Section 6 Representations and Warranties Airport makes no warranties, express, implied or statutory, including but not limited to the implied warranties of the merchantability or fitness for a particular purpose, except Airport does represent and warrant that, at the time of delivery of the leased equipment to FBO, title to the equipment will be vested with Airport, and Airport represents and warrants that it has and will at all times have good and valid title / ownership of the Belt Loader, free and clear of any and all liens and other encumbrances, and Airport also represents and warrants that each such item of equipment complies with all applicable Federal Aviation Regulations (if applicable), is serviceable and in good condition, and is certified for use for aircraft or aviation ground handling operations. Airport further agrees that it has complied, and will comply, with all applicable laws, regulations, standards, procedures and general requirements in its performance hereunder. 4 Page 255 of 468 Section 7 Quiet Enjoyment Airport represents, covenants and agrees that FBO shall quietly enjoy the use of the Baggage Belt Loader under the terms of this Agreement without hindrance or disturbance by Airport or by any other person or entity claiming through Airport, except as the terms and conditions of this Agreement otherwise allow. Section 8 Ownership FBO hereby acknowledges that the equipment hereunder is the property of the City of Waterloo and the Waterloo Regional Airport. Section 9 Indemnification FBO agrees to release, indemnify, hold harmless, and defend Airport, its' officers, directors, employees, agents, successors, and assigns, from and against any and all claims, losses, damages, and liabilities, causes of action, suits, judgements, and expenses caused or incurred during the Term of this Agreement, for the death of or bodily injury to any person and from the loss of, damage to or destruction of any property in any manner arising out of the lease or use of equipment hereunder except to the extent that such damage or injury is a result of the negligence or misconduct of Airport, or if such damage or injury is due to any breach of the representations, warranties or obligations of Airport. Section 10 Insurance FBO shall, at its expense, keep the equipment insured against loss, fire, theft, damage or destruction from any cause whatever, and such additional insurance against injury, loss or damage to persons or property arising out of the use or operation of the equipment as is customarily maintained by the owners of like property. The minimum coverages to be provided are: Comprehensive General Liability: Written in the minimum amount of $1,000,000 per occurrence with an annual aggregate limit of $2,000,000. Product Liability: Written in the minimum amount of $1,000,000 combined single limit Worker's Compensation: As required by applicable state statute. 5 Page 256 of 468 FBO shall name the City of Waterloo and the Waterloo Regional Airport as additional insured on their comprehensive general liability policy. Certificates of Insurance on all required policies confirming the required coverages shall be sent to: Waterloo Regional Airport Attn: Airport Director 2790 Livingston Lane Waterloo, IA 50703 All policies must give the Airport a 30 day notice in the event of cancellation for any reason Section 11 Term, Cancellation / Termination This Agreement shall commence on April 1, 2019 and continue thru March 31, 2024. Either party may cancel this Agreement upon ninety (90) days written notice to the other. Section 12 Governing Law This Agreement as made within, shall be construed in accordance with, and shall be governed by the laws of the State of Iowa, and the parties agree that venue lies in Waterloo and Black Hawk County, Iowa. Section 13 Severability If any provision of the Agreement shall be declared illegal, void, or otherwise unenforceable, the remaining provisions shall remain in full force and effect. Section 14 Non -Waiver Failure of Airport to insist upon strict performance of any of the terms and conditions herein shall not be deemed a waiver of any rights or remedies that Airport shall have and shall not be deemed a waiver of any subsequent default of the terms and conditions hereof. 6 Page 257 of 468 Section 15 Assignment This Agreement and the rights and obligations created hereunder shall not be assignable or delegated by either party hereto without the prior written consent of the other party; but, subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective successors, assigns, and legal representatives. Section 16 Notices Notices given hereunder shall be in writing and shall be deemed to have been given and delivered when deposited in the United States mail, Certified or Registered, with postage prepaid and addressed, or via overnight courier, or via personal delivery, if to the Waterloo Regional Airport, to: WATERLOO REGIONAL AIRPORT Attn: Airport Director 2790 Livingston Lane Waterloo, IA 50703 Ph: (319) 291-4483 and if to FBO, to: LIVINGSTON AVATION, INC. Attn: Mr. Tim Newton, General Manager 2814 Betsworth Drive Waterloo, Iowa 50703 PH: 319-234-1783 Or, to such other address as the respective parties hereto shall from time to time designate by notice to the other party. Section 17 Section Headings Section headings and captions contained herein are for convenience of reference only, and shall not be deemed in any manner to limit or restrict the content of the provision of which they relate. 7 Page 258 of 468 Section 18 Amendments; Counterparts This Agreement may not be amended, modified, discharged or waived orally or by course of conduct, but only by an agreement in writing, signed by or on behalf of the party against whom enforcement of any Amendment, modification, discharge or waiver is sought. This Agreement may be executed and delivered by facsimile and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the day and year first written above. The Parties hereto agree that faxed signature copies of this Agreement shall be deemed to be originals. AGREED AND ACCEPTED: City of Waterloo, Iowa Livingston Aviation, Inc. (FBO) By: Quetin M. Hart Signature: Title: Mayor Date: By: Timothy Newton Signature: Title: General Manager & Co -Owner Date: Witness: Witness: By: Kelley Felchle By: Signature: Signature: Title: City Clerk Title: Date: Date: 8 Page 259 of 468 „,i/o/111(/%///////P %////Jlllllllll(/////////, pinllbJJJ!(!!((dnm(( nll mni//////////////////////ar ,,ua////llllllnl������aaaaaaaaaaaaiiaa ,. //0/////'0' 'i///////////////////////////////////// rllllldllll(((((((((((l((r ,,,,,,,,, %i%U///////////////Lrrrrrrrrrrrrrrrr/////aa m d11170”, 11 %lliii,,,,rrrrrl, riia//rr; /i�l mmiaiaiaimmaiaiaiaia/ liriiii'; ,,,,,, 0/l/////LlllllllllllllllNlG - a/ ul%Illllll(�(�nlllll;; J rr. p/41i r/ l///l%/llllllllkle %%//ff//mm§§/SS mmmmmmmm l »»»»)w 'ff/////iUlpuUl/111 riii(,y k./.0/1/0. u��iilllllllllll��ll�%llS11111llll���������������������� 'T -- --"'. ,,ZiiilllslllllllllllllLXm • bili//aam; iaiU//aiaimmmmmaaaaaaaaam i ///!!!!!!!!!/me naaaa/////aa;;;11llllllllllll11111, ! //;;;;ii/////////////////// „ r lal///////ll*Jir! r prrtlld!lfmrr(� ,, ////llllllillll��,,,,uuuu�uuumx rr NuniJll ,,rrY��/llllL,,,,,,,,,,,,,ue,,,, ' muuuwf0 raliiirr ;.r.,,,,,. drliis oft 0000 V0NJ 0000000. 11111IIIIIIIUIIIIllll111h !V( 011 VIS 000 AA i l ij CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 3, to a Professional Services Agreement with AECOM, in an amount not to exceed $889,000, in conjunction with the FY 2019 University Avenue Reconstruction - Phase 2 (Midway Drive to Greenhill Road), Contract No. 934, and authorize the Mayor to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/26/2019 REVIEWERS: Department Reviewer Action Date t ung in e...nrnp Knutson, f arnnpa, Approved 3/27/2019 . 9:02 .A.M G:'Lrk Office p^',vcn p:,eAnn..Approved 3/27/2019. 10:48 AM ATTACHMENTS: Description D Corti; 8 upp Agr erneirnt No. 3 D Cont 934 Sup Ag ec:rnent SUBJECT: Submitted by: Summary Statement: Expenditure Required: Type Cover Memo Cover 1Vp emo Resolution approving Supplemental Agreement No. 3, to a Professional Services Agreement with AECOM, in an amount not to exceed $889,000, in conjunction with the FY 2019 University Avenue Reconstruction - Phase 2 (Midway Drive to Greenhill Road), Contract No. 934, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the reconstruction of University Avenue from Midway Drive to Greenhill Road. not to exceed $889,000.00 Source of Funds: University Avenue Transfer of Jurisdiction Funds Page 262 of 468 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO RECONSTRUCTION OF UNIVERSITY AVENUE FROM MIDWAY DRIVE TO U.S. 63 CONSTRUCTON-RELATED SERVICES UNIVERSITY AVENUE PHASE 2 — MIDWAY DRIVE TO GREENHILL ROAD SUPPLEMENTAL AGREEMENT NO. 3 WHEREAS, a Professional Services Agreement was entered into between City of Waterloo, Iowa, (Client), and AECOM Technical Services, Inc. (ATS), of Waterloo, Iowa, dated November 7, 2016, for preliminary and final design for reconstruction of University Avenue from Midway Drive to U.S. 63 in Waterloo, Iowa; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on March 12, 2018, for construction -related services for the University Avenue Phase 1 Project from Greenhill Road to Evergreen Avenue; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 2 on December 17, 2018, for preliminary and final design of the enhancements for the University Avenue Reconstruction Project from Midway Drive to U.S. 63 in accordance with the concepts developed in 2017 by AECOM and City staff; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 3 for construction -related services for the University Avenue Phase 2 Project from Midway Drive to Greenhill Road. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: I. Project Description The project consists of the construction of University Avenue Phase 2, from Midway Drive to Greenhill Road, a distance of approximately 4,040 linear feet. The project will include grading, paving, storm sewer, lighting and traffic signalization. This project will be completed under traffic, and will require complex traffic control and staging to maintain safety for the traveling public. II. Scope of Services The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Provide construction staking for horizontal and vertical controls for the project as follows: a. Set Project Control b. Set Stakes for Silt Fence c. Grading (GPS) Page 263 of 468 Page 2 d. Set Stakes for Storm Sewer e. Set Stakes for Paving f. Set Stakes for Trail Paving g. Set Stakes for Sidewalks h. Set Stakes for Modular Block Retaining Wall Set Stakes for Lighting j. Set Stakes for Traffic Signals k. Set Stakes for Type A Signs Set Stakes for Landscaping m. Set Stakes for Right -of -Way Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 5. Prepare bi-weekly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. The project completion date is November 20, 2020. Task 9. Provide weekly SWPPP reviews along with City of Waterloo and contractor personnel, as required by Iowa DNR and City of Waterloo. Task 10. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 11. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 12. Facilitate weekly construction progress meetings of project and complete minutes for each meeting. Task 13. Prepare weekly email update for distribution to City of Waterloo staff, citizens and other interested parties of the projects progress. Maintain updates as needed for media outlets. Provide information for the City of Waterloo to post on the city's website, and maintain Facebook page for the University Avenue Project. Also includes preparation of traffic maps/detour maps, individual maps for business owners, additional stakeholder meetings (a total of ten meetings are anticipated) and reports to City Council Work Sessions (a total of three presentations are anticipated) Page 264 of 468 Page 3 Task 14. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 15. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 16. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 17. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 18. Prepare and assist the Client with the final close-out documentation received from the Contractor. This project will use an electronic file sharing site during construction for access of construction documents by the Client and ATS. Close-out documents will be delivered in electronic format to the Client and include the following: Shop Drawings, Materials Certifications, Pay Estimates, Change Orders, Daily Inspection Reports, Pay Quantity Summary and Record Drawings. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be segregated from the fees in the original agreement and Supplemental Agreement Nos. 1 and 2. The estimated fee is Eight Hundred Eighty - Nine Thousand Dollars ($889,000.00). IV. In all other respects, the obligations of the Client and the Consultant shall remain as specified in the Professional Services Agreement dated November 7, 2016. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date Douglas W. Schindel, P.E. Associate Vice President APPROVED FOR CITY OF WATERLOO By: Date Quentin Hart Mayor O:\Administration\AGREE\SUPPLE\SA3 Wat University Ave Phase 2 CRS.doc Page 265 of 468 University Avenue Phase 2 - Midway Drive to Greenhill Road City of Waterloo, IA Construction Related Services 3/24/2019 STAFF HOUR ESTIMATE OJ pr F N N 0 CO a CO a,- 208 I 184 O N r CO co 2,780 I 160 0 0 N N N ,- 370 264 32 40 N co N,- CO r CO a N 7,136 I 5 O Oi Q a 0 U CO 40 N N 40 80 40 CO CO 518 I 0 o� 950 40 0 0 r (n ~ 0 O 0 O 1750 90 0 T N N 40 OJ CO 3,008 0 a 0 a UO N N ID c 0 0 N 148 0 a 0 0 N N `°Tr 40 40 Cr 0 a 40 40 20 0 of 180 m o cnna 40 40 0 C0 140 Project Prof. O 40 0 0 0 co 220 40 O N- 120 80 00 0) 40 a 0 40 O00 O Project Prof. N CO N 0 30 8 20 10 CO CO CO 152 Senior Prof. N O O N n Description of Work 1 Conduct Pre -Construction Conference 2 Construction Staking 3 Review Shop Drawings 4 Answer Design Questions 5 Prepare Pay Applications 6 Construction Site Visits - Design Personnel 7 Prepare Contract Change Orders 8 Field Observation 9 SWPPP Reviews 10 Reports to Client 11 Consider Contractor Modifications 12 Weekly Progress Meetings 13 Public Information Distribution including weekly updates 14 Field Review Near Project Completion 15 Final Project Field Review 16 File Administration 17 Record Drawings 18 Prepare Final Close Out Documentation TOTAL HOURS 0 0 0 O O 0 O O 0 O O O 1.- CO Oa c0' N CO COCr IA Yi Staff Hour Costs 0 I/I d � x o w � Page 266 of 468 CITY OF WATERLOO Council Communication Resolution approving award of contract to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $8,369,859.58, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2019 University Avenue Reconstruction - Phase 2, Contract No. 934, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department SUBJECT: Reviewer Action Date .Kanutson, JIR.arrue.Approved 3/27/2019 p.,LArm.Approved 3/27/2,019 i 0:17 AM i gyp: 3 AM Resolution approving award of contract to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $8,369,859.58, and approving the Contract, Bonds, and Certificate of Insurance for the FY 2019 University Avenue Reconstruction - Phase 2, Contract No. 934, and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Jeff Bales, Associate Engineer Expenditure Required: $8,369,859.58 Source of Funds: Background Information: University Ave Transfer of Jurisdiction Funds Waterloo Water Works Funds Bids received March 14th: PCI - $8,369,859.58 K. Cunningham Construction -$8,376,954.84 Engineer's Estimate - $8,567,562.71 Page 267 of 468 CITY OF WATERLOO Council Communication Resolution approving Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, in an amount not to exceed $23,920, in conjunction with the preparation of the State Revolving Fund (SRF) Sponsored Project applications, and authorize the Mayor to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/26/2019 REVIEWERS: Department Reviewer Action Date 1 ung inee...'nrng Knutson, f arrnua, Approved 3/27/2019 . 9:02 .A.M G:'Lrk Office t^',vcna p.,LAoan.Approved 3/27/2019 . 10:45 AM ATTACHMENTS: Description Type A.g reernent (/over Memo SUBJECT: Resolution approving Professional Services Agreement with Robinson Engineering Company of Independence, Iowa, in an amount not to exceed $23,920, in conjunction with the preparation of the State Revolving Fund (SRF) Sponsored Project applications, and authorize the Mayor to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: Premise of the agreement is as follows: The City of Waterloo is utilizing Iowa State Revolving Funds (SRF) for sanitary sewer projects. Current regulations allow SRF recipients the ability to apply for an opportunity to convert the interest on the SRF loans into dollars that can be used for storm water improvement projects (i.e. permeable pavements, bioswales, stream bank improvements). There is a limited amount of conversion money available, thus the SRF has developed a lengthy application process to fund these storm water projects. The next round of applications is due in September, but a number of steps must be met between now and then for the application to be accepted. If the application is approved and funding is made available, additional agreements for construction project design would be submitted to Council. Storm water projects included in the application are the Westdale Subdivision Swale (currently under design) and additional permeable paver alleys in downtown Waterloo. Expenditure Required: 24,840.00 Source of Funds: Storm Water Fees Page 268 of 468 Page 1 of 14 STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF WATERLOO AND ROBINSON ENGINEERING COMPANY FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT made as of April 1, 2019 between the City of Waterloo ("OWNER") and Robinson Engineering Company ("ENGINEER"). OWNER intends to complete an application for funding through the SRF Sponsored Projects Funding Source for the City of Waterloo (the "Project"). OWNER and Engineer in consideration of their mutual covenants herein agree in respect of the performance or furnishing of professional engineering services by ENGINEER with respect to the Project and the payment for those services by OWNER as set forth below. Execution of this Agreement by ENGINEER and OWNER constitutes OWNER's written authorization to ENGINEER to proceed on the date first above written with the first phase of the Basic Services described in Section 2 below and as further set forth in Exhibit A, "Further Description of Basic Engineering Services and Related Matters" ("Exhibit A") and in the other exhibits listed in Section 9 below. This agreement will become effective on the date first above written. Page 269 of 468 Page 2 of SECTION 1 — GENERAL 1.1 Standard of Care. ENGINEER shall perform for or furnish to OWNER professional engineering and related services in all phases of the Project to which this Agreement applies as hereinafter provided. ENGINEER shall serve as OWNER's prime design professional and engineering representative for the Project providing professional engineering consultation and advice with respect thereto. ENGINEER may employ such ENGINEER's Consultants as ENGINEER deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. ENGINEER shall not be required to employ any ENGINEER's Consultants unacceptable to ENGINEER, The standard of care for all professional engineering and related services preformed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar conditions at the same time and in the same locality. ENGINEER makes no warranties, express or unplied, under this Agreement or otherwise, in connection with ENGINEER's services. 1.2 Coordination with Other Documents It is the intention of the parties that the Standard General Conditions will be used as the General Conditions for the Project and that all amendments thereof and supplements there to will be generally consistent there with. Except as otherwise defined herein, the terns which have an initial capital letter in this Agreement and are defined in the Standard General Conditions will be used in this Agreement as defined in the Standard General Conditions. The term "defective" will be used in this Agreement as defined in the Standard General Conditions. 1.3 Definitions Wherever used in this Agreement the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.3.1 Additional Services. Additional Services means the services to be performed for or furnished to OWNER by ENGINEER described in Section 3 of this Agreement. 14 1.3.2 Agreement. Agreement means this Standard Form of Agreement between OWNER and ENGINEER for Professional Services including those exhibits listed in Section 9 of this Agreement. 1.3.3 Basic Services. Basic Services means the services to be performed for or furnished to OWNER by ENGINEER described in Section 2 of this Agreement. 1.3.4 Construction Cost. Construction Cost means the total cost to OWNER of those portions of the entire Project designed or specified by ENGINEER. Construction Cost does not include ENGINEER's compensation and expenses, the cost of land, rights- of-way, or compensation for or damages to properties, or OWNER's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to Section 4 of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 1.3.5 Contractor, Contractor means the person or entity with whom OWNER enters into a written agreement covering construction work to be performed or furnished with respect to the Project. 1.3.6 ENGINEER's Consultant. ENGINEER's Consultant means a person or entity having a contract with ENGINEER to perform or furnish Basic or Additional Services as ENGINEER's independent professional associate or consultant engaged directly on the Project. 1.3.7 Reimbursable Expense. Reimbursable Expenses means the expenses incurred directly in connection with the performance or furnishing of Basic and Additional Services for the Project for which OWNER shall pay ENGINEER as indicated in Exhibit B, "Payments to Engineer for Services and Reimbursable Expenses" ("Exhibit B"). 1.3.9 Standard General Conditions. Standard General Conditions means the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) of the Engineers Joint Contract Documents Committee. 1.3.10 Total Project Costs. Total Project Costs means the sum of the Construction Cost, allowances for contingencies, the total costs of design professional and related services provided by Page 270 of 468 Page 3 of ENGINEER and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others to OWNER under paragraph 4.4, 4.5 and 4.7 through 4.14, inclusive. SECTION 2 - BASIC SERVICES OF ENGINEER The duties and responsibilities of ENGINEER are set forth and supplemented as indicated in Exhibit A. SECTION 3 - ADDITIONAL SERVICES OF ENGINEER 3.1 Additional Services Requiring Authorization in Advance. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in paragraph 3.1.1 through 3.1.19, inclusive, as amended and supplemented as indicated in Exhibit A. These services are not included as part of Basic Services except to the extent otherwise provided in Exhibit A. These services will be paid for by OWNER as indicated in Section 6. 3.1.1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 3.1.2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 3.1.3. Services resulting from evaluation by ENGINEER during the Study and Report Phase at OWNER's request of alternative solutions in addition to those specified in Exhibit A. 14 3.1.4. Services resulting from significant changes in the scope, extent or character of the portions of Project designed or specified by ENGINEER or its design requirements including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, Drawings, Specifications, or Contract Documents, or are due to any other causes beyond ENGINEER's control. 3.1.5. Services resulting from facts revealed about conditions: 3.1.5.1 which are different from information about such conditions that OWNER previously provided to ENGINEER under paragraph 4.4 and upon which ENGINEER was entitled to rely; or 3.1.5.2. as to which OWNER had responsibility to provide information under paragraph 4.4 is such information was not previously provided. 3.1.6. Providing renderings or models for OWNER's use. 3.1.7. Preparing documents for alternate bids requested by OWNER for Contr'actor's work which is not executed or documents for out -of -sequence work. 3.1.8. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing and assisting OWNER in obtaining process licensing; detailed quantity surveys of materials, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 3.1.9. Furnishing services of ENGINEER's Consultants for other than Basic Services; and furnishing data or services of the types described in paragraph 4.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same under paragraph 4.4. Page 271 of 468 Page 4 of 14 3.1.10. Services attributable to a variation in the number of prime contracts from the number specified in Exhibit A for work designed or specified by ENGINEER. 3.1.11. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's office as required by Section 2. 3.1.12. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, Construction Management, Cost Estimating, Project Peer Review, Value Engineering and Constructability Review requested by OWNER; and performing or furnishing services required to revise studies, reports, Drawings, Specifications or Contract Documents as a result of such review processes. 3.1.13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documents. 3.1.14. Providing field surveys for design purposes, engineering surveys and staking to enable Contractor to proceed with its work, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 3.1.15. Preparation of operating, maintenance and staffing manuals to supplement Basic Services under paragraph 2.6.3. 3.1.16. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project (except for assistance in consultations which is included as part of Basic Services under paragraph 2.1.3 and 2.3.2). 3.1.17. Providing more extensive services required to enable ENGINEER to issue notices or certifications requested by OWNER under paragraph 4.12. 3.1.18. Other additional services performed or furnished by ENGINEER in connection with the Project, including services which are to be furnished by OWNER under Section 5, and services not otherwise provided for in this Agreement. SECTION 4 - OWNER'S RESPONSIBILITIES Except as otherwise provided in Exhibit A, OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER and shall bear all costs incident thereto: 4.1. Designate in writing a person to act as OWNER's representative with respect to the services to be performed or furnished by ENGINEER under this Agreement. Such person will have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project. 4.2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 4.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. 4.4. Furnish to ENGINEER, as requested by ENGINEER for performance of Basic Services or as required by the Contract Documents, the following: 4.4.1. data prepared by or services by others, including without limitation explorations and tests of subsurface conditions at or contiguous to the site, drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site, or hydrographic surveys; 4.4.2. the services of an independent testing laboratory to perform all inspections, tests and approvals of samples, materials and equipment prior to and after installation, or to evaluate the performance of materials, equipment and facilities of OWNER, prior to specification, and during construction; 4.4.3. appropriate professional interpretations of all the foregoing; 4.4.4. environmental assessments, audits, investigations and impact statements, and other Page 272 of 468 Page 5 of relevant environmental or cultural studies as to the Project, the site and adjacent areas; 4.4.5. field surveys for design purposes and property, boundary, easement, right-of-way, topographic and utility surveys or data, including relevant reference points; 4.4.6. property descriptions; 4.4.7. zoning, deed and other land use restrictions; and 4.4.8. other special data or consultations not covered in Section 2. OWNER shall be responsible for, and ENGINEER may rely upon, the accuracy and completeness of all reports, data and other information furnished pursuant to this paragraph. ENGINEER may use such reports, data and information in performing or furnishing services under this Agreement. 4.5. Provide, as required by the Contract Documents, engineering surveys and staking to enable Contractor to proceed with the layout of the work, and other special field surveys. 4.6. Provide official letter stating reason for access requests. ENGINEER will be responsible for getting final permission for access during project. 4.7. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER (including obtaining advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate with respect to such examination) and render in writing decisions pertaining thereto. 4.8. Provide approvals and permits from all governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER and such approvals and consents from others as may be necessary for completion of such portions of the Project. 4.9. Provide, as may be required for the Project: 4.9.1. accounting, bond and financial advisory, independent cost estimating and insurance counseling services; 14 4.9.2. such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project, including any that may be raised by Contractor; and 4.9.3. such auditing services as OWNER may require to ascertain how or for what purpose Contractor has used the moneys paid on account of the Contract Price. 4.10. Provide such inspection or monitoring services by an individual or entity other than ENGINEER as OWNER may desire to verify: 4.10.1. that Contractor is complying with any law, rule, regulation, ordinance, code or order applicable to Contractor's performing and furnishing the work; or 4.10.2. that Contractor is taking all necessary precautions for safety of persons or property and complying with any special provisions of the Contract Documents applicable to safety. ENGINEER does not undertake in this Agreement to perform the services referred to in 4.10.1 and 4.10.2 above. The identity of any individual or entity employed to perform such services and the scope of such services will be disclosed to ENGINEER. 4.11. Advise ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, Construction Management, Cost Estimating, Project Peer Review, Value Engineering and Constructability Review. If OWNER designates a person or entity other than, or in addition to, ENGINEER to represent OWNER at the site, OWNER shall define and set forth in an exhibit that is to be mutually agreed upon and attached to and make a part of this Agreement before such services begin, the duties, responsibilities and limitations of authority of such other party and the relation thereof to the duties, responsibilities and authority of ENGINEER. 4.12. Prior to the commencement of the Construction Phase, notify ENGINEER of any variations in the language of the Notice of Acceptability of Work, or of any notice or certification other than such Notice that ENGINEER will be requested to provide to OWNER or third parties in connection with the financing or completion of the Project. OWNER and ENGINEER shall reach agreement on the terms of Page 273 of 468 Page 6 of any such requested notice or certification and OWNER shall authorize such Additional Services as are necessary to enable ENGINEER to provide the notice or certification requested under this paragraph. 4.13. If more than one prime contract is to be awarded for work designed or specified by ENGINEER, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime contractors, and define and set forth the duties, responsibilities and limitations of authority of such person or entity and the relation thereof to the duties, responsibilities and authority of ENGINEER in an exhibit that is to be mutually agreed upon and attached to and made a part of this Agreement before such services begin. 4.14. Furnish to ENGINEER data or estimated figures as to OWNER's anticipated costs for services to be provided by others for OWNER (such as services pursuant to paragraph 4.4, 4.5 and 4.7 through 4.14, inclusive) and other costs of the types referred to in paragraph 2.1.5 so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER's opinion of Total Project Costs. 4.15. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and Substantial Completion and final payment inspections. 4.16. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or time of performance or furnishing of ENGINEER's services, or any defect or nonconformance in ENGINEER's services or in the work of any Contractor. 4.17. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 3.1 of this Agreement or other services as required. SECTION 5 - TIMES FOR RENDERING SERVICES 5.1. ENGINEER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. Unless specific periods of time or specific dates for providing services are specified in this Agreement, ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of construction contracts, construction 14 and initial operation of the Project including extra work and required extensions thereto. 5.2. If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of ENGINEER, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If OWNER has requested changed in the scope, extent or character of the Project, the time of performance of ENGINEER's services shall be adjusted equitably. 5.3. If OWNER fails to give prompt written authorization to proceed with any phase of services after completion of the immediately preceding phase, or if the Construction Phase has not commenced within the stipulated period identified in this Agreement after completion of the Final Design Phase or does not proceed in an orderly and continuous progression, ENGINEER may, after giving seven days' written notice to OWNER, suspend serviced under this Agreement. 5.4. If ENGINEER's services for design or during construction of the Project are delayed or suspended in whole or in part by OWNER: 5.4.1. for more than three months through no fault of ENGINEER, ENGINEER shall be entitled to equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect, among other things, reasonable costs incurred by ENGINEER in connection with such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised; or 5.4.2. for more than one year through no fault of ENGINEER, or if ENGINEER for any reason is required to render Construction Phase services more than one year after Substantial Completion is achieved, the rates and amounts of compensation provided for elsewhere in this Agreement will be subject to equitable adjustment to reflect, among other things, changes in the various elements that comprise such rates of compensation. 5.5. In the event that the work designed or specified by ENGINEER is to be performed or furnished under more than on prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more prime contractors (such as in the case Page 274 of 468 Page 7 of of fast -tracing), OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of ENGINEER's services during the Final Design, Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in Exhibit A whether or not the work under such contracts is to proceed concurrently. SECTION 6 - PAYMENTS TO ENGINEER FOR SERVICES AND REIMBURSABLE EXPENSES 6.1. Method of Payment for Services and Expenses of ENGINEER. 6.1.1. For Basic Services. OWNER shall pay ENGINEER for Basic Services performed or furnished under Section 2 on the basis set forth in Exhibit B. 6.1.2. For Additional Services. OWNER shall pay ENGINEER for Additional Services performed or furnished under Section 3 on the basis set forth in Exhibit B. 6.1.3. For Reimbursable Expenses. In addition to payments provided for in paragraph 6.1.1 and 6.1.2, OWNER shall pay ENGINEER for Reimbursable Expenses incurred by ENGINEER and ENGINEER's Consultants as set forth in Exhibit B. The amount payable for Reimbursable Expenses will include a factor to the extent so indicated in Exhibit B. 6.2. Other Provisions Concerning Payments. 6.2.1. Preparation of Invoices. Invoices for Basic and Additional Services and Reimbursable Expenses will be prepared in accordance with ENGINEER's standard invoicing practices and will be submitted to OWNER by ENGINEER at least monthly. The amount billed for Basic Services and Additional Services in each .invoice will be calculated on the basis set forth in Exhibit B. Invoices are due and payable on receipt. 6.2.2. Unpaid Invoices. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's invoice therefore, the amount due ENGINEER will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and, in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until 19 ENGINEER has been paid in full all amounts due for services, expenses and charges. Payments will be credited first to interest and then to principal. In the event of a disputed or contested billing, only that portion so contested may be withheld from payment, and the undisputed portion will be paid. 6.2.3. Payments Upon Termination 6.2.3.1. Termination by OWNER for Cause. In the event of termination by OWNER for cause under paragraph 8.1.1: 6.2.3.1.1. Upon the completion of any phase of Basic Services, progress payments due ENGINEER in accordance with this Agreement for all such services performed or furnished by ENGINEER and ENGINEER's Consultants through the completion of such phase will constitute total payment for such services. ENGINEER also will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses. 6.2.3.1.2. During any phase of the Basic Services, ENGINEER also will be paid for such services performed or furnished in accordance with this Agreement by ENGINEER during that phase through the date of termination on the basis specified in Exhibit B. ENGINEER also will be paid for the charges of ENGINEER's Consultant employed to perform or furnish Basic Services to the extent such services have been performed or furnished in accordance with this Agreement through the effective date of the termination. ENGINEER also will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses. 6.2.3.2. Termination by OWNER for Convenience. In the event of termination by OWNER under paragraph 8.1.2: 6.2.3.2.1. Upon the completion of any phase of Basic Services, progress payments due ENGINEER in accordance with this Agreement for all such services performed or furnished by ENGINEER and ENGINEER's Consultant through the completion of such phase will constitute total payment for such services. ENGINEER also will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses, and for termination expenses under subparagraph 6.2.3.2.3 below. 6.2.3.2.2. During any phase of Basic Services, ENGINEER also will be paid for such services perfonned or famished by ENGINEER during that Page 275 of 468 Page 8 of 14 phase through the date of termination on the basis independent cost estimator as provided in paragraph specified in Exhibit B. In addition, ENGINEER will be 4.9.1 paid for the charges of ENGINEER's Consultants employed to perform or furnish Basic Services through the effective date of the termination. ENGINEER also will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses, and for termination expenses under subparagraph 6.2.3.2.3 below. 6.2.3.2.3. hi the event of termination by OWNER for convenience during or at completion of any phase of Basic Services, OWNER shall pay ENGINEER's reasonable expenses directly attributable to termination in accordance with rates applicable to the various categories of Additional Services measured from the date of termination, including other fair and reasonable sums for overhead and profit, and costs of terminating contracts with ENGINEER's Consultants. 6.2.3.3. Termination by ENGINEER for Cause. In the event of termination by ENGINEER for cause under paragraph 8.1.1, ENGINEER shall be entitled to receive compensation calculated as set forth in paragraph 6.2.3.2. 6.2.4. Records of ENGINEER's Costs. Records of ENGINEER's costs pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost on request prior to final payment for ENGINEER's services. SECTION 7 OPINIONS OF COST 7.1. Opinions of Probable Construction Costs. ENGINEER's opinions of probably Construction Cost provided for herein are to be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER'S best judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market conditions, ENGINEER cannot and does not guarantee that proposals, bids or actual Construction Cost will not vary from opinions of probably Construction Cost prepared by ENGINEER. If OWNER wishes greater assurance as to probable Construction Cost, OWNER shall employ an SECTION 8 - GENERAL CONSIDERATIONS 8.1, Termination. The obligation to provide further services under this Agreement may be terminated: 8.1.1. For cause, 8.1.1.1. by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Notwithstanding the foregoing, this Agreement will not terminate as a result of such substantial failure if the party receiving such notice begins, within seven days of receipt of such notice, to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such thirtyOday period, and if such party has diligently attempted to cure the same and thereafter continued diligently to cure the same, then the cure period provided from herein shall extend up to, but in no case more than, sixty days after the date of receipt of the notice. 8. I.1.2. by ENGINEER: 8.1.1.2.1. upon seven days' written notice if ENGINEER believes that ENGINEER is being requested by OWNER to furnish or perform services contrary to ENGINEER's responsibilities as a licensed design professional; or 8.1.1.2.2. upon seven days' written notice if the ENGINEER's services for design or during the construction of the Project are delayed or suspended for more than ninety days for reasons beyond ENGINEER's control. 8.1.1.2.3. In the case of termination under this paragraph 8.1.1.2, ENGINEER shall have no liability to OWNER on account of such termination. 8.1.2. For convenience, by OWNER effective upon the receipt of notice by ENGINEER. 8.2. Reuse of Documents. Page 276 of 468 Page 9 of All documents including Drawings and Specifications provided or furnished by ENGINEER (or ENGINEER's Consultants) pursuant to this Agreement are instruments of service in respect of the Project, and ENGINEER and ENGINEER's Consultants, as appropriate, shall retain an ownership and property interest therein (including the right of reuse by and at the direction of ENGINEER and ENGINEER's Consultants, as appropriate) whether or not the Project is completed. OWNER may make and retain copies for information and reference in connection with the use and occupancy of the Project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extension of the Project or on any other project. Any such reuse without written verification or adaptation by ENGINEER and ENGINEER's Consultants, as appropriate, for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's Consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's Consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 8.3. Insurance. 8.3.1. ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. ENGINEER shall list OWNER as an additional insured on ENGINEER's general liability insurance policy. 8.4. Controlling Law. This Agreement is to be governed by the law of the principal place of business of ENGINEER. 8.5. Successors and Assigns. 8.5.1. OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators 14 and legal representatives of OWNER and ENGINEER (and to the extent permitted by paragraph 8.5.2 the assigns of OWNER and ENGINEER) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 8.5.2. Neither OWNER nor ENGINEER may assign, sublet or transfer any rights under or interest (including, but without limitation, moneys that may become due or moneys that are due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 8.5.3. Unless expressly provided otherwise in this Agreement: 8.5.3.1. Nothing in this Agreement shall be construed to create, impose or give rise to any duty owed by ENGINEER to any Contractor, Subcontractor, Supplier, other person or entity, or to any surety for or employee of any of them, or give any rights in or benefits under this Agreement to anyone other than OWNER and ENGINEER, 8.5.3.2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. The OWNER agrees that the substance of the provisions of this paragraph shall appear in the Contract Documents. 8.6. Dispute Resolution. If and to the extent that OWNER and ENGINEER have agreed on a method and procedure for resolving disputes between them arising out of or relating to this Agreement, such dispute resolution method and procedure, if any, is set forth in Exhibit G, "Dispute Resolution." OWNER and ENGINEER agree to negotiate in good faith for a period of thirty days from the date of notice of all disputes between them prior to exercising their rights under Exhibit G or other provisions of this Agreement, or under law. Page 277 of 468 8.7. Allocation of Risks — Indemnification. Page 10 of 14 certified mail, return receipt requested, by facsimile, or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 8.7.1. To the fullest extent permitted by law, ENGINEER shall indemnify and hold harmless OWNER, OWNER's officers, directors, partners, employees and agents from and against any and all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other dispute resolution costs) caused solely by the negligent acts or omissions of ENGINEER or ENGINEER's officers, directors, partners, employees, agents and ENGINEER's Consultants in the performance and furnishing of ENGINEER's services under this Agreement. The indemnification provision of the preceding sentence is subject to and Limited by the provisions agreed to by OWNER and ENGINEER in Exhibit %1, "Allocation of Risk", if any. 8.7.2. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, ENGINEER's officers, directors, partners, employees and agents and ENGINEER's Consultants from and against any and all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of OWNER or OWNER's officers, directors, partners, employees, agents and OWNER's consultant with respect to this Agreement or the Project. 8.7.3. In addition to the indemnity provided under paragraph 8.7.2 of this Agreement, and to the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER and its officers, directors, partners, employees and agents and ENGINEER's Consultants form and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or relating to the presence, discharge, release, or escape of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material at, on, under or from the Project site. 8.8. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears on the signature page to this Agreement (as modified in writing from time to time by such party) and given personally, by registered or 8.9. Survival. All express representations, indemnifications or limitations of liability made in or given in this Agreement will survive the completion of all services of ENGINEER under this Agreement or the termination of this Agreement for any reason. 8.10. Severability. Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and ENGINEER, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Page 278 of 468 SECTION 9- EXHIBITS AND SPECIAL PROVISIONS Page 11 of 14 9.1.2. Exhibit B, "Payment to Engineer for Services and Reimbursable Expenses", consisting of 1 pages. 9.1. This Agreement is subject to the provisions of the following Exhibits which are attached to and make a part of the Agreement: 9.1.1. Exhibit A, "Further Description of Basic Engineering Services and Related Matters", consisting of 2 pages. 9.2. This Agreement (consisting of pages 1 to 14, inclusive and the Exhibits identified above) constitutes the entire agreement between OWNER and ENGINEER and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement written. OWNER: City of Waterloo By: Quentin M. Hart Title: Mayor ATTEST: Kelley Felchle, CMC City Clerk Address for given notices: City Hall 715 Mulberry Street Waterloo, IA 50703 Contact Person: Jamie Knutson, PE, City Engineer Contact Address: City Hall 715 Mulberry Street Waterloo, 1A 50703 o be effective as of the date first above ENGINEER: 44)31-n/ca Robinson Engineerii g Company By: Monica Smith, PE Title: President Address for given notices: Robinson Engineering Company 819 Second Street NE Independence, IA 50644 Page 279 of 468 Page 12 of 14 This is EXHIBIT A, consisting of 1 pages, referred to in the Agreement between OWNER AND ENGINEER for Professional Services, dated March 26, 2019. Further Description of Basic Engineering Services and Related Matters Sections 2, 3, 4 and 5 of the Agreement are amended and supplemented and the time periods for the performance of the Basic Services as indicated in Section 5 of the Agreement are established, all as indicated below: The scope of services for this agreement is as detailed below. Scope of Services — Assembling Sponsored Projects Application for SRF 1. Review the Approved Sponsored Project Applications that are posted on the SRF website for the past six years. This includes 23 projects in 2013, 18 projects in 2014, 17 projects in 2015, 15 projects in 2016, 18 projects in 2017 and 9 projects so far for 2018. From this review details from each application will be compiled and any details that could help Waterloo's application will be compiled. Time: 16 hours 2. Determine details for possible projects for the application. This information will include locations, sizes, watershed location, preliminary construction budget, etc. At this time the Westdale Bioswale and two downtown alleys have been chosen for funding as a part of this application. Time: 8 hours 3. Coordinate with Amy Bouska as Urban Conservationist for our area. Will need to go over the proposed projects and their layout with Ms. Bouska to ensure she approves of the projects for the application. Time: 8 hours 4. Coordinate with SRF Staff and aid with the telephone call that is required as part of the application. This will include assembling the information required for the phone call and reviewing it with City Engineering Staff prior to the call. Time: 16 hours 5. Coordinate with Black Hawk Soil and Water Conservation District (SWCD) to ensure that they approve of the project and can provide a letter of support for the application. Time: 8 hours 6. Coordinate with the Middle Cedar Watershed Authority to ensure that they approve of the project and can provide a letter of support for the application. Time: 8 hours 7. Coordinate with any other group that could provide support for the application. This will include neighborhood groups or property owners adjacent to the project. Time: 8 hours 8. Review this proposed application with the Wastewater personnel to ensure that they approve of the application and are aware of any maintenance needs that will fall under their jurisdiction for the finished projects. A letter of approval from this department will be included with the application. Time: 8 hours Page 280 of 468 Page 13 of 14 9. Compile a presentation for the Waterloo City Council to educate them on the process, the benefits and any additional information that they will need to be able to approve the application. This presentation will be reviewed by the engineering department before being presented to the City Council. The City Council will need to approve a resolution for the project and application. This scope item will including giving the presentation to the Waterloo City Council and answer any questions that they may have. Time: 16 hours 10. Coordinate with the Bond Counsel to educate them so that they can provide a letter of support for the application and project. Time: 8 hours 1.1. Establish project goals and objectives for the application. This information will then be reviewed with the Engineering Department to ensure the goals are accurate. Time: 8 hours 12. Write a discussion for all proposed projects. These discussions will need to include the location, the need for land purchases or easements, the type of practice to be installed and the water quality outcome from the project. Time: 32 hours 13. Create a schedule for the project with major milestones. Time: 8 hours 14. Create evaluation procedures and measures for each project in the application. Time: 16 hours 15. Create a proposed budget for the project. Time: 8 hours 16. Assemble a preliminary communication plan for the project. Time: 16 hours 17. Final Assembly of Application Time: 16 hours These items must be completed by the SRF Sponsored Projects Application deadline. At this time that deadline is anticipated to be September 1, 2019. Page 281 of 468 Page 14 of 14 This is EXHIBIT B, consisting of 1 page, referred to in the Agreement between OWNER AND ENGINEER for Professional Services, dated March 26, 2019 Payments to ENGINEER for Services parties: Section 6 of the Agreement is amended and supplemented to include the following agreement of the SRF Sponsored Projects Application Project Total Project Estimate $23,920.00 $23,920.00 Page 282 of 468 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM, Inc., in an amount not to exceed $45,000, in conjunction with assisting the Waste Management Services Department with sanitary sewer related projects, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/26/2019 REVIEWERS: Department Reviewer Action Date Waste M an a e.i ambrecker, Stevena. .Approved 3/27/2019 ... i 0:43 AM C.lerlkOffice, i^°,via: 1,e.Ann.Approved 3/21/2049.. 10:58 AM ATTACHMENTS: Description Type D Memo to Waited( I"vi.xnyorr and (/iiy C:au,�u�c,u'q. Cover Met u..a D A.gr ennent Backup 1Material SUBJECT: Submitted by: Resolution approving Supplemental Agreement No. 1 to a Professional Services Agreement with AECOM, Inc., in an amount not to exceed $45,000, in conjunction with assisting the Waste Management Services Department with sanitary sewer related projects, and authorize the Mayor and City Clerk to execute said document. Submitted By: Steve Hoambrecker, Waste Water Management Department Director Page 283 of 468 March 27, 2019 CITY OF WATERLOO IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director Me o to Waterloo Mayor and City Council: RE: Planning and Engineering Supplemental Agreement #1 with AECOM Background Discussion A professional services agreement with AECOM was placed into effect in September of 2015 to generally cover related miscellaneous planning and engineering services related to implementation of the Consent Decree. There continues to be an ongoing need for similar related planning and engineering services. The supplemental agreement #1. will provide continued related planning and engineering services for such things as ongoing sewer modeling, SRF funding and other minor related sanitary and storm sewer related issues. The agreement would be for $45,000 for such services through June 2020. Recommended Action It is recommended that the city council approve the supplemental agreement No. 1 with AECOM in the amount of $45,000. Such services will be funded from the sewer fund. Page 284 of 468 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com PLANNING AND ENGINEERING SERVICES CITY OF WATERLOO, IOWA SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS) of Waterloo, Iowa, dated September 8, 2015, for Planning and Engineering Services to assist Waste Management Services Department for the City of Waterloo, Iowa; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 for continuation of Planning and Engineering Services through the end of the current fiscal year. Project Description The project is to provide planning and engineering services to assist the Waste Management Services Department and Engineering Department for sanitary sewer -related projects. This project will extend services through the end of June 2020. II. Scope of Services The Scope of Services to be provided under this supplemental agreement is as follows: The work to be performed by ATS will include work, materials, equipment and supplies necessary to continue to provide the services described in the tasks defined below similar to previous years. Task 1 - Evaluating Records and Associated Costs. Assist in evaluating existing records to establish the current costs for various activities performed by the Waste Management Services Department as requested: The current wastewater services activities include the sanitary sewer collection system maintenance and flood control. The breakdown of the costs for these activities will include estimates for the cost for each of the above areas for both residential/commercial flows and industrial flows. This information will be helpful in evaluating proposed industrial expansions, economic development opportunities and rates. Task 2 - Regulatory Assistance. Provide liaison with regulatory agencies associated with Waste Management Services. The agencies currently involved in these services include the Iowa Department of Natural Resources (IDNR), the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE). Task 3 - Funding Application Assistance. Assist in pursuing funding opportunities with various potential funding sources. This task will include reviewing potential grant and/or loan opportunities and assist in preparing grant and/or loan applications which may benefit the Client in Waste Management Services activities. Task 4 - Sanitary Sewer System Planning Assistance. Develop a priority system for implementing improvements in the Client's sanitary sewer collection system. The existing system experiences significant flow increases during wet weather conditions. The need to reduce the flows has been a long-standing need, and the Client has taken significant steps in reducing these extraneous flows in the past. Significant improvements remain to reduce wet weather flows to stay within the system capacity. Sanitary sewer improvements are needed in the public right-of-way and on the private property side to reach the goal of Page 285 of 468 AECOM Page 2 eliminating sanitary sewer overflows and sewer back-ups. This task will assist in prioritizing the sanitary sewer improvements and developing a long-range plan to implement the needed improvements. In addition, this task will assist the Client in developing a program and policy to address private source infiltration and inflow sources for future and existing portions of the sanitary sewer system. Task 5 - Assist with Inflow and Infiltration Evaluations. Assist the Client in monitoring the ordinance to eliminate extraneous flows from the sanitary sewer system, including footing drains and sump pump connections. Task 6 - Engineering Tasks. Assist the Client in small miscellaneous engineering tasks as requested. Task 7 - Hydraulic Modeling. Perform hydraulic modeling analysis for the sanitary sewer system on an as -needed basis, as requested by Client. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement and shall be integrated with the fees in the original agreement. The estimated fee is Forty -Five Thousand Dollars ($45,000.00). IV. In all other respects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated September 8, 2015. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: AECOM TECHNICAL SERVICES, INC. By Date March 27, 2019 Douglas W. Schindel, P.E. Associate Vice President APPROVED FOR CLIENT By: Date O:\Administration\AGREE\SUPPLE\SA1 Waterloo WM Planning and Engineering.doc Page 286 of 468 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Terracon Consultants, Inc. of Cedar Falls, Iowa, in an amount not to exceed $7,700, in conjunction with the Bio -solids Modification Project for Geotechnical (soil boring) services, and authorize the Mayor to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/26/2019 REVIEWERS: Department Reviewer Action Date Waste Marla geraaeurnt Hoatnripnrecker, Steven Approved 3/2.7/2019 ... 10:38 AM C.erk Office i^',vera p:,eAann. .Approved 3/2`//2019. 10:48 AM ATTACHMENTS: Description Type D Professional Seii vaa.,a° A.gn einem ➢ ack.up:r l\/i : aairu;:ap D Merino to VVIate. poua Mayor and City Coo Ba ku9) Mdiriw:�ui SUBJECT: Submitted by: Recommended Action: Resolution approving a Professional Services Agreement with Terracon Consultants, Inc. of Cedar Falls, Iowa, in an amount not to exceed $7,700, in conjunction with the Bio -solids Modification Project for Geotechnical (soil boring) services, and authorize the Mayor to execute said document. Submitted By: Steve Hoambrecker, Waste Management Services Department Director Approve the professional Services Agreement with Terracon C onsultants, Inc Expenditure Required: $7,700 Source of Funds: Sewer Fund using State Revolving Loan Fund Page 287 of 468 March 18, 2019 City of Waterloo Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50703 Attn: Mr. Steve Hoambrecker, P.E. Re: Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Mod ifications 3505 Easton Avenue Waterloo, Iowa Terracon Proposal No. P13105025 Dear Mr. Hoambrecker: 111.11111111.111111111,1 Terracon Consultants, Inc. (Terracon) appreciates the opportunity to submit this proposal to the City of Waterloo Waste Management Services (City of Waterloo WMS) to provide Geotechnical Engineering services for the above referenced pj ct. The enclosed Agreement for Services and Exhibits to the agreement comprise our proposal. Exhibit A Exhibit B Exhibit C Exhibit D Project Understanding Scope of Services Compensation and ProjecSchedule Requested Scope of Services Please note that Terracon is offering to reduce the number of borings requested for this project and provide a reduction to our proposed fee for the base scope of services requested. Authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a'pdf'file of the Agreement for Services to i@SoO.heiMz(aterracom.CVrn. Please also initial the authorization box in Exhibit C if the City of Waterloo WMS authorizes Terracon to perform a phased subsurface exploration and offer a potential reduction to the fee for the geotechnical scope of services. Sincerely, Terracon Consultants, Inc. )/ Rick Lockhart Office Manager Principal Co Mr. Sam Hocevar of Strand Associates, Inc. Jason P. Heinz, P.E. Department Manager Geotechnical Services Terracon Consultants, Inc. 3105 Capital Way, Ste. 5 Cedar Falls, Iowa 50613 P (319) 277 4016 F (319) 2774320 terracon.com ,.��'�.�~'� lierrac n Reference Number: P13195025 AGREEMENT FOR SERVICES This AGREEMENT is between City of Waterloo IA ("Client") and Terracon Consultants, Inc. ("Consultant") for Services to be provided by Consultant for Client on the Wastewater Treatment Plant Biosolids Modifications project ("Project"), as described in Consultant's Proposal dated 03/18/2019 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2 Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3 Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee. 4 Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties. 5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY POLICIES. 7 Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. 8 Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9 Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) Page 1 of 2 Rev. 4-18 9 Reference Number: P13195025 commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Client is additional insured with respect to general and auto liability. 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed according to Iowa law. 12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13 Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be fumished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are incorrectly shown on the plans fumished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. Consultant: Te By: Name/Title; ,--- acon Csjasyy _s, Inc,,,-- Inc.,.,-'"'" Date: 3/18/2019 ason P. Heinz / Dep ment Manager / Geotechnical Servids Address: 3105 Capital Way, Ste 5 Cedar Falls, IA 50613-7030 Phone: (319) 277-4016 Fax: (319) 277-4320 Email: Jason.Heinzaterracon.com Page 2 of 2 Client: City of Waterloo IA By: Date: Name/Title: Waste Management Services 3505 Easton Address: Ave Waterloo, IA 50702-2000 Phone: (319) 291-4553 Fax: Email: Page Ab 401846a Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 EXHIBIT A - PROJECT UNDERSTANDING lFerracirn Our Scope of Services is based on our understanding of the project as described by Strand Associates in the Request for Cost Proposal for Geotechnical Services (Exhibit D) and our correspondence with Strand Associates on March 12, 2019, as well as the expected site conditions summarized in the following sections of this proposal. Aspects of the project, undefined or assumed, are highlighted. We request that Strand Associates verify and provide the information, if available, prior to initiation of field services. Site Location and Anticipated Conditions Item Site Location Existing Improvements Current Ground Cover Existing Topography Anticipated Subsurface Conditions Description The project site is located 3505 Easton Avenue in Waterloo, Iowa. Refer to Exhibit D. Structures are present adjacent to or in the vicinity of the new structures planned and underground utilities are present at the plant. Existing fill, pavements, and grass The ground surface at the WWTP is relatively flat. Terracon has a significant amount of subsurface information at the Waterloo WWTP and performed construction testing services during various WWTP projects. Based on our experience at the site, the subsurface profile generally consists of existing fill over alluvial sands with fines and seams and layers of fine-grained soil. The composition of the existing fill varies, and its thickness is generally about 3 to 8 feet. Bedrock is expected to be at least 50 feet below existing grades within the proposed project areas. IR(Ns p o rms wv e Nil III I e s o m.i ul ei m.J III Nil III"S n I i ;1?Sh III o,2. ILNIIIIIII,IL1. A 'II oft Page 291 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 Planned Construction Item Project Description Proposed Construction Maximum Structure Loads and Contact Pressures Maximum Site Grading Description Refer to Exhibit D prepared by Strand Associates, Inc. lFerracirn uuuuu Three (3) lightly -loaded masonry buildings with slabs -on -ground are planned. Spread footing foundations are planned for the buildings; however, a depressed mat foundation is also being considered for the Ferric Building. uuuuu The Centrate Equalization Tank is proposed to be about 75 by 45 feet, extend about 22 feet below -grade, and be of cast -in-place reinforced concrete construction. uuuuu New pavements are also planned in the vicinities of the new structures. More detailed information for the improvements planned, including anticipated bearing elevations of the foundation, are included in Exhibit D. 111111111 Building walls: 111111111 Tank mat: 111111111 Building floor slabs: 3 kips per linear foot (klf) 1.5 to 3 kips per square foot (ksf) 200 pounds per square foot (psf) We considered that changes to the existing grades (i.e., cut and fill) will be 3 feet or less, for the purposes of preparing this proposal. ..4. u2s si p .^ 'Fvl u��u�,. „„ �.c �ruo^ ^ C���i' u�n, i;;; u�m III��.�...,,� p �.� n,�� w ��u � Nil III ��. �u� ���� ��� m.,ul ui �� i m.,ul III Nil III ��� wI� I � ���.,�i,� III �.��. IhNIIIIIII3112' A IIPR.02IIIIIIII:m"'ll"' LONIIl')IIIIIIIIPR: S' INDIIIII '2 of Page 292 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 EXHIBIT B - SCOPE OF SERVICES lFerracirn Our proposed Scope of Services consists of field exploration, laboratory testing, geotechnical engineering, and project delivery. These services are described in the following sections. Field Services Safety: Terracon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with the field services. Thus, the estimated fee includes our exploration team using standard Personal Protection Equipment (PPE) for geotechnical drilling including hard hats, safety glasses, hearing protection, work gloves, and steel -toed boots. Our scope of services does not include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling and/or sampling will be noted on our logs and discussed in our report. Screening of samples will be performed on-site, however, and if PID readings are obtained that are deemed to be of concern, exploration at that location will be terminated and Terracon's findings discussed with the City of Waterloo WMS personnel and Strand Associates. Terracon will notify Iowa One Call to request location and marking of public utilities at least 48 hours prior to performing borings/excavations. We consult with the City of Waterloo WMS personnel regarding underground utilities or other underground hazards. Based on the results of this consultation, we will consider the need for alternative subsurface exploration methods, as the safety of our exploration team members is a priority. An on-site utility locate meeting is planned to be conducted for this project. Any private utilities should be marked by the City of Waterloo personnel prior to subsurface exploration. Terracon will not be responsible for damage to utilities that are incorrectly marked or not made aware to us. If the City of Waterloo WMS personnel are not able to accurately locate private utilities, Terracon can assist the owner/client by using geophysical instruments. Fees associated with location and marking of private utilities are considered additional services and are not included in the proposed scope of services. Upon request, the estimated fee for the location and marking of private utilities would be forwarded to the City of Waterloo WMS for approval. The use of a private utility locate service would not relieve the owner/client of their responsibilities in identifying underground utilities. If there are any site restrictions or special site and/or exploration requirements, these should be made known to Terracon prior to commencement of field services. Site Access and Property Disturbance: Terracon considered that the site and boring locations can be accessed using our track -mounted drill rig. Terracon personnel will take reasonable measures to limit the amount of damage to the property. However, some damage to pavements, rutting of the ground surface, and/or damage to landscape could occur. Please note that our scope of services and fee do not include services associated with site clearing, wet ground IIIZuk,?s,2ons'ille mil III'':esouurcet''ulll mil Rel'ia'dll°,? IlllllllXlh..11llHIT" IB, , SCOPE SII ,µ �IL..IRVIlCIIIIIIC,��M IY of. Page 293 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 lFerracirn conditions, or reparations to existing landscape. If such services are desired, Terracon should be notified so the scope of services and fee can be modified. At least 3 days advanced notice will be provided to the City of Waterloo WMS of Terracon's intent to notify Iowa One Call and perform the subsurface exploration. Boreholes will be backfilled with auger cuttings and bentonite chips after completion. Terracon's scope of services does not include repair of the site beyond backfilling the boreholes. Any excess auger cuttings will be disposed on-site, as directed otherwise by City of Waterloo WMS personnel. Because backfill material often settles below the surface after a period, Terracon recommends the boreholes be checked periodically, and backfilled if necessary. Boring Locations and Elevations: Prior to conducting an on-site utility locate meeting, Terracon will determine the boring locations in the field using the site plans provided by Strand Associates. The latitude and longitude of the borings will also be determined with a handheld GPS unit, which has a minimum horizontal accuracy of about 20 feet. Surface elevations at the boring locations will be determined using differential leveling techniques and benchmark references provided by Strand Associates. Surface elevations at the boring locations will be reported to the nearest %- foot. The locations and elevations of the borings should be considered accurate only to the degree implied by these methods. If more accurate boring locations and elevations are desired, we suggest Strand Associates stake the boring locations and provide surface elevations at the boring locations to Terracon. Subsurface Exploration Program: Refer to Exhibit D for the boring program requested by Strand Associates. The requested base exploration program includes performing twelve (12) borings with a total of 330 feet of drilling. The subsurface exploration program requested includes six (6) borings to depths of 25 feet below existing grades for the buildings, four (4) borings to depths of 40 feet for the Centrate Equalization Tank, and two (2) borings to depths of 10 feet in for new pavements. Subsurface Exploration Procedures: The borings will be advanced with a rotary drill rig using hollow -stem augers and mud -rotary drilling methods. Sampling will be performed using a split barrel sampler or thin-walled tubes. In the split -barrel sampling procedure, a standard 2 -inch outer diameter split -barrel sampling spoon is driven into the ground with a 140 -pound, automatic hammer with a 30 - inch drop. The number of blows required to advance the sampling spoon the last 12 inches of a normal 18 -inch penetration is recorded as the Standard Penetration Test (SPT) resistance value. The SPT values, also referred to as N -values, are indicated on the boring logs at the test interval depths. In the thin-walled tube sampling procedure, a thin-walled, seamless steel tube with a sharp cutting edge is pushed hydraulically into the soil to obtain a relatively undisturbed sample. Sampling in building and pavement areas will be performed at intervals of 2.5 feet in the upper 15 feet and at intervals of 5 feet thereafter to the boring termination depths. Sampling in borings for the Centrate Equalization Tank will be performed at intervals of 5 feet in the upper 15 feet, III"Zuk,?s,2ons'ille luau III'':esouurcet''ulll luau Re1'ia'd14°,? IlllllllXlh..11llll3ll III IB ,, SCOPE SII SIL..RVIICIL..,.M 2 of . Page 294 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 lFerracirn followed by sampling intervals of 2.5 feet to 30 feet, and then at intervals of 5 feet thereafter to the boring termination depths. Groundwater level observations will be recorded during and after drilling and sampling. In some instances, groundwater observations may not be representative after boring and sampling because drilling fluid or water were used for drilling. Open boreholes will be covered between the time the boring is completed and backfilled. Terracon's exploration team prepares field boring logs as part of standard drilling operations. The field logs include sampling interval depths, penetration resistances, sample recoveries, groundwater level observations, and other relevant drilling and sampling information. Our field logs also include visual descriptions of materials encountered during drilling and the exploration team's interpretation of subsurface conditions between samples. The samples are placed in containers and transported to our laboratory for further testing and classification. Terracon's engineering staff and exploration team communicate during the subsurface exploration. If the soil conditions encountered appear to be unfavorable or marginal at the planned boring termination depth, the subsurface exploration can be modified while the exploration team is on-site. If additional fees apply, Terracon will contact the City of Waterloo and Strand Associates for authorization, prior to performing any additional services. Field Screening of Recovered Samples: Personnel trained in environmental data collection will screen the soil samples obtained from the borings. Each sample will be appropriately bagged, allowed to equilibrate for at least 20 minutes and then tested on-site for the presence of refined petroleum hydrocarbons (PHCs) utilizing a calibrated photoionization detector (PID). The soil will also be subjectively evaluated for odor and/or discoloration. The data along with lithology descriptions will be recorded on the log for each boring and included within the geotechnical report. Laboratory Testing The project engineer will review field data and assign laboratory tests to aid in the evaluation of the engineering properties of various soil strata. The proposed laboratory testing program includes the following: VVVVI Water content (testing on about 50% of 96 samples planned) VVVVI Unit dry weight (estimated to be <_ 12 tests) VVVVI Atterberg limits (estimated to be <_ 1 test) VVVVI Sieve analysis w/ P200 (1 test planned for dewatering considerations) VVVVI Unconfined compressive strength (estimated to be <_ 12 tests) III"Zuk,?s,2ons'ille luau III'':esouurcet''ulll luau Re1'ia'd14°,? IlllllllXlh..11llll3ll III IB ,, SCOPE SII SIL..RVIICIL..,.M ,.w of . Page 295 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 lFerracirn Our laboratory testing program includes examination of soil samples by an engineer and/or a geologist. Based on the material's texture and plasticity, we will describe and classify soil samples in general accordance with the Unified Soil Classification System (USCS). Samples recovered during the subsurface exploration will be retained in our office for a period of 120 days after submittal of our geotechnical engineering report so that additional testing can be performed upon request. Engineering and Project Delivery Field exploration, laboratory testing, site characterization, and geotechnical engineering services will be performed by and/or under the supervision of an experienced civil/geotechnical engineer licensed by the State of Iowa. Your project will be delivered using our GeoReport® system. Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, access to the project documents as they are uploaded to the site, and a collaboration portal. The typical delivery process includes the following: VVVVI Project Planning — Proposal information, schedule and anticipated exploration plan will be posted for review and verification VVVVI Site Characterization — Findings of the site exploration VVVVI Geotechnical Engineering — Recommendations and geotechnical engineering report When the geotechnical engineering report is complete, Terracon will provide copies to the City of Waterloo and Strand Associates. Terracon will also upload a 'pdf' version of the report to our GeoReport® system. Previous submittals, collaboration, and the report will be maintained in our system. This allows future reference and integration into subsequent aspects of our services as the project goes through final design and construction. The geotechnical engineering report will include and/or address the following: VVVVI General site and project description VVVVI Site and Boring Location diagrams VVVVI Stratified boring logs with field and laboratory data VVVVI Subsurface exploration procedures VVVVI Summary of laboratory testing performed VVVVI Summaries of soil and groundwater conditions encountered VVVVI Geotechnical design recommendations for spread footing and mat foundations including: Minimum widths and minimum embedments for frost protection Anticipated suitable bearing depths Net allowable bearing pressure(s) Subgrade response modulus Estimated total and differential settlement Parameters for uplift/buoyancy resistance VVVVI General foundation construction considerations IIIZuk,?s,2ons'ille mil III'':esouurcet''ulll mil Re1'ia'd14°,? IlllllllXlh..11llll3ll'lll. IIB, , SCOPE SII ,µ �IL..RVIlCIIIIIIC,����M 4 of. Page 296 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 lFerracirn VVVVI Estimated seismic site class based on the data obtained VVVVI Recommendations for design and construction of building floor slabs VVVVI Recommended modulus of subgrade reaction(s) for floor slab subgrades VVVVI Earthwork recommendations for foundations, floor slabs, and pavements including: 4. Subgrade evaluations Anticipated stripping depths and undercut/overexcavation depths, where applicable Discussion regarding corrective earthwork approaches Suitable on-site and imported fill material types Fill placement and compaction recommendations General grading and drainage recommendations General earthwork considerations VVVVI Lateral earth pressure recommendations VVVVI Typical pavement thicknesses for asphaltic and portland cement concrete sections VVVVI Considerations for groundwater control and subsurface drainage, where applicable VVVVI Frost considerations Please note that in order for Terracon to provide more specific geotechnical engineering recommendations for development of the project design, the following information would be beneficial for use in the geotechnical evaluations. VVVVI Topographic Site and Grading Plans VVVVI Building floor slab elevations and loads VVVVI Traffic loading information and pavement design period (we'll consider 20 years otherwise) Review of Strand Associates' Final Plans and Specifications: Terracon's geotechnical engineering report will be included in the bid documents and used by Strand Associates for preparation of the designs, plans, and specifications. Terracon will review earth -related portions of the project plans and specification prepared by Strand Associates. Terracon's review will include a written statement, which conveys our opinions, related to the consistency of the plans and specifications with our geotechnical engineering recommendations. IIIZuk,?s,2ons'ille mil III'':esouurcet''ulll mil Re1'ia'd14°,? IlllllllXlh..11llll3ll'lll. IIB, , SCOPE OF ,µ �IL..RVIlCIIIIIIC,����M 5 of. Page 297 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 lFerracirn EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site and the project as summarized in Illllllllllxllh liibit A and Illllllllllxlbiiilll IC's, and our scope of services outlined in Illllllllxlllliilllliit III3, our proposed fees are the following. Field and Laboratory Services, and Geotechnical Engineering and Reporting Review of Final Project Plans and Specifications 111111111 Sr. Geotechnical Engineer @ $150/hr. (estimate 3 hrs. max.) Proposed Geotechnical Services Budget Proposed Base Fees $7,750 Lump Sum $450 Unit Price $8,200 Offering of Fee Reduction: Based on the preliminary site plans prepared by Strand Associates, Terracon believes that the areas shown for the Centrate Equalization Tank and the Dewatering Building Addition could be characterized sufficiently with four borings to 40 feet, and the omission of two of the requested borings should be considered. If subsurface conditions encountered in the initial four borings planned are highly variable, Terracon will perform the requested (base) subsurface exploration program for the Base Fee proposed. Please initial below if this potential reduction to the base fee is desired. Phased Exploration Approach and Omission of 2 Borings to 25 feet Proposed Geotechnical Services Budget w/ Offering Lump Sum Fee Reduction $500 $7,700 Initial for Authorization Unless instructed otherwise, invoice(s) will be submitted to the addressee of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees, we will contact the City of Waterloo WMS for approval, prior to initiating services. A supplemental proposal stating the modified Scope of Services, as well as its effect on our fee, will be prepared. Terracon will not proceed without authorization. Additional Services: Fees for rock coring were requested for this proposal. Although Terracon does not expect to encountered bedrock within 25 to 40 feet of the existing ground surface, if bedrock is encountered and rock coring is requested, the following additional, unit price fees would apply. A credit would be provided to the City of Waterloo WMS for the drilling not performed in soil at a rate of $10 per foot. IllC4.um sponsive Remourcefulll IllCmmli ;1?2bl4,,,? l i"r C.COM 05 ICNOATION AleIL) 112,22J r S Page 298 of 468 Proposal for Geotechnical Engineering Services Wastewater Treatment Plant Biosolids Modifications uuuuu Waterloo, Iowa March 18, 2019 uuuuu Terracon Proposal No. P13195025 Additional Services Item Rock coring setup NQ/NQ2 rock coring Potable water (act. cost + 15% if not provided on-site) Water hauling (if potable water not provided on-site) lFerracirn Unit Price Fee $125 each $40 / foot $0.15 / gallon $75 / hour For example: if a boring was planned to extend to 40 feet, bedrock/auger refusal was encountered at 30 feet, and coring initiated and performed to a depth of 35 feet, an additional rock coring fee of $325 would apply. A credit of $10 times 10 feet would also be provided, and the resulting additional fee would be $225 (if potable water was provided on-site). Project Schedule Based on the request for cost proposal by Strand Associates, Terracon understands that authorization to proceed will be received by April 1, 2019 and the geotechnical information is requested by May 17, 2019. Based upon the requested scope of services and schedule, Terracon agrees to meet the schedule. The following table summarizes our timeframes estimated to complete the requested Scope of Services, which is 4 to 5 weeks. If delays in authorization occur or delays in field services beyond our control occur, such as site/weather conditions, unknown locations of underground utilities, or lack of permission to access the boring locations, modification of the geotechnical engineering report submission date could occur. In the event the schedule provided throughout the project is inconsistent with the project needs, please contact us so we may consider alternatives. GeoReport ' Delivery Timeframe for Completion Project Planning 1 week Site Characterization 3 weeks Geotechnical Engineering 4 to 5 weeks 3' Upon receipt of your notice to proceed we will activate the schedule component of our GeoReport® website with specific, anticipated calendar days for the three delivery points noted above, as well as other pertinent events, such as the field exploration crew on-site, etc. We will maintain a current calendar of activities within our GeoReport® website. In the event of a need to modify the schedule, the schedule will be updated to maintain a current awareness of our plans for delivery. Upon completion of the Site Characterization and geotechnical analyses, `verbal' recommendations can be provided upon request, prior to issuance of the geotechnical engineering report. IIIMespons'inim mil Flsonm.,uui,eim.Jlll mil III"Zeli.ablll4°1 IIII XIIiIIII'i� 111" C COMIPIENSATIIONAIDS IIP11 . IDIIIIIICII' IJIIIL..IIE s11'' Page 299 of 468 mIIIIIV 1111 '1 ASSOCIATE Straw' t r am rotes,„ Ihn cm' Wry T Wi gra l vrivo Mo((risorr VVI 53715 (F) 43(yti)2() -8())C5 March 11, 2019 Mr. Tom Lisi, P.E. Terracon Consultants, Inc. 2640 12th Street Southwest Cedar Rapids, IA 52404 Re: Wastewater Treatment Plant Biosolids Modifications City of Waterloo, Iowa (Owner) Dear Mr. Lisi: On behalf of Owner, Strand Associates, Inc. (Strand) is sending you this request for cost proposal for Geotechnical Services. Project Description Strand is in the process of designing improvements to the existing wastewater treatment plant. The main new structures to be constructed as part of this project include the following: 1. Waste Activate Sludge (WAS) Building Addition 2. Dewatering Building Addition 3. Centrate Equalization Tank 4. Ferric Building 5. Pavement Removal and Reinstallation Enclosed is a Preliminary Location Map showing the location of the anticipated improvements. These structures are described in more detail in the following paragraphs. WAS Building Addition The WAS Building addition will be an approximate 20 -foot -wide by 40 -foot -long on -grade structure including masonry walls with precast plank roof, concrete frost walls, and continuous strip footings. The floor slab will be a 6 -inch fiber -reinforced concrete slab -on -grade with approximate finished floor el. 842.00. Footings will bear at approximate el. 837.00 and unfactored wall loads will be on the order of 2 kips per foot. Dewatering Building Addition The Dewatering Building addition will be an approximate 20 -foot -wide by 72 -foot -long on -grade structure consisting of masonry walls with precast plank roof, concrete frost walls, and continuous strip footings. The floor slab will be a 6 -inch fiber -reinforced concrete slab -on -grade at approximate finished floor El. 839.50. Footings will bear at approximate el. 834.50 and unfactored wall loads will be on the order of 3.0 kips per foot. WDM:sjlVAstrand.com\projectsAMAD\4400.-4499A4463\004VDesigns-Studics-Reports\Gcotcchnical\Gcotcchiical RFP waterloo is gcotcch RFP.docx WWW, sytra r» na'i, d„,:n':� IY'Yr11 Page 300 of 468 Mr. Tom Lisi, P.E. Terracon Consultants, Inc. Page 2 March 11, 2019 Centrate Equalization Tank The Centrate Equalization Tank will be a 75 -foot by 45 -foot below -grade by 22 -foot deep concrete tank with top of wall at approximate el. 841.00 and mat slab bearing at approximately el. 818.00. Expected contact pressure at the bottom of the mat slab will be approximately 1.5 kips per square foot. Ferric Building The Ferric Building will be an approximate 28 -foot -wide by 44 -foot -long masonry structure with concrete frost walls and strip footings and a concrete slab -on -grade floor. An alternative design would have a mat slab chemical storage area bearing approximately 4 to 5 feet below grade, with below -grade building walls bearing on the mat slab. Finished floor is expected to be at approximately El. 837.00 and mat slab or footings are expected to bear at approximate el. 832.00. Expected loads for the strip footings are 2.0 kips per foot. Expected edge loads for the mat slab alternative are approximately 3.0 kips per foot, yielding a maximum soil pressure of approximately 1 kip per square foot. Access Road Site driveways and parking areas in the vicinity of the new structures will be removed and replaced. Most pavement is expected to consist of simple replacement in areas that are already paved. There will be a small amount of paving of previously unpaved areas. Project Scope Geotechnical Engineering Services TABLE 1—BORING DESCRIPTION—BASE SCOPE OF SERVICES Boring Base Scope No. Depth (feet) Structure Remarks B-1, B-2 25 WAS Building Two borings Addition B-3, B-4 25 Dewatering Building Two borings Addition B-5 through 40 Centrate Equalization Four borings B-8 Tank B-9, B-10 25 Ferric Building Two borings B-11, B-12 10 Access Road Two borings Provide one boring each in the pavement areas north and south of the Dewatering Building. The base scope of services (number and depth of borings) has been determined based on past projects of a similar nature. The geotechnical engineer shall provide a fee for this base scope to provide Owner with consistent criteria for one aspect of its evaluation of the proposals. The geotechnical engineer shall make an independent assessment of the field exploration and testing necessary to provide the geotechnical information requested in this letter and needed for design. Fees for any services beyond the base scope WDM:sjlVVV\strandcom\projectsAMAD\4400-4499A4463\004\Designs-Studies-Rcporis\Gcotcchrical\Gcotcchiical RFP\waterloo is gcotcch RFP.docx W" Tmst:9"an .com Page 301 of 468 xhubuU ��"1 Mr. Tom Lisi, P.E. Terracon Consultants, Inc. Page 3 March 11, 2019 shall be included separately in the proposal. If no additional services are proposed, it is understood that the geotechnical engineer concurs that the base scope is sufficient to provide the information requested. Boring depths are estimated depths assuming no auger refusal. Should bedrock be encountered, the intent is for drilling to extend only to auger refusal on bedrock for typical borings. Should bedrock be encountered, a 5 -foot rock core shall be performed for one boring per structure. Unconfined compressive strength tests shall be conducted and rock quality designation values shall be determined for the rock core samples. Contingency costs for rock coring and analysis shall be included as a separate line item in the proposal. The layout of the new improvements is preliminary Structure locations may change slightly during final design. If the subsurface conditions require additional or changed borings or other evaluations appear to be necessary to provide the desired information, please advise Strand and Owner. The geotechnical work shall include the following items: 1. Contact wastewater treatment plant staff and local utility companies for underground utility locations. Review existing site underground piping drawings with the utilities. Discuss presence of other underground utilities and/or facilities with Owner and obtain location information. Choose the location for each boring to avoid any conflicts with underground utilities and facilities. 2. Mobilize drilling crew and equipment to project site and return. 3. Stake soil boring locations and ground elevations. Determine exact field locations for each boring. 4. Perform standard soil borings with a 2 -inch outside diameter split barrel sampler driven 18 inches with a 140 -pound weight falling 30 inches (American Society for Testing and Materials D1586), unless otherwise recommended by the geotechnical engineer. 5. Provide photoionization detector (PID) readings of soil or rock core samples recorded on the soil boring logs. Readings shall be taken in the field by placing a portion of the sample in a Ziploc® bag, allowing the sample to reach room temperature, inserting the PID probe into a comer of the bag, and recording the highest reading. 6. Measure water levels in the borings during drilling, at the completion of the drilling, and 24 hours after completion of drilling. 7. Backfill bore holes in accordance with code requirements. 8. Perform laboratory tests as necessary to determine general strength and settlement characteristics of the soil. 9. Classify soils. Provide drawing of soil boring records and analyses of results. Particle size gradations shall be provided to determine whether on-site soils are suitable for use as fill and backfill. 10. Classify fill soils from borings, including a determination of whether any potential hazardous or petroleum waste material or solid wastes are present. These classifications and deterrninations WDM:sjlVVV\strandcom\projectsAMAD\4400-4499A4463\004\Designs-Studies-Reports\Gcotcchrical\Gcotcchiical RFP\waterloo is gcotcch RFP.docx "' " Tmst:9"an .com Page 302 of 468 xhabuU ��"1 acta Inc"' Mr. Tom Lisi, P.E. Terracon Consultants, Inc. Page 4 March 11, 2019 shall be based on field observations of samples and drilling spoils and PID readings, not on laboratory analysis or other testing of the samples. Note all observations on the soil boring logs. 11. Provide additional geotechnical evaluations as recommended by the geotechnical engineer. 12. Provide project coordination, project administration, and geotechnical report. The geotechnical report shall include the following items at a minimum and any additional geotechnical information required for the design and construction of the facility: a. Presence or absence of rock, old excavation, or fill. Rock shall be sampled to determine whether it can be excavated. b. Suitability of the site for the structure to be built thereon. c. Classification of soil strata after appropriate sampling. d. General type of foundation that will be required at the site. e. Elevation of groundwater and whether dewatering is anticipated. f. Homogeneity and compressibility of the soils across the site and evaluation of the anticipated total and differential settlement of the structures. g. Bearing capacity of the soil and depth at which footings must be founded. h. Recommendations for deep foundations where deemed necessary because of soil conditions including the following: (1) Type of deep foundation (e.g., driven piles, drilled piers). (2) Type of piles (e.g., H -piles, pipe piles). (3) Estimated size, depth, end bearing, and skin friction design values for piles, drilled piers, or other deep foundations. i. Geotechnical design parameters including lateral earth pressure for design of below -grade structures and earth -retaining structures, subgrade modulus for design of floors and mat foundations, and recommended design groundwater levels. j. Asphalt and concrete pavement design recommendations. k. Seismic Design Site Class in accordance with the 2015 International building Code. 1. Elevations of the existing grade and other topographical features that may affect the foundation design of construction. 13. Include geotechnical review of final specifications and drawings (tentatively scheduled for July 2019). 14. Provide a certificate of insurance. Evidence of insurance coverage shall include professional liability, general liability, automobile liability, bodily injury, property damage, and completed operation. The City of Waterloo and Strand Associates, Inc.' shall be made Additional Insureds WDM:sjlVVV\strandcom\projectsAMAD\4400-4499A4463\004\Designs-Studies-Reports\Gcotcchrical\Gcotcchiical RFP\waterloo is gcotcch RFP.docx ""Tmst:9"aU"d.com Page 303 of 468 xhubuU ��"1 Mr. Tom Lisi, P.E. Terracon Consultants, Inc. Page 5 March 11, 2019 to these policies with the exception of the professional liability policy. Include additional insured endorsement form CG 20 26 07 04 along with certificates showing coverage. 15. Provide three copies of the geotechnical report: one copy for Owner, and two copies for Strand. Schedule Include a schedule for the proposed work. Your proposal should be itemized showing a breakdown of tasks with a total cost for each element of work. The geotechnical information is needed by May 17 , 2019. It is expected the selected firm will be awarded the geotechnical work by April 1, 2019. The soil borings and a verbal report of conditions shall be provided by April 26, 2019, and the geotechnical report shall be completed by May 17, 2019. The proposals are due by or before 2 P.M., March 18, 2019. Please address your proposal to the City of Waterloo and send or e-mail to each of the following addresses: Steve Hoambrecker, P.E. City of Waterloo Waste Management Services 3505 Easton Avenue Waterloo, IA 50703 E-mail: steven.hoambrecker@waterloo-ia.org If you have any questions, please call. Sincerely, STRAND ASSOCIATES, INC.® Enclosures c: Steve Hoambrecker, City of Waterloo Sam Hocevar Strand Associates, Inc.® 910 West Wingra Drive Madison, WI 53715 E-mail: sam.hocevar@strand.com WDM:sjlVVV\strandcom\projectsAMAD\4400-4499A4463\004\Designs-Studies-Reports\Gcotcchrical\Gcotcchiical RFP\waterloo is gcotcch RFP.docx "' " Tmst:9"an .com Page 304 of 468 xhabuU ��"� r -- C1) co )1/ LU co a) Z u__ u I I I/ I I I I I I / / Oir I I I .." ..^400.00,60.004,16pie September 19, 2018 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director Memo to Waterloo Mayor and City Council: RE: Professional Services Agreement, Strand Associates, Bio -solids Modification Project Background Discussion An agreement was approved by the city council on April 17, 2017 to conduct a required nutrient reduction study along with a facility plan update and to provide operational assistance, One of the critical operational improvement aspects outlined in the facility plan portion is upgrading the treatment plant bio -solids processing units. This professional services agreement includes services for an estimated $14,00Q000 of bio - solids system improvements. One of the limiting operational aspects relates to minimal waste activate sludge storage facilities. Additionally 2 of the current final bio -solids thickening units are over 20 years old, processing less than 50% of capacity and are constantly requiring ongoing maintenance. Use of centrifuges versus the current belt filter presses is also expected to save on bio -solids disposal costs. The professional services agreement will provide for the design of this project. It is intended to be funded via the Sewer Fund using State Revolving Loan Fund (SRF). Recommended Action It is recommended that the city council approve the professional services agreement with Strand Associates in the amount of $940,000. Page 308 of 468 CITY OF WATERLOO Council Communication Resolution approving award of contract to B & B Lawn Care Inc. of Waterloo, Iowa for Option A $1,147.50 per occurrence, Option B $1,095.50 per occurrence, and approving the bonds and certificate of insurance, in conjunction with the 2019 Complaint Mowing with Complaint Snow Removal Contract, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department Reviewer Code Entbreennoent i',v8 C „ 1 LAnaa ATTACHMENTS: Description SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Action Approved Type Cover Memo Cover Memo Date 3/27/2,,019 ... i i:i5 AI'\M. Resolution approving award of contract to B & B Lawn Care Inc. of Waterloo, Iowa for Option A $1,147.50 per occurrence, Option B $1,095.50 per occurrence, and approving the bonds and certificate of insurance, in conjunction with the 2019 Complaint Mowing with Complaint Snow Removal Contract, and authorize the Mayor and City Clerk to execute said documents. Submitted By: David R. Zellhoefer, City Attorney Approve recommendation of award of contract to B & B Lawn Care Inc. of Waterloo, Iowa for the 2019 Complaint Mowing with Complaint Snow Removal Contract. Approximately $15,701.00 Contractual Services Line Item 525-15-5125-1390 Page 309 of 468 F y2020 CCIMPLAINT MOWING Wrill SNOW .'REM:OVAL Bid "Tab: '.March 21, .20.19 lEstirnate: S50,000.00 Bidder Bic B r Lawn Care, Inc,. Waterloo, 1A (.1tption : A Option: B Option: (11 Option: D Option: E3 Security .113k1 ,Arnotint 1.4750 5% Cheek. $1,095,50 $75,00 $150,00 1' Page 310 of 468 CiTY OF Vii,A/VERI.,,(X), IC/WA CDDIE. ENFORiCEMEN'h Ct.:3NT RACTIF for C())/1 lNI (MtDVVINIfil w1rF1 COMPI A IN']/ SNI(/)W REIN(40V.,i .1,, 1 hi C:0111..ract for (C:onaplaiiit ,and Snow rertkwal (the Contract") is rtia,de arid entered into on 201 9.„ by ,,i(ind In(nween the City of NiVaterleo, Iowa (the ("City"), and (tile 'Contractor). , "the Ciyntraet, or ;shall fiiralsh 1Istiviervisic„.(in, technical personnel, labor, inaterials, supplies and equipment to perform aJI 1work required flir the (..Ortract work as described in the Specifications. 2. .lhe Contract Doetrolents shall consist of the follow L This Contract b, Request for. Proposa.ls e. N otice of Hearing, d. Instruct ion to Bidders C ., Signed copy of Bid f, General Conditions g. Specifications "These documents form the tii,iontract Documents and are .afl. fully incorporatedas a part., of...this Clontract, .as if attached to this (....blitract or ,set forth in full herein.. in the event °fatty conflict o' ambiguity anonig Joe C'ontract Documents., the document in the order set .1700h above that first addresses tile issue oi . provision in question shall be govern. .3. The (lontraetor agrees to conit(,,ence. the work within twenty -(four 124) hours after the City issw,:s ("Notice to fr.oceed” .and to complete the iworit within the. given tinieficarne.. Time is of the, essence in the performance of duties under this (11"110-aet., The Contractor also ;agues to the a) The Contrar willfeMOVe all litter, or junk on va.cantlots and,lor vaca t (properties that (would be cause the (...lcintractor not to be able to fulfill the obligation of weedlgrass or snow rettioval at their own. cost h) .(7oritractors Will abide by ordinance sections a. 7-1-21311 ) Contractors will not be permitted to transfer snow (into or across .any city street or alley. In the event st,a,.rw is transferred into tile street,it shall be reincivitU b(3/ 11a(Ch.ottractcilr. b. 7- I -2I"" (Contractors will not he permitted to blow (,xeedslgrass. onto or across any street or alley. In the event weed/grass is transferred into the street it shall be feMOVed 1v' the Contractor e.)Co tractors s ili bag all weedisigrass taller than. 12" in residential areas nd dispose .of the rubbish properl!t% iDishr,osal can be done at. the City of Waterloo Yard 'Waste Site located .at 2749 Independence Ave„, Waterli)in, Iowa. d) Contractors are not. to inow or trim any "flowers or gardens unless srpecified 1)y the Code fOreenlern i)cpartment. .R.oquo...F..E For PriTuSalS:: uvea mai Snow Ric:mass:id Services. Progx.ssiird ColViract Prig: Page 311 of 468 e), Contractors will trim around all trees, telephone 'poles, fences, structures, curbs and on the bc,kside cif alleys.. ) Contractors niust have .3. camera that will time s -imp and date photos. Photos nmst be taken of the property before w"ork begins and when the work is finished.. g) Contractors vein he provided. with a yardstick that ;mist be used to measure the length of the grass in each set of photos taken while at a. properly., hl The City of 'Waterloo will mit be obligate'd. to pay the fuR a aunt for referral work when aJ necessary photos required by the Contractor .have mit been turned into a r t e„ in the eveni the Code liinforcemen.t .Department Finds that the Conractor didno uttill its obligation) the Contra.ctor will he required LO p;0 haa to 'the property at. :no 'additional costto the city or 'owner oil the firoperry. Durin.g snow removal, the sidewalks will he cleared the width of the side and 'to the concrete unless ice prevents such removal.. In the event the ice is lunable to be renaoved the Contractor will he required. to by down sand) salt, or a. mixture of both,. k) Charges 'for sand, salt to both will be determined by Rillowing: :The ovvner shall be charged $15 for any amount of salr that needs to be used 'to assist in the .rernoval of ice from the sidewalkper residence,. lithe property is located on a earner lot the owner of the property shall be charged $30 for any amount of salt that needs to be used to assist in the renroval cit. ice :From the sidewalk provided that ice 'removal is needed rin both sidew.alks. 1) Contractor sliaIl removeall involuntary vines, brush, or trees along any 'fence and the portion' of prope.rty to the alley when referral is given 'h3a, the Code Enforcem.ent. Departnient. in The owner shall be charged tone amount of t tranotes travel tittle in addition to all other fees applied per referral. n) Properties 'fixad iii comp.iiiince upon arrival of contractor, wit t not result in ticliiittional charges to the City of "Waterloo 'from. the Contractor, 0) Ill rheas prior 'approval has been given, the City of Waterloo viI 1 only be 'obligated 'to pay 'for the work of two people taer referral.. 4.. Tribe Contractor4.-twees to comply with and obey all °blatancies of tile Citt.t'tt of Waterloo relating to the obstruction of streets ttral alleys, 'keeping open passagevvays for Water and traffic, and imaintaining proper and sufficient barricades with lights and signals during all hours of darkness., 5. Except as to any negligence of City„ its officials, 0:Meer, employees or agents in the .perik)rmanee of any duty under this Contract, and to the extent not covered 1i insurance maintained by C,ontrgctor, Coritraerbr agrees, to, defend. and inde tardy City., its officials, officers., employees and tagents, .and to hold same hartnicss„ ''ritom and agairrst any and ,a.1.1 claims, d.einatids, causes of action, losses„ costs, or liabiliti eS ss halsociver, ita.;[ading bet lialired to reasonable attorneys' fe.cs and in pen SCS„ arising iron or in, connection With the acts or onnissions of Contractor in perfortning the work contemplated by this, Contract t1.1ontractor shall be responsible for all damage to publie or private property. If public or private property is darnagei by t."1:c.artractor and is not repaired in a timely m.arrner as, determined. by (. ity, City has the r:atio'n of having the damage repairedat the Contractors expense, to be reilnbursed to the C:ity or withhel(1 from fixture r ynterits to Contra.ctor hereunder. e The Con traCICIt Sh al I have no cause of a.ction against the City on account rif delays and prosecution of work., but the work is deitlyed by the City, the Cent:tractor may have extra tirrie Fir the ,rsompletion aie Job Os was lost by reason of the delay caused by 1110 City, [Zeques,t I 'or Proposas: Nlowmu..' End S ivRCITIOVId Sen i 'Topose d vontrad - Page 2 Page 312 of 468 8.. Cit)H'.„ It is sole discretion and Without w,alving any claims or rights, truly allow for .partial payment far the work included on an invoice for which all services have not been ,delivered or accepted, F ( ity rnay withhold payment for reasons litchtding, but not limited to, the following: unsatisfactory job :perfbrmzince or progress, (1efective .work.. disputed work., failure tb. conlply with material provisions of the Contract,. third -party Clain's filed or reasonable, evidence .that a claim will 171.1e(1, or other reasonable cause.. 9. In the event that Contractor defaults in the perforrnance or observance o .any covenant, agreCtrkellt ("Jr obligi..dion set forth in this Contract, and if such default reinains uncured for a period of seven 1.7) days after notice thereof shall have been :given b Clty to (,',7,ontractor, then City may declare that C:(.)ritractot". i.s in default hereunder ,and may terminate this Contract by delivery to Contractor ot" written notice of t.errnination, and/or Lake vvhatever other action at law or in equity ruay be. necessaryoi d.esinable to ettll'iirce the obligations and covenants oI Contractor hereunder. Ccmtractor shall be entitled one such notice, and in connection with any subsequent breach then (...1ty may terminate this Contract upon seven (7) days' a.dva.nce %ruiner' irnitice„ tn tile eventof termination, the Contractor shall be compensated ifor idi necessary services performed through the termimition date, No delay in enforcing the provisions hereof as to .any brcrich or violation shall impair.. damage or waive the right or city to cnibrec thc sairic or .to obtain relief agairist or recover 11..r the Icontintiation or rcpetition of such breach or violation or arty similar breach or violatiou thereof at any later time or time's. 1n the event that City prevails against C....;(nitractor in a suit or other errfOrcement act ion 'hereunder, (7ontractor a.grees, to pay the reiaso . able attorneysfees and experises incurred by City,. 010. In addition to paragraph 9 above., this (4"..uatract may be terminated t any tittle, in whole or in part. 1.1Na the mutual written agreement of the parties. City may also ell0(..)se.10 terminate this C!ontract al any time Without cause by delivering to Contractor twenty-one, (21) nays' advance \Vritten notice of te rat i io n I 1. Contractor may not assign, delegate or subcontract any of it r,1111ties hereunder without the prior Nvritten consent of 12. Because time is of great i rtattec when completing referral work, the Contractor ntust notify the City of Waterloo at kat two (2) weeks in advance' including who will be filling iri for them for any pia, ned time. off 1,3„, Any notice under this Clontract shall he n ssriting and shall be delivered in person or by1 ited States, registered or certified mail, postage prepaid and addressed: City Contractor (lityof Waterlo,c,k, Iowa 715 .Mtitherry lobta 50703 Atty. City (.'lerk Del ivory of notice shall be deented to occur (i) on the date of delivery 'When delivered in person, or tii) three (3) 'husiness (ft tys following rhe date, or deposit if niailed as stated above. 14. 'Nothing in this Contrael shad, or shall be deemed or construecito, create' or c',oristittite in joint venture; pattnership,, .agency, employment, or any other relit ionship between the parties .nor,,, except as expressly set f(trth herein, to create any liability for ane party with resect to the liabilities or obligationsoF the other party or .any other person.,, Contractor itt aura independent (:.'ontractor,, .P.Jectuest For Proposals: Snow Removal Sr 6ocs Propo5ea Cbutract PABc 3 Page 313 of 468 1.5„, This t,1„.",.oritract, shall be binding upon ad nure, to, the benefit of the parties 'and the .respectivc successors and. assigns of each. 16. In the event any provision .of this C!olitract. is heldvI id. illegal, or unenfiyrceahlle, whether in I.:v.144..de or in part, the remaining provisions of this Contract shall not be affectedthereby and shiall continue in fall force and. effeet„ 11, for ,itty, reason, a comlt finds that any provision. i„)f this Contract is invalid, nenforce,able awr,illen, but that b li waiting such provision it would become valid, .11egti.1, and cntbrecable, then such provision shall be denied to be 'written, and he construed and enforced as so limited. 7. "Fliis Coritract, togetlier with tle. („'",oritract Documents, constitutes the entire, agreement between the parties lacrtaining to the suhject matter hereof Iui ontract play no( be mitodified or an C\L11:[ by 1.11C mutnal written agreeinent of the parties, 18„ inlcons,ideration ofthe :hill coin:ph:a...cc on the part of the Co . tractor with all th.e provisions,. stipulations 4'Arld COnditiOri S hereof; or .cortained in the vanons instruments made a part of this Contmet by reference„ ittnd upon couripletion and acceptance of t.he work, the ICIty .aigrees to pay the. Contractor as set forth onExliibit "A" attached hereto.. IN WITN.ESS .the .parries have executed this Contract for Complaint Mowing and Snciw Removal by their duly authorized representatives as of the date first sal: ferth above, V.V.ATER.L.,,(X), Name of Contractor By: '1r itle: Rocole.M. For Pti.vosaki.: Mow mg and Snow Removal Scrynxs pla4pased cpthagaea page 4. Page 314 of 468 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Brycer, LLC, AKA The Compliance Engine, for an internet based tracking platform for life safety systems, and authorize the Mayor to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/26/2019 REVIEWERS: Department Reviewer Action Date 1;"ure ➢Zescue. T re oae Pat.Approved 3/27/2019 ... 10:22 A.M Clerk Office 1 ern, p.,LA.nrn.Approved. 3/27/2019 - 10::35 AM ATTACHMENTS: Description Type Brycer Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Resolution approving a Professional Services Agreement with Brycer, LLC, AKA The Compliance Engine, for an internet based tracking platform for life safety systems, and authorize the Mayor to execute said document. Submitted By: Pat Treloar, Fire Chief Approve Waterloo Fire Rescue would like to partner with Brycer, LLC for their web - based service that significantly enhances our fire prevention bureau's ability to track and improve code compliance. This program is provided at no cost to the city. Contractors will be required to pay a fee of $15.00 along with an administrative fee of $5.00 per system that is entered into the data base. Waterloo Fire Rescue will utilize the revenue from the administrative fee to pay for software costs related to our records management system. There are fourteen communities of similar size in the State of Iowa that utilize this partnership. none none Page 315 of 468 BRYCER, LLC 4355 Weaver Parkway Suite 330 Warrenville, IL 60555 February12', 2019 Waterloo Fire Department 425 E 4rd St Waterloo, IA 50703 Re: "The Compliance Engine" Dear Waterloo Fire Department: We look forward to providing you with "The Compliance Engine" (the "Solution"). This proposal letter provides the basic terms by which Brycer, LLC ("Brycer") will provide you, ("Client"), with the Solution. The use of the Solution and all matters between Brycer and Client will be subject to the standard "Terms and Conditions" attached to this proposal as Exhibit A. The basic terms are as follows: 1. Term: Brycer will provide Client with the Solution for three years, commencing (the "initial Ternn. Thereafter, the Term shall automatically renew for successive three year periods unless terminated by Brycer or Client in writing at least 90 days prior to the expiration of the then current Term (each, a "Renewal Term" and together with the Initial Term, the "Term"). Following the expiration or termination of the Term (as provided in the Terms and Conditions), Client shall stop using the Solution; provided, however, Brycer shall make available, and Client shall have the right to download, Client's data from the Solution for a period of 60 days after the expiration or termination of the Term. Client shall have the right to terminate this agreement upon giving 90 days written notice to Brycer. 2. Fees: Brycer will collect all fees due and payable by third party inspectors in connection with activities relating to the Solution plus any additional fees charged by Client. Brycer will charge Client with a processing fee equal to 6.5% of all fees. Brycer will remit to Client, on a quarterly basis, the amount by which the AHJ Fees exceed the amount of fees due and payable to Brycer in connection with third party inspectors use of the Solution. The amount of the fees due and payable to Brycer in connection with third party inspectors use of the Solution may be amended from time to time. 3. Brycer Responsibilities: During the Term, Brycer shall he responsible for the following in connection with Client's use of the Solution: 2237531/5/13399.000 Availability. Brycer shall make the Solution available to Client as set forth on Exhibit B. The maintenance schedule and minimum service levels for the Solution are set forth on Exhibit B. Service Level. Brycer shall provide commercially reasonable levels of customer service with respect to the Solution to all third parties who transact business with Client and access the Solution. Backup. Brycer shall backup the database used in connection with the Solution to a separate server located within the same web hosting fi.mi which the Solution is being hosted. on a real time basis. Upon request by Client (which can be no more than once a month) or made prior to or within 60 days after the effective date of termination of the Term, Brycer will make available to Client a complete and secure (i.e. encrypted and appropriately Page 316 of 468 authenticated) download file of Client data in XML format including all schema and attachments in their native format. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client data. Brycer shall not (a) modify Client data or (b) disclose Client data except as required by law. Retention of Information. Brycer will maintain all information entered into the database by third party inspectors for at least five years from the time such information is entered into the database. Notices. Brycer will be responsible for generating and delivering the following notices to third parties in connection with the Solution: (a) reminders of upcoming inspections that are due; (b) notices that an inspection is past due; and (c) notices of completed inspection reports which contain one or more deficiencies. Call Center Phone calls by Brycer on behalf of the Client to the property for EACH life -safety system overdue for service based on dates automatically tracked within the TCE database. Brycer is not an agent of the Client and all scripts for the overdue calls will be approved by the Client. Updates and Enhancements. 1n the event Brycer releases any updates, corrections, or enhancements to the Solution during the Term, Brycer shall promptly provide such updates or corrections to Client free of any charge or fee. 4. Client Responsibilities: During the Term, Client shall be responsible for the following in connection with Client's use of the Solution: • Operating System. Client shall be solely responsible for providing a proper operating environment, including computer hardware or other equipment and software, for any portion of the Solution installed on the Client's equipment (the "Client Access Software") and for the installation of network connections to the Internet. In addition to any other Client Access Software requirements, Client must use version Internet Explorer 11.0, Edge, Firefox version 37, Chrome 40 or Safari 7.1 (or more recent versions), in addition to having a .pdf reader installed on machines to view attachments. • Training. Client shall allow Brycer at Client's facilities to train all applicable personnel of Client on the use of the Solution. • Information. Client shall promptly provide Brycer with all appropriate information necessary for Brycer to create the database for the Solution, including without limitation: (a) all commercial building addresses within 'jurisdiction] for Brycer's initial upload; and (b) quarterly updates to in a format acceptable to Brycer in its discretion. • Enfircement. Client shall take all actions necessary to require (e.g. resolution, ordinance, fire policy, code amendment) the use of the Solution by third party inspection companies. • Reports. Client will require all compliant and deficient test results to be submitted. 5. Ownership of Data. Client owns all the data provided by Client and received from third party contractors for Client. Brycer shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Client's data. 2237531/5/13399.000 Page 317 of 468 Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by counter -signing this proposal below. We look forward to a long-term and mutually 'beneficial relationship with you. Brycer, LLC By: Its: Acknowledged and Agreed to this day of , 20 : [CLIENT] By: Its: 2237531/5/13399.000 Page 318 of 468 Exhibit A Terms and Conditions Any capitalized terms not defined in these Terms and Conditions shall have the meaning assigned to it it attached hereto by and between Brycer, 1.1C and Client (the "Agreement). I. Restrictions on Use. Client shall not copy, distribute, create derivative works of or modify the Solution in. any way. Client agrees that: (a) it shall only permit its officers and employees (collectively, the "Authorized Users") to use the Solution .for the benefit of Client; (b) it shall use commercially reasonable efforts to prevent the unauthorized use or diel sure of the Solution; (c) it shall not sell, resell, rent or lease the Solution; (d) it shall not use the Solution to store or transmit infringing or otherwise unlawful or tortious material, or to store or transmit material in violation of third party rights; (c) it shall not interfere with or disrupt the integrity or performance of the Solution or third -party data contained therein; (f) it shall not reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the Solution (g) it shall not permit anyone other than the Authorized Users to view or use the Solution and any screen shots of the Solution and (h) it shall not disclose the features of the Solution to anyone other than the Authorized Users. Client is responsible for all actions taken by the .Authorized Users in connection with the Solution. 2. Proprietary Rights. All right, title and interest in and to the Solution, the features of the Solution and images of the Solution as well any and all derivative works or modifieati(ms thereof (the "Derivative Works"), and any accompanying documentation, manuals or other materials used or supplied under this Agreement or with respect to the Solution. or Derivative Works (the "Documentation"), and any reproductions works made thereof, .remain with Brycer. Client shall not remove any product identification or notices of such proprietary rights from the Solution. Client acknowledges and agrees that, except for the limited use rights established hereunder, Client has no right, title or interest in the Solution, the Derivative Works or the Documentation. 3. Independent Contractor. Nothing in the Agreementmay he construed or interpreted as constituting either party hereto as the agent, principal, employee or joint venturer of the other. Each of Client and Brycer is an independent contractor. Neither may assume, either directly or indirectly, any liability of or for the other party. Neither party has the authority to bind or obligate the other party and neither pally may .represent that it has such authority. 4. Reservation of .Rights. Brycer reserves the right, in its sole discretion and with prior notice to Client, to discontinue, add, adapt, or otherwise modify any design or specification of the Solution and/or Brycer's policies, procedures, and requirements specified or related hereto. All rights not expressly granted to Client are reserved to Brycer, including the right to provide all or any part of the Solution to other parties. 5. Use, of Logos. During the tennof this Agreement, Brycer shall have theright to use Client's logos for the purpose of providing the Solution to Client. 6. Confidential Information. Brycer and Client acknowledge and agree that in providing the Solution, Brycer and Client, as the case may he, may disclose to the other party certain confidential, proprietary trade secret information ("Confidential Information"). Confidential Information. may include, but is not limited to, the Solution, computer programs, .tlowcharts, diagrams, manuals, schematics, development tools, specifications, design documents, marketing, information, financial infonnation or business plans. Each party agrees that it will not, without the express prior written consent of the other party, disclose any Confidential Information or any panthereof to any third party. Notwithstanding the foregoing, the parties acknowledge that Client and Brycer shall be permitted to comply with any all federal and state laws concerning disclosure provided that any such required disekisure will not include any of Bryeer's screen shots. The disclosing party shall provide prior written noticeof any required disclosure of the nondisclosing party's Confidential Information to the nondisclosing party and shall disclose only the information that is 223753 I /5/13399.000 that certain Letter Agreement required to be disclosed by law. In the event that Client requests from Brycer any reports or other information for purposes of complying with federal and state disclosure laws, Brycer shall provide such information within five business day following such request. Confidential Information excludes information: (a) that is or becomes generally available to the public .through no fault of the receiving party; (b) that is rightfully received hy the receiving party from a third party without limitation as to its use; or (c) that is independently developed by receiving party without use of any Confidential information. At the termination of this Agreement, each party will return the other party all Confidential Information of the other party. Each party also agrees that it shall not duplicate, translate, modify, copy, printout, disassemble, decompi le or otherwise tamper with any Confidential Information of the other party or any firmware, circuit hoard or software provided therewith. 7. Brycer Warranty. Brycer represents and warrants to Client that Brycer has all rights necessary in and to any patent, copyright, trademark, service mark. or other intellectual property right used in, or associated with, the Solution, and that Brycer is duly authorized to enter into this Agreement and provide the Solution to Client pursuant to this Agreement. 8, Disclaimer. All infonnation entered into Bryeer's database is produced by third party inspectors and their agents. THEREFORE, BRYCER SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ENTERED INTO BRYCER'S DATABASE BY MEIER CLIENT OR THIRD PARTY INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7, BRYCER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOLUTION OR ANY OTHER INFORMATION AND ALL OTHER WARRA.NTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, TIIE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY FOR BREACH OF THE REPRESENTATION AND WARRANTY SET FORTH IN SECTION 7, AND CLIENT'S SOLE REMEDY, SHALL BE THAT BRYCER SHALL INDEMNIFY AND HOLD RECIPIENT HARMLESS FROM AND AGAINST ANY LOSS, SUIT, DAMAGE, CLAIM OR DEFENSE ARISING OUT OF BREACH OF TIIE REPRESENTATION AND WARRANTY. 9, LIMITATION ON DAMAGES. BRYCER SHALL ONLY BE LIABLE TO CLIENT FOR DIRECT DAMAGES PURSUANT TO THE AGREEMENT. EXCEPT AS OTHERWISE PROVIDED IN SECTION 7, IN NO EVENT SHALL BRYCER BE LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUENTIAL, OR 'INDIRECT DAMAGES, 'INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR SYSTEM 'DOWNTIME. CLIENT ACKNOWLEDGES AND .AGREES THAT IN NO CASE SHALL BRYCER 'S LIABILITY FOR ANY LOSS OF DATA OR DATA INTEGRITY EXCEED THE REPLACEMENT COST OF THE MEDIA ON WHICH THE DATA WAS STORED. 10. Risks Inherent to Internet. Client acknowledges that: (a) the Internet is a worldwide network of computers, (1) communication on the Internet may not be secure, (c) the Internet is beyond the, control of Biycer, and (d ) Brycer does not own, operate or manage the Internet. Client also acknowledges that there are inherent risks associated with using the Solution, including but not limited to the risk of breach of security, the risk of ex.posure to computer viruses and the risk of interception, distortion, or loss of communications. Client assumes these risks knowingly and voluntarily releases Brycer from all liability from all Page 319 of 468 such risks. Not in 'Urination of the foregoing, Client. hereby assumes the risk, and Brycer shall have no responsibility or liability of any kind hereunder, :for: (1 ) errors in the Solution resulting frommisuse, negligence, revision, modification, or improper use of all or any part of the Solution by any entity other than 13ryeer or its authorized representatives; (2) any version of the Solution other than the then - current unmodified version provided to Client; (3) Client's failure to timely or correctly install any updates to the Client Access Software; (4) problems canned by connecting or failure to connect to the Internet; (5) failure to provide and maintain the technical and connectivity configurations for the use and operation of the Solution that. meet Blycer's recommended requirements; (6) nonconfortnities resulting from or problems to or caused by non-Brycer products or services; or (7) data or data input, output, accuracy, and suitability, .which shall he deemed under Client's exclusive control. I I. tridemnim. Brycer (the "In.demnifying Party") will defend and indemnify Client against any damages, losses, liabilities, causes of action, costs or expenses arising from Bryeer's breach of this Agreement, gross negligence or intentional misconduct. Client will defend and indemnify Brycer against any damages, losses, liabilities, costs or expenses (including reasonable attorneys' :fees) arising from Client's breach of this Agreement, gross negligence or intentional misconduct. Client acknowledges that. Brycer does not create any of the data and information included in the Solution and is not responsible for and does not assess or make any suggestions or recommendations with respect to any such data or information. Client will defend and indemnify Brycer against any damages, losses, liabilities, costs or expenses (including .reasonable attorneys' fees), claims, demands, suits or proceedings made or brought against Brycer by a third party in connection with Client's or an Authorized User's use of the. Solution, or any action Or inaction taken by a third party, including, but not limited to, third party inspectors, in connection with such third party providing services for Client or otherwise at Client's or an Authorized User's request or direction. 12. Breach. Brycer shall have the right to terminate or suspend this Agreement, and all of Client's rights hereunder, immediately upon delivering written notice to Client detailing Client's breach 01' any provision of this Agreement. If Client cures such breach within 5 days of receiving written notice thereof, Brycer shall restore the Solution and Client shall pay any fees or costs incurred by Brycer in connection with the restoration of the Solution. 13. Illegal Payments. Client acknowledges and agrees that it has not received or been offered any illegal or .improper bribe, kickback, payment, gift or anything of value from any employee or agent of Brycer in connection with the Agreement. 14. Beneficiaries. 'Mere are no third party beneficiaries to the Agreement. 15. Force Majeure, Neither party shall be responsible for any failure to perform due to unforeseen, non-commercial circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, blackouts, accidents, or strikes. In the event of any such delay, any applicable period of time fbr action by said party may be deferred for a period of :time equal to the time of such delay, except that a party's :Failure to make any payment when due hereunder shall not be so excused. 2237531/5/13399.000 16. Notices. All notices required in the Agreement shall be effective: (a) if given personally, upon receipt; (b) if given by facsimile or electronic mail, when such notice is transmitted and Con.fillnati 0.5 of receipt obtained; (c) mailed by certified mail, postage prepaid, to the last known address of each party, three business days after mailing; or (d) delivered to a nationally recognized overnight courier service, one business day after delivery. 17. JURISDICTION AND VENUE. THE AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, AND ENFORCEABLE UNDER, THE LAWS OF THE STATE IN WHICH CLIENT EXISTS APPLICABLE To CONTRACTS MADE IN SUCH STATE AND THAT ARE TO BE WHOLLY PERFORMED IN SUCH STATE WITHOUT REFERENCE 10 THE CHOICE -OF -LAW PRINCIPLES OF SUCH STATE. THE PARTIES IRREVOCABLY AGREE THAT ALL ACTIONS OR PROCEEDINGS IN ANY WAY, MANNER OR RESPECT ARISING OUT OF OR FROM OR RELATED TO THE AGREEMENT SHALL BE LITIGATED ONLY IN COURTS LOCATED WITHIN THE STATE IN WHICH CLIENT EXISTS. THE PARTIES HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION 01" ANY LOCAL, STATE OR FEDERAL COURT LOCATED WITHIN SAID STATE. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRANSFER OR CHANGE VENUE OF ANY SUCH ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY ON ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THE AGREEMENT, ANI) AGREE THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A ('OUR F AND NOT BEFORE A JURY. 18, Attorneys' Fees. The prevailing party in any proceeding in connection with the Agreement shall be entitled to recover from the non -prevailing party all costs and expenses, including without limitation, reasonable attorneys' and paralegals' fees and costs incurred by such party in connection with any such proceeding. 19. Entire Agreement. The Agreement sets out the entire agreement between the parties relative to the subject matter hereof and supersedes all prior or contemporaneous agreements or representations, oral or written. 20. Aniendment, The Agreement may not be altered or modified, except by written amendment which expressly refers to the Agreement and which is duly executed by authorized .representatives of both parties. The waiver or failure by either party to exercise or enforce any right provided for in the Agreement shall not be deemed a waiver of any further right under the .Agreement. Any provision of the Agreement held to be invalid under applicable law shall not render the Agreement invalid as a whole, and in such an event, such provision shall be interpreted so as to best accomplish the intent of the parties within the limits of applicable law. The Agreement may be executed by facsimile and in counterparts, each of which shall he deemed an original, and all of which together shall constitute one and the same instrument. 21. Expiration. The rights and obligations contained in these Terms and Conditions shall survive any expiration or termination of the Agreement. Page 320 of 468 Exhibit B Maintenance Schedule and Minimum Service Levels Uptime and Maintenance. The Solution shall be available 24 hours per day during the term of this Agreement. The Solution shall be fully functional, timely and accessible by Client at least 99.5% of the time or better and Brycer shall use reasonable efforts to provide Client with advance notice of any unscheduled downtime. 2. Response Time. Developer shall respond to telephone calls from Client within two hours of the call and/or message and all emails from Client within two hours of the receipt of the email. 3. Customer Support Customer support hours are 24/7/365. The toll free number is 1-855-279-2371 Brycer will assign client a dedicated customer representative with direct access to their email and work number. 2237531/5/13399.000 Page 321 of 468 CITY OF WATERLOO Council Communication Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in conjunction with the FY 2020 Lone Tree Road Extension, Contract No. 977, in the amount of $383,360, with City matching funds of $383,360, and authorize the Mayor to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department Reviewer Action Date 1 uugpurce...'nrau (uenVz,e.r n_is Approved 3/27/2019 ... i 1:58 AIM (:'perk Office i^',vein .,eAnO .Approved d 3/27/2019 -12°24 P.M ATTACHMENTS: Description Type D (.;un 9 / / C'ulY......`nit�l ° Agipa rune: t Cover Meurn D Corn requirements Cove .Me o SUBJECT: Submitted by: Expenditure Required: Source of Funds: Background Information: Resolution approving City/State Funding Agreement with the Iowa Department of Transportation for RISE Funding, in conjunction with the FY 2020 Lone Tree Road Extension, Contract No. 977, in the amount of $383,360, with City matching funds of $383,360, and authorize the Mayor to execute said document. Submitted By: Jeff Bales, Associate Engineer This Agreement with Iowa DOT is for $383,360 in RISE funding. Waterloo's 50% match amounts to $383,360 for grand total project funds of $766,720. TIFF Construction of approximately 1,150 feet of Lone Tree Road located west of Waterloo Regional Airport. This new road will provide access to five lots totaling more than 38 acres for light industrial and manufacturing purposes. Under terms of this agreement, the City will provide certification documentation within 3 years of the date the road is constructed and open to traffic that the majority of the area was developed. Page 322 of 468 Iowa Department of Transportation Agreement for a Revitalize Iowa's Sound Economy Program (RISE) Project RECIPIENT: Waterloo PROJECT NO: RM -8155(764)--9D-07 IOWA DOT AGREEMENT NO.: 2019-R-007 This is an agreement between Waterloo (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Revitalize Iowa's Sound Economy (RISE) fund under Iowa Code Chapter 315, and the application was approved by Transportation Commission Order No. PPM -2019-59 on March 12, 2019. Pursuant to the terms of this agreement, and applicable statutes and administrative rules the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with the construction of approximately 1,150 feet of Lone Tree Road located on the northwest side of town. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be Jennifer Kolacia, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, 515-239-1738, email Jennifer.Kolacia@iowadot.us. The Recipient's contact person shall be Noel Anderson, Community Planning & Development Director, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, noel.anderson@waterloo-ia.org, 319-291-4366. 3. The Recipient shall be responsible for the development and completion of the following described project: Construction of approximately 1,150 feet of Lone Tree Road located on the northwest side of town Project provides access to five lots totaling more than 38 acres for light industrial and manufacturing purposes. The associated economic development is the majority of the designated development area (38 acres in total and shown on Exhibit A) will be developed with RISE eligible land uses. See Exhibit A. Page 323 of 468 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, date of project approval (funding commitment) by the Transportation Commission shall be paid as follows: City RISE Funds: $383,360 City Local Contribution: $383,360 Project Total: $766,720 5. The local contribution stated above may include cash or non-cash contributions to the project. The Recipient shall certify to the DOT the value of any non-cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this agreement. If, as a result of the DOT's determination, the Recipient's total cash and non-cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion of total project costs paid by RISE grant shall not exceed the amount stated above $363,360 or 50 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DOT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients so affected. 11. The attached project implementation schedule, Exhibit D, shall be used unless the Recipient submits to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a revised implementation schedule. Page 324 of 468 12. The Recipient must have let the contract or construction started within three years of the date this project is approved by DOT. If the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 13. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third party beneficiaries be created by this agreement. 15. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 16. This agreement is not assignable without the prior written consent of the DOT. 17. If the project described in Section 3 of this agreement crosses a DOT primary road, then: A. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this projects' purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this projects' purposes shall be subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. Page 325 of 468 18. The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal -aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 19. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOT's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal -aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 20. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Within the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. The Recipient shall complete all known required environmental permits before the project is advertised for letting. In addition, the Recipient shall fully comply with all applicable environmental requirements before funds are reimbursed or credited. The approval of the project application for funding nor the signing of this agreement nor the concurrence to advertise shall be construed as approval of any required permit from DOT. 21. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter (IAC) 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 22. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 23. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at Page 326 of 468 least thirty (30) days prior to the project advertising of each division. Project cannot be advertised until DOT concurrence has been acquired. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project letting. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 24. The Recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 25. The Recipient shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the project. The Recipient shall also make such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the Recipient if requested. 26. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 27. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than five percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If, upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 28. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project the Recipient shall furnish a set of "as -built" plans of the project to the DOT. Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. 29. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Page 327 of 468 Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 30. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews and funding participation. 31. This agreement may be declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 32. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 33. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement, the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 34. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. 35. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to Page 328 of 468 the DOT. Failure to comply with this provision may be considered a default of this agreement. 36. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. 37. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E which is attached hereto and by this reference incorporated into this agreement. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. 39. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40. Local Development: The Recipient shall notify the DOT's contact person within 30 days of the date the RISE project was constructed and open to traffic. The Recipient shall certify to the DOT's contact person within three years of the date the RISE project is constructed and open to traffic any associated economic development which has resulted from the project, including infrastructure improvements, capital investment, and/or job creation. This certification by the Recipient is subject to review by the DOT. Land: The Recipient shall also provide certification documentation to the DOT's contact person within three years of the date the RISE project is constructed and open to traffic that the majority of the area that was developed is RISE eligible. The Recipient will certify that the developed area has been maintained as a RISE eligible development and that the said development meets RISE eligibility requirements. This certification by the Recipient is subject to audit by the DOT and the DOT has sole authority to determine whether the associated economic development has been accomplished. If the majority of the developed area is not RISE eligible then the Recipient shall pay back an amount determined by the DOT up to the full repayment of the RISE award. The DOT shall monitor the progress of the associated economic development following the construction of the RISE project. Failure to certify the associated economic development shall be considered a default under this agreement. Page 329 of 468 41. This agreement as set forth in sections 1 through 41 herein, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. Page 330 of 468 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2019-R-007 as of the date shown opposite its signature below. RECIPIENT: WATERLOO By: Date Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 By: Date , 20_ Craig Markley Director Office of Systems Planning Page 331 of 468 Exhibit A Project Site Map: '�I',yll(Illllllollll,lllllllll - 111111111111, �,. lUi+i11111111i1 oo, Jif puuuu11� r. uuuuliilll�11�11 o° )1 1 IIIIIIII Illlull (I�llgllglllllllllllllllll��Il + + ril uuu1111IVj Iffluulluuu , rofi h+ tlff�l «grca pl pi 'k Yf 11111 111111111f////'11111111111))11111 II III 1l��)11 11���111111�ll�Idl��llllllllll!111 p. ILII flll 111 w iiiiioll�(IIIIIIIIuuuul (111 . rr .II,,,h 11111 X100^1,, u mpoJt Meal 181 11110 0ry000,RoI+VOhI IOVrI,IiOryN11111ppipII 11(0 VIII 0 IIII';' quul�i�lJlllllh I11 I� I1I �� Ip 4 i r+1+IIIIIIIIIIIIu 10 01111 I lu ' li 1111111} UIV' A8774il glllilll �ll 717, �lfiiullll111, 11l Ili„4. Puu 1,1) II ulQ 11 i�1�IIII 1111 Bill 74871 70711 91114 Jd2w9. 117747V 711.7 51 Arl,lau. V.n"99 12 SA Atha* 1731. 5 14 )9 4241199 �� 1 9 1 1111111 ,b, u, F+ 1 M h,, oN1111YN 11111111, 1708477168 N � 4.537. 99 LOT' v1 , 4c..wa 25 5 59149119 11.,4777 115' :574,,44 2211ma tar 5 49757.., 8.07' Advo. 1 241 Jct. 1101, d9 Ado, Y,.f7 ti 91.5.9'.945919 I (,I'NIIu1 1111(W I°P, nnm71 ,116 "Yylp I� t p n5 R11"' I I',VIIII� 55091754449 42449144444 441 x,149 � m w w 9w,d�w9'a99 a w 6" 959,, 11,11."Ir' 1(11011, Page 332 of 468 Exhibit B Project activities or costs eligible for RISE funding, and which may be counted as part of the non -RISE participation in immediate opportunity and local development roadway projects, include only the following: a. Roadway resurfacing, rehabilitation, modernization, upgrading, reconstruction or initial construction, including grading and drainage, paving, erosion control, pavement overlays and shoulder widening and stabilization. b. Bridge and culvert repair, modernization, replacement or initial construction. c. Roadway intersection and interchange improvements including warranted traffic signalization when it is integral to the improvement. d. Public transportation system improvements, including but not limited to bus shelters, bus turnouts, and passenger information signage, when they are integral to the roadway improvement and were approved for inclusion in the project by the Department prior to the funding commitment. e. Bicycle and pedestrian infrastructure improvements, including but not limited to sidewalks, at -grade pedestrian crossings, bike lanes, and separated bike lanes, when they are integral to the roadway improvement and were approved for inclusion in the project by the Department prior to the funding commitment. £ Right-of-way acquisition costs, including but not limited to appraisals, negotiation, compensation, and cultural resources surveys necessary to comply with applicable local, state and federal laws, rules and regulations. g. Construction or improvement of motorist rest areas, welcome centers and information centers. h. Design engineering costs leading to construction plan development and construction inspection costs associated with RISE -financed projects. i. County and City bond principal and interest payments associated with RISE projects. No financing expenses incurred prior to funding commitment shall be eligible. Storm drainage and storm sewer costs to the extent needed for draining the roadway. k. Reconstruction or adjustment of utilities, including but not limited to water, sanitary sewer, electric, telephone, and natural gas, when utilities are located on private property and require replacement or relocation due to project construction; or said utilities are located in the public right-of-way and the utility is not required to relocate at its own expense. 1. Costs associated with the acquisition of local, state and federal permits required for roadway construction. Page 333 of 468 Exhibit C Activities or costs ineligible for RISE funding, and which may not be counted as part of the non - RISE participation in immediate opportunity or local development roadway projects, include but are not limited to the following: a. Any and all costs incurred prior to a funding commitment by the Transportation Commission unless granted advance eligibility to incur costs according to Administrative Rule 761-163.9(315)- b. Routine roadway, bridge and culvert maintenance, including but not limited to pothole filling, crack sealing, seal coating, patching, shoulder maintenance, gravel or earth roadway maintenance, and bridge painting. c. Winter roadway and bridge maintenance, including but not limited to snow plowing, sanding and salting. d. Overhead and operating costs associated with eligible project activities, including auditing. e. Expenses associated with the preparation and submission of applications for RISE funding. £ Pre -design engineering, feasibility or alignment studies, and other planning expenses. g. Traffic signalization, except as an integral part of a roadway project. h. Pavement marking and traffic signs, except as an integral part of a roadway project. i. Utility construction, reconstruction or adjustment except for those activities or costs described in Exhibit B, Item k. j. Safety appurtenances, except as an integral part of a roadway project. k. Lighting, except as an integral part of a roadway project. 1. Lighting energy and maintenance costs. m. Sidewalks, bicycle paths and railroad -highway crossings, except when replacing those facilities in service and affected by the project, or as an integral part of a roadway project. n. Parking expenditures, including those for structure, lots, meters, paving, and marking whether on -street or off-street parking. o. Non -roadway transportation expenditures, including those for railway, aviation, public transportation and inland waterway facilities and equipment. p. Purchase of furnishings, construction equipment and personal property. Page 334 of 468 Q. General government expenses and expenses associated with the provision of any public service which are not eligible for RISE program assistance. r. Donated right of way. Page 335 of 468 Exhibit D Project Implementation Schedule: Commission Approval Date: March 12, 2019 Construction: September 2019 Project Closeout: July 2020 Page 336 of 468 Exhibit E CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects) March 2019 Page 337 of 468 March 2019 CONTRACT PROVISION Targeted Small Business (TSB) Affirmative Action Responsibilities on Non -Federal -aid Projects (Third -party State -Assisted Projects) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(10), which is 51% or more owned, operated and actively managed by one or more women, minority persons, service -disabled veterans or persons with a disability provided the business meets all of the following requirements: is located in this state, is operated for profit and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State -assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Economic Development Authority Targeted Small Business Certification Program 200 East Grand Avenue Des Moines, IA 50309 Phone: (515-348-6159) Website: https://iowaeconomicdevelopment.com/tsb 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore, the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State -assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State -assisted programs. 5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Economic Development Authority (515-348-6159) to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. Page 1 Page 338 of 468 TSB Affirmative Action Responsibilities E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially usefulfunction. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACTAWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact Information". This form includes: (1) Name(s) of the TSB(s) contacted regarding subcontractable items. (2) Date ofthe contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes From TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre-bid Contact Information form. Page 2 Page 339 of 468 TSB Affirmative Action Responsibilities C. Contractors NOT Using Quotes From TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre -solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority -focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors' groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractors files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Economic Development Authority. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the contract award. Page 3 Page 340 of 468 Form 730007WP 7-97 co c0 0 0 c 0 U CO V / W z D o mQ J Q u_ 2 z CO U 0 i5 W Z I—O in 0 0 m < U >' O o > D_ 0 0 (To Be Completed By All Bidders Per The Current Contract Provision) co c o >, 0 C E a) co E co m 0 O c E o = U § C O 7 7 m Q O O7 E c u U p L a) o 2) U co a) 1— O U O c c o U 3o 0 O 01 C5 "E-'—_ ) 3 co c 2 0 O c a) o _a .0 c m O m a) E O > C O O_ • a) O OO RS' CO C o- c m a) O C en O O O CO >, .O CO aj io E > U) N 'i 0> a) U co -oa) m L a) a)� OU O 0 a) O C O Q 7 C a) a) L o I— Q L cn a) N a) 12 E a) O .0 cc c vi co O 0) a) -c a) a) E O 1) O O O7 co 1E a) D D O 4- N d) Ua) U O a) O_ Q co a) O O L m -c 0 m c a) 0) a) 0 0 0) 1- (o 4— N co O O) a) O CO a) m m m L U co 0 T co 0) U a) U a) 0) co E a) a) co U C O U U E u co 2 c O O u .0 0) O O en U O O 7 a) O O _ O U AD O = O a) CO • N E E Q 4- —O -c0 c L N -00 E a) co' LLJ co LL.I _ 0 t Z m w d uJ 0 0 m O z 0 z 0 O LL z LL 0 W J m 1- 1- Q z 0 UM C/) 1- w J J CQ 0 uJ H W C9 QUOTATION USED IN BID DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED c%) Lu z QUOTES RECEIVED DATES CONTACTED CT) >-z DATES CONTACTED 00 - 1- SUBCONTRACTOR Page 341 of 468 March 2019 UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 196.7, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Economic Development Authority (515- 348-6159) or from its website at: https://iowaeconomicdevelopment.com/tsb. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available from the Administering Office. b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. Page 5 Page 342 of 468 March 2019 The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. Page 6 Page 343 of 468 March 2019 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑YES ❑NO If no, explain 2. Were qualified TSB firms notified of project? _ YES ❑ NO If yes, by ❑ letter, ❑ telephone, _ personal contact, or _ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? _ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? _ YES _I NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date Page 7 Page 344 of 468 Iowa Department of Transportation Office of Systems Planning Planning, Programming and Modal Division 800 Lincoln Way, Ames, IA 50010 SUBMITTALS REQUIRED ON LOCALLY LET STATE -AIDED RISE/SRT PROJECTS 1 Except where indicated otherwise below, submittals should be sent to the address shown above or via email or TPMS, if applicable. If a consultant will be providing design and/or construction phase services on your behalf, you need to provide the project engineer with a copy of the agreement and this notice and determine who will make the required submittals. 1 As of the Transportation Commission Meeting date, you have the authority to start incurring costs for reimbursement. Note: grant funding cannot be disbursed until a fully executed agreement is on file. 1 An agreement will be sent to you either electronically or hard copy. Execute two original agreements and mail both to our office to fully execute. One original will be mailed to you for your records. (In prior agreed to circumstances, the agreement submission may be delayed.) 1 The RISE/SRT program is a cost -reimbursement program. This means that you will need to carry funds until disbursements are made. To request reimbursement, submit an original signed Claim Form 240011 along with copies of all invoices; copies of cancelled checks and all other supporting documentation (see instructions on Claim Form). The form is available at: http://www.iowadot.gov/forms/index.htm. I Submit one set of proposed bidding documents (this includes check plans submitted on 11x17 sheets, bidding proposal, DOT or Local specifications, special provisions, and any other standard contract requirements) for review (or digital plans). The bid package shall include the Targeted Small Business (TSB) Contract Provisions unless the contracting authority has developed their own comparable provisions. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. I Include a detailed cost estimate and indicate the anticipated letting date. Refer to the project agreement regarding when the submittal is to be made. Review time for bidding documents is a minimum of 30 calendar days. For Projects including Sidewalks, ADA compliance is required. S sheets contain sidewalk plan sheets and tabulations that show detailed information for sidewalk layouts that must comply with ADA laws. For more information, see Iowa DOT Design Manual section 1F-18. The S sheets contain the following items in the order listed: 1. Sidewalk Sheet Legend and Symbol Information Sheet. 2. Plan Sheets for Sidewalk Layouts. 3. Tabulation of Sidewalk. SUDAS and Iowa DOT jointly developed this section based on the July 26, 2011 "Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right -of -Way." This section was developed in accordance with Federal regulations (23 CFR 652 and 28 CFR 35) and is the standard for use by all governmental entities in the State of Iowa. A local jurisdiction may elect to produce their own standards; however, these will require review and approval by FHWA and/or the United States Department of Justice. Where sidewalks are provided, they must be constructed so they are accessible to all potential users, including those with disabilities. If an existing pedestrian path is within the project limits, the contract documents must address how or if pedestrian access will be provided. The pedestrian paths may remain open, may be closed or may be detoured. Remain Open: No special accommodations need to be made. Sometimes a statement is included in the contract documents stating the pedestrian path(s) are to remain open during construction. Closed: Type 11 barricades meeting the requirements of NCHRP Report 350 must be installed that extends the full width of the closed pedestrian path. The top rail of the barricade is to be 36 to 42 inches above the pedestrian path surface. The top rail of the barricade is parallel to the bottom rail and situated to allow Page 345 of 468 pedestrians to use the rail as a guide for their hands. The toe rail on the barricades must have minimum sight distance restrictions for road users. Per Section 2528.01A(10) of the Standard Specifications, the contractor must provide 10 calendar days advance notification of a pedestrian path closure to the Iowa Department of the Blind, curtis.chong@blind.state.ia.us and mark.edge@blind.state.ia.us; the National Federation of the Blind of Iowa, nfbiowa@qwestoffice.net; and the Construction Monitoring Engineer. Detoured: When crosswalks or other pedestrian facilities are closed or relocated, temporary facilities shall be detectable and shall include accessibility features consistent with the features present in the existing pedestrian facility. For more detail see Notes and Figure 6H.28 Sidewalk Detour or Diversion (TA -28) in the 2009 MUTCD at http://mutcd.fhwa.dot.gov/pdfs/2009/mutcd2009edition.pdf, page 688-689. 1 After addressing all review concerns/comments, submit a set of the final bidding documents and request DOT approval to let the project. a) If the project involves through traffic lanes on a primary route: proposed extra work orders are to be submitted for review and concurrence prior to approval; working day reports are to be submitted; and materials inspection submittals are to be made to the District Materials Engineer at the DOT District Office for your area, in accordance with applicable Material's Instructional Memorandums. b) If the project involves a new or revised interchange access, refer to the DOT, Office of Systems Planning, planning guide for further assistance and work with the appropriate District Engineering Office. The link to the Interchange Justification process is: http://www.iowadot.gov/systems_planning/pr_guide/Interchange%20Justification/Process%20for%20new 20or%20revised%20interstate%20access. pdf c) If the project involves any roadway improvements to a primary route, current DOT specifications and bid items are to be used for all work that pertains to the primary route. Also, one set of proposed bidding documents needs to be provided to the appropriate District Engineering Operations Technician along with a request for a permit. The permit needs to be obtained prior to project letting. If the project affects a primary route, refer to the project agreement and fulfill all obligations regarding right of way activities (if a consultant will be performing the services, ensure they make the required submittals). I Submit any addendums that are issued to bidders prior to the letting. 1 DOT recommends, the recipient request a pre-bid meeting and reiterate the importance of completing the TSB documentation correctly. Assist the bidders in locating the up-to-date TSB directory provided by the Department of Inspections and Appeals. Additional guidance is included in the Contact Provisions as part of the RISE/SRT agreement. Submit a copy of the pre-bid meeting minutes. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit E in the agreement. J Conduct the letting. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five (5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. J Following the letting, submit a tabulation of bids along with TSB documentation from all bidders; inform us of the contracting authority's determination regarding the lowest responsive bid/bidder and request Iowa DOT concurrence to award the contract. Also include in the request for concurrence: all needed right of way has already been obtained or that physical possession will occur prior to the letting. a) The Recipient shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DOT's Right of Way manual. The right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The DOT Office of Right of Way can assist if Page 346 of 468 additional guidance is needed. Their phone number is: 515-239-1216. b) The Recipient shall certify that all known required environmental permits have been received and that all environmental regulations have been complied. The DOT Office of Location and Environment can assist if additional guidance is needed. Their phone number is: 515-239-1225. 1 Following award of contract to the lowest responsive bidder, submit one copy of the contract. Submit a copy of the preconstruction meeting minutes, if a meeting was held. 1 The recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. 1 DOT Approval of Change Orders are needed on DOT Change Order Forms on the project if there is a change in the scope of the project prior to work being started or if the project includes work on a primary route (DOT jurisdiction); otherwise on all other recipient approved change orders, submit one copy of the fully executed change order for our file if minor work items are adjusted and scope of project is unchanged. 1 Before the recipient accepts the project, contact the Iowa DOT project manager and schedule a time to conduct a site review of the project for any noncompliance measures. 1 Upon project completion, submit an original Form 640003 ("Certificate of Completion and Final Acceptance of Agreement work") which is available at: http://www.iowadot.gov/forms/index.htm. Note: for RISE projects, the field completion date is the date the roadway was open to traffic. 1 Along with the Form 640003, an original "Checklist and Certification for the Utilization of Targeted Small Businesses (TSB) on Non -Federal -aid Projects" shall be completed by the Recipient and mailed in. This checklist is attached to the RISE agreement. 1 On RISE projects, submit two sets of final "as -built" project plans within six months after the roadway project is complete. On SRT projects, submit one set of final "as -built" project plans within six months after project is complete. ▪ The Recipient shall certify within three years of the date the RISE project is constructed and open to traffic any associated economic development which has resulted from the project, including infrastructure improvements, capital investment, and/or job creation. This certification by the Recipient is subject to audit by the DOT and the DOT has sole authority to determine whether the associated economic development has been consummated. ▪ The DOT shall monitor the progress of the associated economic development following the construction of the RISE project. Page 347 of 468 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with I & S Group, Inc. of Waterloo, Iowa, in an amount not to exceed $3,000, in conjunction with the Sprinkler Specifications for the City of Waterloo Public Market Building, and authorize the Mayor to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department 1 ppInning & Zoning Clerk Office Spice ATTACHMENTS: Description Spnbi.....i r Sp,c SUBJECT: Submitted by: Recommended Action: S ummary S tatement: Expenditure Required: Source of Funds: Reviewer Schroeder, Aric i1ven, LcAn i pdg Action Approved Approved Type _over Morn Date 3/27/2019 ... 10:36 AM 3/27/2019 ... 11:00 AAM Resolution approving a Professional Services Agreement with I & S Group, Inc. of Waterloo, Iowa, in an amount not to exceed $3,000, in conjunction with the Sprinkler Specifications for the City of Waterloo Public Market Building, and authorize the Mayor to execute said document. Submitted By: Aric Schroeder, City Planner Approval See the attached agreement for Scope of Services $3,000 GO Bonds Page 348 of 468 Document BlOr - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twenty-fifth day of March in the year Two Thousand Nineteen (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4311 Fax Number: 319-291-4286 and the Architect: (Name, legal status, address and other information) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Fax Number: 319-234-1517 for the following Project: (Name, location and detailed description) Sprinkler Specifications for the City of Waterloo Public Works Building, Waterloo, Iowa. The Owner and Architect agree as follows. ARCHITECT ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line In the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101Th —2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARN/NG: This Init. AIA l Document is protected by U.S„ Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM, Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maxlinum extent possible under the law. This document was produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) 1 Page 349 of 468 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Unknown. § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc) Unknown. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line lien! breakdown.) Unknown. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: AK Document B101 — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init, AIA Document Is protected by U.S. Copyri ht Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and witli be prosecuted to the maximum extent possible under the Iaw. This document was 1 produced by AIA software at 14:36:02 ET on 03126/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) 2 Page 350 of 468 Not yet determined. .2 Construction commencement date: Not yet determined. .3 Substantial Completion date or dates: Not yet determined. .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identibi method such as competitive hid or negotiated c011fraa, as well as any requiremensfor accelerated or fast-track design and construction, multiple bid packages, or phased construction) To be determined: Competitive bidding, Competitive quote, Negotiated contract or Multiple bid packages. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Ident(l and describe the Owner's Sustainable Objective for the Project, if any) N/A. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204Tm-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associatcd with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information) Quentin IIart, Mayor 715 Mulberry Street Waterloo, IA 50703 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact information) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: N/A AIA Document B1017" — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects, All rights reserved. VVARNING: This Init. AIA4, Document is protected byUS, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AA' Document, or any portion of It, may result in severe civil and criminal penalties, and MP he prosecuted to the maximum extent possible under the taw, This document was produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale, User Notes: (1967801701) Page 351 of 468 init. .2 Civil Engineer: N/A .3 Other, if any: (List any other consultants and contractors retained by the Owner) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Tim Verheyen, PE 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Email Address: tim.verheyen@is-grp.com § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 .2 Mechanical Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 .3 Electrical Engineer: I & S Group, Inc. (ISG) 314 East 4th Street AIA Document B101')" —2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AA 8 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA," Document, or any portion of it, may resuit In severe civil and criminal penalbes, and will be prosecuted to the maximum extent possible under the law. This document was produced by NA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale, User Notes: (1967801701) 4 Page 352 of 468 Init. Waterloo, IA 50703 § 1.1.11.2 Consultants retained under Supplemental Services: None to date. § 1.1.12 Other initial information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial information. § 1.3 The parties shall agree upon protocols governing the transmission and use of instruments of Service or any other information or documentation in digital form. 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. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203Tm-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 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) for each occurrence and Two Million Dollars and Zero Cents ($ 2,000,000.00) in the aggregate for bodily injury and property damage. AIA Document B101 TM - 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AVA0 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 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) Page 353 of 468 Init. § 2,5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5,1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits. § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars and Zero Cents ($ 1,000,000.00) each accident, One Million Dollars and Zero Cents ($ 1,000,000.00) each employee, and One Million Dollars and Zero Cents ($ 1,000,000.00) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance ofprofessional services with policy limits o f not less than Three Million Dollars and Zero Cents ($ 3,000,000.00) per claim and Three Million Dollars and Zero Cents ($ 3,000,000.00 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over thc Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. AIA Document B101 - 2017. Copyright CO 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING This AIA Document is protected by U.S. Copyright Law and Mtemational Treaties. Unauthorized reproduction or distribubon of this AIN, Document, or any portion of it, may result in severe civil and criminall penalties, and wilIl be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale, User Notes: (1967801701) 6 Page 354 of 468 § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work, § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 33 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. AIA Document B101 — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AM', Document Is protected by 111.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this ALA', 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 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) 7 Page 355 of 468 Init. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Const -ruction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors, Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; if necessary, .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: AIA Document B101 -2017, Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This MA* Document is protected by U,S. Copyright Law and International Treaties„ Unauthorized reproduction or distribution of thls Mk' 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 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1967801701) Page 356 of 468 .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner, § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201 TM -2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of thc Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations AIA Document B101 - 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIA'" Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA5 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 1 produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1967801701) 9 Page 357 of 468 Init. and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best ofthe 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 (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule, The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4,2 The Architect shall review and approve, or take other appropriate action upon, the 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. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose ofchecking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. AIA Document B101" — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The Arnerican Institute of Architects. All rights reserved. WARNING: This APO Document is protected by U.S. Copyright Law andinternationee Treaties. Unauthorized reproduction or distribution of this AIA e Document, or any 10 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to th maximum, extent po,slble under the law, This document was produced by AIA software at 14:36:02 ET on 03126/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) Page 358 of 468 Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to thc expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, i f neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible fbr providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreeinent) AIA Document BIO1TM — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init, AIAC Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AM', Document, or arty 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 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale, User Notes: (1967801701) 11 Page 359 of 468 N/A for sprinkler specifications project. Supplemental Services Responsibility (Architec(, Owner, or not provided) Not Provided — An Additional Service 4.1. . Programming 4.1.1.2 Multiple preliminary designs Architect — In Base Fee § 4.1.1.3 Measured drawings Not Provided — An Additional Service 4.1.1.4 Existing facilities surveys Not Provided — An Additional Service 4.1.1.5 Site evaluation and planning Architect In Base Fee Not Provided — An Additional Service § 4.1.1.6 Building Information Model management responsibilities 4.1.1.7 Development of Building Information Models for post construction use Civil engineering Landscape design Architectural interior design Not Provided — An Additional Service Architect — In Base Fee Architect — In Base Fee Architect — In Base Fee § 4.1.1.8 § 4.1.1.9 § 4.1.1.10 § 4.1.1.11 Value analysis Not Provided — An Additional Service § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Not Provided — An Additional Service 4.1.1.13 On-site project representation Not Provided — An Additional Service § 4.1.1.14 Conformed documents for construction Not Provided — An Additional Service § 4.1.1.15 As -designed record drawings Not Provided — An Additional Service § 4.1.1.16 As -constructed record drawings Post -occupancy evaluation Not Provided — An Additional Service Not Provided — An Additional Service A 4.1.1.17 § 4.1.1.18 Facility support services Not Provided — An Additional Service § 4.1.1.19 Tenant -related services Not Provided — An Additional Service § 4.1.1.20 Architect's coordination of the Owner's consultants Not Provided An Additional Service § 4.1.1.21 Telecommunications/data design Architect — In Base Fee § 4.1.1.22 Security evaluation and planning Not Provided — An Additional Service § 4.1.1.23 Commissioning Not Provided — An Additional Service § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1,3 Not Provided — An Additional Service § 4.1.1.25 Fast-track design services Not Provided — An Additional Service § 4.1.1.26 Multiple bid packages Historic preservation Not Provided — An Additional Service Not Provided - An Additional Service § 4.1.1.27 § 4.1.1.28 Furnitur , furnishings, and equipment design Architect — (Under separate Form ofProposal from general contract for bidding; fee to be determined per Furniture Sliding Fee Schedule) Not Provided — An Additional Service § 4.1.1.29 Inventory of Existing Furniture, Furnishings & Equipment § 4.1.1.30 Assisting/Coordination of Furniture/Furnishings when not under contract or by purchase order with Owner. Not Provided — An Additional Service § 4.1.1.31 Furniture Preliminary Design for budget purposes when not under contract or by purchase order with Owner. Not Provided — An Additional Service AIA Document B101111-2017. Copyright C) 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIA Document is protected by 0.5. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA5 Document, or any 12 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under th law, This document was produced by AIA software at 14:36:02 ET on 03126/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) Page 360 of 468 Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.3229 Other services provided by specialty Consultants Not Provided — An Additional Service 4.1.1.33 Other Supplemental Services Not Provided — An Additional Service Ro deleted) L § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. See Exhibit "A'' for detailed description of additional services. (Not Applicable for sprinkler specifications project) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. See Exhibit "A" for detailed description of additional services. (Not applicable fin. sprinkler specifications project). § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204Im-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to thc fault ofthe Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform perfon[i the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enacttnent or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, AIA Document B101 TJ - 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects, All rights reserved. WARNING: This Init. AIMDocument is protected by U.S, Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AVA', Document, or any 13 ,4 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 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1967801701) Page 361 of 468 Init. .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such 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; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Unlimited ( Unlimited ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Bi -weekly ( Bi -weekly ) visits to the site by the Architect during construction .3 Three ( 3 ) inspections for any portion of the Work to determine whether such portion or the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 ) inspections for any portion of the Work to determine final completion and one year-end warranty inspection. § 4.2.4 Except for services required under Section 16.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within Twenty-four ( 24) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services, ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. AIA Document B101 - 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNVNG: This AIMDocument Is protected by U.S. Copyright Law and International Treaties„ Unauthorized reproduction or distribution of this AIA4' Document, or any 14 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 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1967801701) Page 362 of 468 Init. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include tcst borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.11 § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E2041'm-2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, tnechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials, § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all conununications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, AIA Document 13101", — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNiNG This AIA 6 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAe Document, or any 15 portion of 8, 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 NA software at 14:3602 ET on 03126/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1967801701) Page 363 of 468 construction manager's fees, if any, and overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 lf, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6,6,4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and AIA Document BIOITM — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING; This Init. ABA,' Document is protected by U.S. Copyright Law and tntemational Treaties. Unauthorized vproduction or distribution of this AIM Docurnent, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07113/2019, and is not for resale, User Notes: (1967801701) 16 Page 364 of 468 other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for usc in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall be limited to the available proceeds of insurance coverage . § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien AIA Document B101 IM — 2017. Copyright 5 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Mk, Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this NA,' Document, or any 17 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 14:36:02 ET on 03/26/2019 under Order No,1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) Page 365 of 468 arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 81.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [1 Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. AIA Document B101 — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING This Init. AIN', Document is protected by U.S. Copyright Law and international Treaties. Unauthortzed reproduction or distribution of this AA 0 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 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) 18 Page 366 of 468 § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this Agrcernent for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the tnethod of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that arc consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. AIA Document B101 TM - 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. MA', Document Is protected by tJ.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIN,' Document, or any portion of It, rnay resutt in severe clvit and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1967801701) 19 Page 367 of 468 Init. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6.1 The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the Architect, its officers, partners, employees and subconsultants (collectively, Consultant) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of Architect. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Paragraphs deleted) Waterloo Public Works Building work shall be for the completion of sprinkler specifications for the purpose of bidding and shall be a fixed fee of $3,000. Reimbursable expenses, if any, shall be billed to the Owner as outlined at 11.8 Compensation for Reimbursable Expenses. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert anzount of or basis fin., compensation. If necessary, list specific services to which particular methods of compensation apply.) AIA Document 8101 1M — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. VVARNING: This AIM Document is protected by U.S, Copyright Law and Intemabonal Treaties, Unauthorized reproduction or distribution of this AIM Document, or any 20 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the rroaximum extent possible under the law. This document was produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale, User Notes: (1967801701) Page 368 of 468 See Hourly Rate Table attached as Exhibit "B". § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: See Hourly Rate Table attached as Exhibit "B". § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Fifteen percent ( 15.00%), or as follows: § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Design Development Phase Construction Documents Phase Bidding/Negotiations Phase Construction Phase Fifteen percent ( 15 %) Twenty percent ( 20 %) Forty percent ( 40 %) Five percent ( 5 %) Twenty percent ( 20 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work, Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services ofthe Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) See Hourly Rate Table as Exhibit "B". § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; AIA Document B1011m — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING This Init. AIM Docuinent is protected by U.S. Copyright Law and internationai Treaties. Unauthorized reproduction or distribution of this ALA', Document, or any portion of It, may result In severe civil and criminal p evoaltdes, and will he prosecuted to the maximum extent possible under the law. This document was 1 produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1967801701) 21 Page 369 of 468 Init. .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project -related expenditures including municipal and/or state plan review costs; .13 Life Cycle Cost Analysis (LCCA) is a process that is on occasion (depending on size) required by the State Fire Marshal and is performed by the Mechanical/Electrical Engineer. The engineer will study the existing system and compare to a more efficient system and determine what the cost savings will be. The analysis costs vary depending on the type of system, the square footage and complexity of the study. The average cost to the Owner is between $7,500 and $11,500 to have this analysis performed and will be billed to the Owner by the Architect as a reimbursable cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. .15 Additional consultant expenses may include, but are not limited to site survey(s), soil borings etc. These expenses will be billed as a reimbursable expense to the Owner. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent ( 15.00 %) of the expenses incurred. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of if applicable, to be determined ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 18.00 % Eighteen per annum § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbtu-sable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. AIA Document TM — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AA* Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this NA" Document, or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the rnaxlmum extent possible under the law. This document was produced by AIA software at 14:36:02 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) 22 Page 370 of 468 ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 MA Document B101 TM -2017, Standard Form Agreement Between Owner and Architect .2 Additional AIA Document: N/A .3 Exhibits: Exhibit "A" — Additional Services Description (N/A for specifications project). Exhibit "B" — ISG Hourly Rate Table (Paragraphs deleted) .4 Other documents: N/A § 13.3 To the maximum extent permitted by law, the Client agrees to limit the Architect and his or her subconsultant's liability for the Client's damages to the sum of $50,000.00 or the Design Professional's and his or her subconsultant's fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signatu 6 0 0 0 US 0 0 0 0 0 0 lb Quentin Hart, Mayor Tim Verheyen, PE, Principal 18 IP 0 0 (Printed name and title) (Printed name, title, and license number, if required)." ." 0, IV AIA Document B101 114 — 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AA 0 Document is protected by 0,5, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM Document, or any 23 portion of it, may result in severe and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:36:02 ET on 03/2612019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1967801701) Page 371 of 468 Page 372 of 468 I )911 I , r j ///;()/(())115T9 1,111irrIp 0(1 44:Alii fr(1/(4 ,, j ill/4(11/bl :/e/ f 0:,/, fill' I 'Y / '7,/f/fd/ 4Yj/ // 1 i Administrative |'K/ /\r[hi - Senior S 64-120 1 - Senior Landscape Architect $106-190 1 - Senior Landscape DesigneT $96-1 8 1 - Senior p� Business Developer Ivlark.eting_Consultant/Specia:ist | - Senior $120-|82 |-Sanior BusineSS iter Mechanical - Senior $90'100 | - Senior Civil Engineer i |-Sonbr 019'190 |'Senior Civil Designer Project Coordinator - Senior $93-134 |'yY Com ResPlanner___ Prc)ject Manager Construction Adminstrator Senior FinanConsultant. 1 - Senior $96-136 Electrical Engineer Structural Engineer |'Senior $117-190 | 'Scnior Electrical E)esigner ecnriical Writer Environmental Sclentist/Engjneer/Specialist 1- Senior $106-165 GIS Specialist - Senior Graphic Designer - Senior IT Specialist | - Senior Interior Designer | - Senior Land Surveyor - Senior $|O6-|64 $85-105 $|05'|SS $||O'|90 $98-176 isualization Specialist - Senior Videographer Equipment Expenses 3D LaseScanner All -Terrain Vehicle Drone Mapping Grade GPS Survey Grade GPS/Robotics Traffic Counter 1,.(1 PATr: $88-132 $||4'|82 $99-135 $|OU'|5S $|17'|98 $96-132 $|88'|4| $|2O-|76 $|fS �||5-|90 �|2O'|]5 $|4|'|7/ $120 $6| $24 $121 $18 $54 Mileage is billed at the IRS allowable rate Consultant subcontracts are billed at cost +10% �wQm[EI I( I v11'oI IAmIli G vv�o//r Page 373 of 468 Page 374 of 468 CITY OF WATERLOO Council Communication Resolution approving Professional Agreement with I & S Group, Inc. of Waterloo, Iowa, in an amount not to exceed $6,000, in conjunction with the remodeling of the Waterloo Library front steps, and authorize the Mayor to execute said documents. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department P ppInning & Zoning Clerk Office f'_ice ATTACHMENTS: Description y Fran - SUBJECT: Submitted by: st Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Schroeder, Ade nodding Action Approved Approved Type _over Memo Date 3/27/2019 ... 10:36 AM 3/27/2019 ... 10:44 AM Resolution approving Professional Agreement with I & S Group, Inc. of Waterloo, Iowa, in an amount not to exceed $6,000, in conjunction with the remodeling of the Waterloo Library front steps, and authorize the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Approval See the attached agreement for Scope of Services. $6,000 GO Bonds Page 375 of 468 Document BIOITM - 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Twenty-fifth day of March in the year Two Thousand Nineteen (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other informa(ion) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Telephone Number: 319-291-4311 Fax Number: 319-291-4286 and the Architect: (Name, legal status, address and other information) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Fax Number: 319-234-1517 for the following Project: (Name, location and detailed description) Remodeling of Waterloo Library Front Steps, Waterloo, Iowa. The Owner and Architect agree as follows. ARCHITECT ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attomey is encouraged with respect to its completion or modification. AIA Document B101Tu — 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING. This Init. AM', Document is protected by U.S, Copyright Law and international Treaties. Unauthorized reproduction or distribution of thls AlAo Document, or any portion of it, may result in severe clvdil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by NA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) 1 Page 376 of 468 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable" or "unknown at time o execution.") § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Unknown. § 1.1.2 The Project's physical characteristics: (IdentifY or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) Unknown. § 1.1.3 The Owner's budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Unknown. § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: init. AIA Document B101'11-2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING 'Thisnit. AIA.,, Document Is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA* DOCUITI nt, 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 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) 2 Page 377 of 468 Not yet determined. .2 Construction conunencement date: Not yet determined. .3 Substantial Completion date or dates: Not yet determined. .4 Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast-track design and construction, multiple bid packages, or phased construction) To be determined: Competitive bidding, Competitive quote, Negotiated contract or Multiple bid packages. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identib) and describe the Owner's Sustainable Objective for the Project, if any) N/A. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204"4-2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner's Sustainable Objective. If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information) Quentin Hart, Mayor 715 Mulberry Street Waterloo, IA 50703 § 1.1.8 The persons or entities, in addition to the Owner's representative, who are required to review the Architect's submittals to the Owner are as follows: (List name, address, and other contact injOrmation) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: N/A AIA Document B10111, — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING: This Init. AIA,' Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this .41/0 Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the I'll attimum extent possible under the law. This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No,1875935897 which expires 00 07/13/2019, and is not for resale. User Notes: (1179334002) Page 378 of 468 Init. .2 Civil Engineer: N/A .3 Other, if any: (List any other consultants and contractors retained by the Owner) § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information) Tim Verheyen, PE 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Email Address: tim.verheyen@is-grp.com § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 .2 Mechanical Engineer: I & S Group, Inc, (ISG) 314 East 4th Street Waterloo, IA 50703 .3 Electrical Engineer: 1 & S Group, Inc. (ISG) 314 East 4th Street AIA Document B101 — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING: This AIM" Document is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this MA* Document, or any portion of it, rnay result in severe civil and criminal penalties, and wtl be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) 4 Page 379 of 468 Waterloo, IA 50703 § 1.1.11.2 Consultants retained under Supplemental Services: None to date. § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect's services, schedule for the Architect's services, and the Architect's compensation. The Owner shall adjust the Owner's budget for the Cost of the Work and the Owner's anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. 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. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203114-2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202-04-2013, 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 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Comtnercial General Liability with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) for each occurrence and Two Million Dollars and Zero Cents ($ 2,000,000.00) in the aggregate for bodily injury and property damage. AIA Document 13101' — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by Tho American Institute of Architects. All rights reserved. WARNING: This Init. AA 4 Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe chill and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/1312019, and is not for resale. User Notes: (1179334002) 5 Page 380 of 468 § 2.5.2 Automobile Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Million Dollars and Zero Cents ($ 1,000,000.00) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers' Compensation at statutory limits, § 2.5.5 Employers' Liability with policy limits not less than One Million Dollars and Zero Cents ($ 1,000,000,00 ) each accident, One Million Dollars and Zero Cents ($ 1,000,000.00) each employee, and One Million Dollars and Zero Cents ($ 1,000,000.00 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than Three Million Dollars and Zero Cents ($ 3,000,000.00 ) per claim and Three Million Dollars and Zero Cents ($ 3,000,000.00 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect's negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect's services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information, § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the cornmencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. AIA Document B101 - 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects, All rights reserved. WARNING This Init. /WVDocument is protected by U.S. Copyright Law and international Treaties, Unauthorized reproduction or distribution of this AIA 4 Document, or any portion of it, FYN ay result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) 6 Page 381 of 468 § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project, § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner's approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. AIA Document B101 — 2017. Copyright CO 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIN?' Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of thiS AOA o 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 1 produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) 7 Page 382 of 468 § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; if necessary, .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner, § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: AIA Document B101TM — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING This Init. AlA Docuonent is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent posirible under the law, This document was 1 produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale,. User Notes: (1179334002) 8 Page 383 of 468 .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201 MI -2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201 -2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment, § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work coinpleted, arid to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. IIowever, 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. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations Init. AIA Document B101"" —2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved, INARNING This MA° Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this MA* Document, or any ci, 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 w / produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) Page 384 of 468 Init. and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's 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 (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or fir what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 Thc Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect's professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the 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. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the iteni is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Cont-ractor's design professional, provided the submittals bear such professional's seal and signature when submitted to the Architect. The Architect's review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set firth, in the Contract Documents, the requirements for requests for information. AIA Document B101 — 2017. Copyright c 1974, 1978, 1987, 1997, 2007 and 2017 by The Arnerican Institute of Architects: All rights reserved. WARNING: This Alitto Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlAQ 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 Vavv. This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) 10 Page 385 of 468 Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work, § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect's knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected, § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect's Supplemental Services and the Owner's Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 9.1.2 below or attach the description o services as an exhibit to this Agreement.) AIA Document 13101T 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING:, This Init. AIN, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIN', Document, or any 11 portion of it, may result In severe civil and criminal penalties, and will be prosecuted to th maximum extent possible under the law. This document was produced by AIA software at 1529:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) Page 386 of 468 Init. Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming Not Provided — An Additional Service § 4.1.1.2 Multiple preliminary designs Architect — In Base Fee § 4.1.1.3 Measured drawings Not Provided — An Additional Service A 4.1.1.4 Existing facilities surveys Not Provided — An Additional Service 14.1.1.5 Site evaluation and planning Architect — In Base Fee § 4.1.1.6 Building Information Model management responsibilities Not Provided — An Additional Service § 4.1.1.7 Development of Building Information Models for post construction use Not Provided — An Additional Service 4.1.1.8 Civil engineering Architect — In Base Fee Architect — In Base Fee Architcct — In Base Fee Not Provided — An Additional Service 4.1.1.9 Landscape design § 4.1.1.10 Architectural interior design § 4.1.1,11 Value analysis § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Not Provided — An Additional Service § 4.1.1.13 On-site project representation Not Provided — An Additional Service 4.1.1.14 Conformed documents for construction Not Provided — An Additional Service 14.1.1.15 As -designed record drawings Not Provided — An Additional Service § 4.1.1.16 As -constructed record drawings Not Provided — An Additional Service 14.1.1.17 Post -occupancy evaluation Not Provided — An Additional Service § 4.1.1.18 Facility support services Not Provided — An Additional Service § 4.1.1.19 Tenant -related services Not Provided — An Additional Service § 4.1.1.20 Architect's coordination of the Owner's consultants Not Provided — An Additional Service § 4.1.1.21 Telecommunications/data desi.n Architect lin Base Fee § 4.1.1.22 Securityevaluation and planning Not Provided — An Additional Service Not Provided — An Additional Service § 4.1.1.23 Commissioning § 4.1.1.24 Sustainable Project Services pursuant o Section 4.1,3 Not Provided — An Additional Service J 4.1.1.25 Fast-track design services Not Provided — An Additional Service Not Provided — An Additional Service Not Provided — An Additional Service 4.1.1.26 Multiple bid packages § 4.1.1.27 Historic preservation J 4.1.1.28 Furniture, furnishings, and equipment design Architect — (Under separate Form of Proposal from general contract for bidding; fee to be determined per Furniture Sliding Fee Schedule) § 4.1.1.29 Inventory of Existing Furniture, Furnishings & Equipment Not Provided — An Additional Service 4.1. . 0 Assisting/Coordination of Furniture/Furnishings when not under contract or by purchase order with Owner. Not Provided — An Additional Service § 4.1. . 1 Furniture Preliminary Design for budget purposes when not under contract or by purchase order with Owner. Not Provided — An Additional Service § 4.1.1.3229 Other services provided by specialty Consultants Not Provided — An Additional Service § 4.1.1.33 Other Supplemental Services Not Provided — An Additional Service AIA Document 8101N — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. 1NARNONG: This AIA 4 Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this Alike 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 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) 12 Page 387 of 468 Row dele(ed) § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect's responsibility is provided below. (Paragraph deleted) See Exhibit "A" for detailed description of additional services. § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. See Exhibit "A" for detailed description of additional services. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204Tm-2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate thc Architect as provided in Section 11.2. § 4.2 Architect's Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner's consultants and contractors, or to other Owner -authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall AIA Document B101"" — 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIM, Document Is protected by U,S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AlAo Docurnent, or any portion of IL 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 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) 13 Page 388 of 468 init. give prompt written notice to the Architect of the Owner's detemiination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Owner's notice. .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such 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; .3 Prcparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Unlimited ( Unlimited ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Bi -weekly ( Bi -weekly ) visits to the site by the Architect during construction .3 Three ( 3 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 ) inspections for any portion of the Work to determine final completion and one year-end warranty inspection. § 4,2.4 Except for services required under Section 3.6.6.5 and thosc services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been cornpleted within Twenty-four ( 24) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services, ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner's objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner's budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect, The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services, § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other AIA Document B101 Tg - 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING This AIA" Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA O Document, or any portion of it, may result In severe civil and criminal penaities, and will be prosecuted to the maximum estent pos ible under the law. This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No,1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) 14 Page 389 of 468 improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204m1-2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may bc reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, construction manager's fees, if any, and overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. AIA Document B10171, —2017. Copyright ()1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, WARNING: Thls Init. Aim Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA'' Document, or any 15 portion of it, may result in severe civil and criminal penalties, and will b prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) Page 390 of 468 § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget. The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner's budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect's services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. AIA Document B101 "r4 2017, Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIA Document is protected by U.S, Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AA * Document, or any 1 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 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) Page 391 of 468 § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of thc Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect shall indemnify and hold the Owner and the Owner's officers and employees harmless from and against damages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, but only to the extent they are caused by the negligent acts or omissions of the Architect, its employees and its consultants in the performance of professional services under this Agreement. The Architect's duty to indemnify the Owner under this provision shall he limited to thc available proceeds of insurance coverage . § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration AIA Document B10111, — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. AIN, Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this MA* 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 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) 17 Page 392 of 468 Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ Arbitration pursuant to Section 8.3 of this Agreement [ X ] Litigation in a court of competent jurisdiction [ Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before, suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. AIA Document B1011' — 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ali rights reserved. WARNING: This Init. AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribufion of this MA* Document, or any 18 portion of It, may result in severe civil and criminal penalties, and Mil be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) Page 393 of 468 § 9.6 If the Owner tertninates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect's termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing jee) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6.1 The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the Architcct, its officers, partners, employees and subconsultants (collectively, Consultant) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including AIA Document B101 — 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNiNG: This Init. AIN', Document Is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AM°, Document, or any 19 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 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and Is not for resale. User Notes: (1179334002) Page 394 of 468 Init. reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability, regulatory or any other cause of action, except for the sole negligence or willful misconduct of Architect. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 days' notice to the other party, when required by law, arbitrator's order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: (Paragraphs deleted) Waterloo Library Front Steps Remodel — said services shall be for the design and construction administration assistance for remodeling of front steps and shall be a fixed fee of $6,000. Reimbursable expenses, if any, shall be billed to the Owner as outlined at 11.8 Compensation for Reimbursable Expenses. § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) See Hourly Rate Table attached as Exhibit "Et". §11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: See Hourly Rate Table attached as Exhibit "B". AIA Document B101 — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Alt rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. UnauthorizA reproduction or distribution of this AtA0 Document, or any portion of 1, 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 15:29:26 ET on 03/26/2019 under Order No,1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) 20 Page 395 of 468 § 11.4 Compensation for Supplemental and Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus Fifteen percent ( 15.00%), or as follows: § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Fifteen percent ( 15 %) Design Development Phase Twenty percent ( 20 %) Construction Documents Forty percent ( 40 %) Phase Bidding/Negotiations Phase Five percent ( 5 %) Construction Phase Twenty percent ( 20 %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not he adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) See Hourly Rate Table as Exhibit "B", § 11.8 Compensation for Reimbursable Expenses § 11.8,1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the Architect's consultants' expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, AIA Document B101,11— 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Init. MA', Document Is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AIA.1° Document, or any portion of it, may restat In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the taw, This document was produced by AIA software at 15:29:26 ET on 03/260019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) 21 Page 396 of 468 .12 Other similar Project -related expenditures including municipal and/or state plan review costs; .13 Life Cycle Cost Analysis (LCCA) is a process that is on occasion (depending on size) required by the State Fire Marshal and is performed by the Mechanical/Electrical Engineer. The engineer will study the existing system and compare to a more efficient system and determine what the cost savings will be. The analysis costs vary depending on the type of system, the square footage and complexity of the study. The average cost to the Owner is between $7,500 and $11,500 to have this analysis performed and will be billed to the Owner by the Architect as a reimbursable cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. .15 Additional consultant expenses may include, but are not limited to site survey(s), soil borings etc. These expenses will be billed as a reimbursable expense to the Owner. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent ( 15.00 %) of the expenses incurred. § 11.9 Architect's Insurance. Utile types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Zero ($ 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of if applicable, to be determined ($ ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification, The Architect's payments to the Certifying Authority shall be credited to the Owner's account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid Thirty ( 30) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 18.00 % Eighteen per annum § 11.10.2.2 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) AIA Document B101111-2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING This Init. MA* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtA°' Document, or any 22 portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the iaw„ This document was produced by AIA software at 1529:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) Page 397 of 468 ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral, This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101 TM -2017, Standard Form Agreement Between Owner and Architect .2 Additional AIA Document: N/A .3 Exhibits: Exhibit "A" -- Additional Services Description Exhibit "B" — ISG Hourly Rate Table (Paragraphs deleted) .4 Other documents: N/A § 13.3 To the maximum extent permitted by law, the Client agrees to limit the Architect and his or her subconsultant's liability for the Client's damages to the sum of $50,000.00 or the Design Professional's and his or her subconsultant's fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted. This Agreement entered into as of the day and year first written above. OWNER (Signature) Quentin Hart, Mayor /A - ARCHITECT (Signatt re) Tim Verheyen, PE, Principal (Printed name and title) (Prin(ed name, title, and license ntunber, required) AIA Document B101 — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This init. AIM Document is protected by U,S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this MA" Document, or any portion of It, may result In severe MO and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:29:26 ET on 03/26/2019 under Order No.1875935897 which expires on 07/13/2019, and is not for resale. User Notes: (1179334002) 23 Page 398 of 468 Page 399 of 468 :/-i(p,WfI., 'TT/ 'iy7//,'d f',/, if//,, /27'7 ///'/7, je/zie y:yi / 'ffIlovivi)- ' f , ' #'01f.' '1;i/V,/)///yl2 'Z/Y,',,,Iff,,''''''''''' ' �z IfII IN/1 if) - Y P E H0 tEi fi'k A. T E m P 0 Y. E E 1"' E $64-120 $|O6-|90 Architectural - Senior $96-138 |' Senior $120-182 Business Writer Mechanical 'Sonior $90-100 |'Senior $117'190 Civil Engineer Mechanical Designer - Senior $119'190 1 - Senior $96'132 Civil Designer Project 1- Senior $93-134 |'K/ $108'141 �ornPla.nne,Y Project Manager - Senior $109-160 1- Senior Construction Administrator Senior Finance Consultant |'Seninr $96-136 Electrical Engineer- ! 'Jcnior $117'190 |'Scnkx Administrative 'K/ Architect - Senior Land Survey SpeciaI4 Senio, Landscape Architect. |'Senior [.....andscape Designer '3en|or $99'135 Business Developer MadKeting,ConsultantiSpecialist. 1- Senior $100'165 [Electric:al Designer Technical Writer - Senior $96-174 $120-1 76 $155 -190 1- Senior $120'135 Environmental Sc |'Senior $106-165 |'Senior GIS Specialist Videographer 1 'Senior $106'164 Graphic Designer Equipment Exp - Senior $85 -105 3D Laser Scanner $61 All -Terrain Vehicle $24 IT Specialist ------ Drone $121 |'Senior 185'1�� Mapping Grade GPS $18 Interior Designer Survey Grade GPS/Robotics $54 Traffic Counter $|| 1- Senior $110'190 Mileage is billed at the IRS allowable rate Consultant subcor,tracts are biIIed at cost � 1 0% I - Senior $98-176 $141-171 $120 xx�wT[[T�nE x'' [wv|KON" mTxL+ P/xww|wo u~, Page 401 of 468 CITY OF WATERLOO Council Communication Resolution approving a request by CGA Engineers on behalf of Fusion Investments, LLC for the final plat of Cedar Valley Crossing, a ten (10) lot commercial/industrial subdivision, located southwest of 3353 Marnie Avenue. City Council Meeting: 4/1/2019 Prepared: 3/27/2019 REVIEWERS: Department Reviewer Inning g a&; Zoning ATTACHMENTS: Description D Stapp R(Tort D Ariel Map D Final 1'➢a t D ➢....,a graa➢ Descrippt ou D t'./orit:raact Waiver D i.a;p"aodt rrtl Q rnty is , SUBJECT: Submitted by: Recommended Action: rtuticante of Su.rvIciiiy Action Approved Type Backtap.p Maatcnnaap l3acpcu.up .i\i. teariaal 'r Ma fiat Material IIpD Matcirial. .3.ack o ip .Material Date 3/27/2019 Resolution approving a request by CGA Engineers on behalf of Fusion Investments, LLC for the finalplat of Cedar Valley Crossing, a ten (10) lot commercial/industrial subdivision, located southwest of 3353 Mamie Avenue. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a request for the final plat of Cedar Valley Crossing Addition, a 10 lot commercial/industrial subdivision located southwest of 3353 Marnie Avenue. Please find attached to this council transmittal the following items: • Staff report • Aerial photograph • Final Plat • Legal Description • Contract Petition and Waivers • Report of City Engineer The request would not have a negative impact on the neighborhood, as the area is designated for commercial and light industrial uses with a number of existing commercial uses to the north and west. Page 402 of 468 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Highway 63/Sergeant Road is located adjacent to the property to the west and Mamie Avenue is located to the north. Highway 63/Sergeant Road is designated as a Principal Arterial Roadway. Marne Avenue to the north of the property is designated as a local street. Marne Avenue connects to "Lot 1 and Lot 10" on the Final plat and will be extended as part of the development to Tract A. The Future Land Use Map designates this site as Business Park: Professional Offices, Commercial with Compatible Light Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. The Final plat does show all the necessary information for the submission, such as a legal description, property lines with dimensions, proposed building dimensions, date, adjoining subdivisions, and engineer's certificate of survey, easements, right-of-way widths, deed of dedication, contract and petition waiver, and proper lot sequence. At the October 2, 2018 Planning, Programming and Zoning Commission meeting, the Commission unanimously recommended approval of the the final plat. None N/A Land Use and Economic Development, policies 1, 3 and 4. N/A LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH -SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF Page 403 of 468 Legal Descriptions: THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.22 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST. Page 404 of 468 REQUEST: APPLICANT(S): Surveyor: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: Cedar Valley Crossing Final Plat 4.1.19 Resolution approving a request by Cedar Valley Crossing on behalf of Fusion Investments, LLC for the final plat of a 10 lot commercial/industrial subdivision located southwest of 3353 Marnie Avenue. Fusion Investments, LLC, 13557 Sharwood Court, Dyersville, Iowa, 52040 CGA Engineering, Aaron Mueller, 5106 Nordic Drive, Cedar Falls, Iowa 50613 Resolution approving a request for a final plat for Cedar Valley Crossing, a ten lot commercial/industrial subdivision, located southwest of 3353 Marnie Avenue, just east of Highway 63. The request would not have a negative impact on the neighborhood, as the area is designated for commercial and light industrial uses with a number of existing commercial uses to the north and west. Highway 63/Sergeant Road is located adjacent to the property to the west and Marnie Avenue is located to the north. Highway 63/Sergeant Road is designated as a Principal Arterial Roadway. Marnie Avenue to the north of the property is designated as a local street. Marnie Avenue connects to "Lot 1 and Lot 10" on the Final plat and will be extended as part of the development to Tract A. It was determined during the Preliminary Plat approval that sidewalks would not be required. Existing Marnie Avenue does not have any sidewalks. The Complete Streets Advisory Committee had suggested that sidewalks should be required even though it will not currently connect to sidewalks, but will be able to be connected in the future as part of a sidewalk infill project, but the Preliminary Plat was approved by the Planning and Zoning Commission and City Council without a required sidewalk The Sergeant Road Trail is located west of the property along the west side of Highway 63/Sergeant Road and a trail is located to the north along the south side of Ridgeway Avenue. The site in question is zoned "M-1" Light Industrial District and has been since the adoption of the Ordinance 3455 on October 13, 1986. The surrounding properties zoning and uses are as follows: North: "M-1" Light Industrial District - Highway 63, vacant properties and commercial businesses East: "R-4 and R-3" Multiple Residence District — Apartments and condos South: "A-1" Agricultural District — Cemetery West: "B -P" Business Park District- Highway 63, commercial Page 1 Page 405 of 468 BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING Cedar Valley Crossing Final Plat 4.1.19 businesses and vacant property No buffering would be required as part of this request. There is an existing multi -family residential property located adjacent to the southeast corner of the proposed development. However, there is a sharp 10 foot drop off from where the multi -family residential property sits on the property at 900 feet to 890 feet for the proposed adjacent lots 3 and 4. So, no screening or buffering would be effective. A 56' drainage easement is noted along the western side of the plat and 10' to 20' drainage easements are located along various lots. There is also a 3.71 acre storm water management area located at the southwest corner of the proposed development. Commercial development has been taking place the past 10 years to the north and west of the property in question. Approximately 2% of the property is in the 500 year floodplain and 1% is located within the 100 -year special flood hazard area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 284F dated July 18, 2011. It should however, be noted that no proposed lots or development will occur in the identified special flood hazard area or 500 year floodplain. These floodplain areas are all located within the identified 3.71 acre storm water management area on the southwest corner of the property. No public or open spaces are located within the immediate vicinity. The Leonard Katoski Greenbelt is located approximately a half mile to the west. A 21" sanitary sewer is located along HWY 63 to the west of the property. A 8" sanitary sewer line that extends southward into the proposed development and 4" drain tile are located along Marnie Ave to the north. There is currently a 12" water main that dead ends on Marnie Avenue that is 2,500 feet long and ties into West Ridgeway Avenue. The Future Land Use Map designates this site as Business Park: Professional Offices, Commercial with Compatible Light Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan. Also, the request would be in conformance with the policy to continue to support infill development in the community as an alternative to other types of urban expansion. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. The plat is comprised of 31.26 acres in size and contains 10 lots for future commercial and industrial development. The plat shows the lots ranging in size from 1.96 to 3.35 acres. Page 2 Page 406 of 468 4.1.19 ORDINANCE: The "M-1" Light Industrial District is intended to provide areas of the community which are suitable for industrial development adjacent to commercial districts. STAFF ANALYSIS — The Final plat does show all the necessary information for the SUBDIVISION submission, such as a legal description, property lines with ORDINANCE: dimensions, proposed building dimensions, date, adjoining subdivisions, and engineer's certificate of survey, easements, right-of-way widths, deed of dedication, contract and petition waiver, and proper lot sequence. The Planning and Zoning Commission at their regular meeting on October 2, 2018 unanimously approved the final plat request for Cedar Valley Crossing. STAFF Therefore, staff recommends that the request for the Final plat RECOMMENDATION: of Cedar Valley Crossing be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan. 3. The plat will create an additional infill development site in the Primary Growth Area. Cedar Valley Crossing Final Plat Page 3 Page 407 of 468 City of Waterloo City Council April 1, 2019 yIWI 1I1w1111 0W11 �Illo ' 00411,1111 ollliifl0lllj ',III 111111011101 ,001,0r;;;,P,',1000011111,111 11111111111111111111 „„ 11101116 u IIIIIIIIIIIII 111111j14III81h � Iol�p . "u�,,,l�„',",ill lil,''14VPllliwlOII t �''i11j'!''JIIP'.i.''.I"lil�il��l�llll11h'iill11111'„ if'J'ilm 7lhlll'�VpVIV1 � uul(O II����� 111I I01uld liiii111111"'wl "31111P00000000000000F 4111111111111111111111 '10101011111011111111111000111111 111111111111111111111111 111111111111111111110000001 11iiiiiiiiiiii1 IiIIIIIIiiiill� uw�ll� '„ I6 aw 1111111111111111111111 1 111p „ � LV 111111 I'8191ill lii"iIBM�Jdi Moumn,'�orw Imrtn�lYhr��� JII�I'IPIf Illmuuuuuuu!II d'IIIIIII� .i111111,1111111III„II ,',1111,1„1, SW of 3353 Marnie Avenue Final Plat Request Fusion Investments, LLC Page 408 of 468 N,p�.^-� '���E""`or °"11' �"' �`uwW ;� 350 175 0 350 Oa 'IP 1Feet Aaron Mueller, PLS , Clapsaddle-Garber Associates Inc., 5106 Nordic Dr., Cedar Falls, IA 50613, (319) 266-0258 SURVEYOR'S CERTIFICATE CEDAR VALLEY CROSSING is a subdivision of the land described in Exhibit 'A' attached hereto and made a part hereof. For a more definite location and description, reference is made to a Final Plat dated [MONTH] [DATE], 2018, attached hereto and made a part hereof. Said CEDAR VALLEY CROSSING is divided into Ten (10) numbered lots, numbered consecutively from One (1) through Ten (10), both inclusive. The number of each Lot is designated on the Final Plat by figures near the center of each Lot. Tract 'A', is designated as Public Street Right -of -Way for Marnie Avenue. This street is now being dedicated in fee simple to the public. Street intersection radiuses are as shown on final plat with dimensions noted. Dimensions of each lot, street widths, and distances from government lines and corners are shown in feet and decimals thereof on said Final Plat. Lot areas are provided pursuant to the provisions of Section 354.6, Paragraph 3, Code of Iowa in Exhibit "B", attached hereto and made a part hereof. A 1/2" re -bar with a yellow plastic cap embossed with "MUELLER LS 21428" will be set at each point indicated by a small circle, marked —o- on said plat by [MONTH] [DATE], 2019. Utility, Storm Water, and Sanitary Sewer easements are reserved along lot lines as shown on said Final Plat, and in widths noted. I hereby certify that this Final Plat, Report and Land Description were prepared by me or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa EXECUTED in Cedar Falls, Iowa this [DATE] day of [MONTH], 2018 if ,! rerr be seo.,.`1'',,, 8 Licen(F3e.al bate: December 31, 2018 Page 410 of 468 Exhibit "A" LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH -SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.22 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST. Page 411 of 468 EXHIBIT 'B' TRACT (STREET R.O.W. AND STORM WATER MANAGEMENT AREA) AREA IN ACRES TRACT A 1.79 TRACT B 3.71 LOT AREA IN ACRES 1 2.00 2 3.35 3 3.11 4 2.08 5 1.98 6 1.96 7 2.14 8 2.04 9 2.01 10 2.01 NOTE: The determining of lot and street areas is for assessment and taxation purposes only and in accordance with the provisions of Section 354.6, Paragraph 3, Code of Iowa Page 412 of 468 Laura R. Luetje, AT#0008915 Preparer Information: Laura R. Luetje, 210 N.E. Delaware Avenue, Suite 200, Ankeny, Iowa 50021; (515) 964-8777 After Filing Return To: City of Waterloo, 715 Mulberry St., Waterloo, IA 50703 Address Tax Statement: City of Waterloo 715 Mulberry St. Waterloo, IA 50703 DEED OF DEDICATION AND CONSENT OF OWNER TO CEDAR VALLEY CROSSING, WATERLOO, BLACK HAWK COUNTY, IOWA For the consideration of One Dollar(s) and other valuable consideration, Fusion Investments, LLC, a Limited Liability Company organized and existing under the laws of the State of Iowa, and with its principal place of business in Waterloo, Iowa (the "Owner") being desirous of platting the land described in the attached Exhibit "A", does by these presents, designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be hereafter known as and called: "Cedar Valley Crossing, Waterloo, Black Hawk County, Iowa" as follows: The undersigned does further covenant and agree, for itself, its successors, and assigns, that the respective lots and tracts in said Plat shall be, and the same are hereby, subject to the following restrictions and easements, as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed, contract or mortgage that the undersigns or its successors in interest may hereafter make, and that such restrictions and easements shall run with the land, and with the described lots for the length of time and in the following particulars: 1. Lots in said Addition may be used for any purpose permitted by the Zoning Ordinances of the City of Waterloo. 2. For the mutual benefit of the undersigned and its successors in the ownership of any and all of the lots in said Plat, and of such public and private corporations and agencies as may have occasion to serve, service or supply any of said lots with water, sewer, gas electricity, or communications services, the undersigned does hereby expressly and specifically reserve and Page 413 of 468 establish the following permanent easements in relation to the lots in said subdivision. a. The company or agency supplying electricity or communications service in said subdivision shall have the right to construct, maintain, and operate permanent underground electricity or communication feeder or service facilities, with other appurtenances necessary thereto, along the easement lines of all lots as shown on the Plat of subdivision. b. The City of Waterloo, Iowa, and any public utility company having a franchise for the distribution and sale of gas in said City, shall have the right to construct and maintain sewer, water, and gas service lines in, over, and across those strips of land located as shown by the easement lines on the Plat attached hereto. The proprietors, agents, and workman of all such service corporations or agencies shall have the right of reasonable access to their said services and installations for the purpose of proper construction and maintenance of their lines and equipment. Perpetual easements for surface drainage are hereby granted over the strip of land located as shown by the easement line shown on the attached plat. c. Established charges under current ordinances of the City of Waterloo will be paid for hook up charges to public sanitary sewers. 3. The undersigned hereby is the declarant of the following Declaration of Covenants, Conditions and Restrictions (hereinafter "Declaration") listed in Exhibit "B" to this Deed of Dedication. Said Declaration shall be binding on and shall run with the land as if fully set forth in a separate recorded document. 4. The undersigned and all persons and corporations hereafter acquiring any right, title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the use and construction or building thereon, for a period of 21 years from the date of filing of said plat, and this deed of dedication for record. Within the period of 21 years and in accordance with Iowa Code § 614.24 and §614.25 or their successor provisions, these covenants, restrictions and stipulations may be extended for an additional period of 21 years upon compliance with § 614.24 and §614.25 of the Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of 21 years or successive 21 year periods, then the covenants, restrictions and stipulations contained herein shall teiminate at the end of the existing period of 21 years. 5. If any owner of any lot in said subdivision shall violate or attempt to violate any of the covenants or restrictions herein while in force it shall be lawful for any other person or persons owning a lot in said subdivision and adversely affected thereby, to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate the same, either for injunctive relief and/or for damages. 6. Invalidation of any one of the foregoing covenants by judgment, decree, or court order shall in no way affect any of the other provisions of this dedication and such other provisions shall remain in full force and effect. 7. The undersigned hereby dedicates and sets apart for public use the streets shown on the Page 414 of 468 attached Plat. IN WITNESS THF REOF, this instrument k as been signed at on this \. S day of Dated: ,, 20 ST Ii OF IOWA, -)UNTY OF ,20/ Fusion Investments, Icy Si nature Printed Name This record wasac . knt7wvedgecl before me on Duston Investments, LL H KIRKEVO I ISS1ON NO. eau MISSION ExPi� ULY 27, 2019 20 1, by Signature of Notary Public Page 415 of 468 Exhibit "A" LEGAL DESCRIPTION EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH -SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.21 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) NOTE: ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST. Page 416 of 468 EXHIBIT "B" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF CEDAR VALLEY CROSSING A SUBDIVISION IN WATERLOO, BLACK HAWK COUNTY, IOWA THIS DECLARATION, made this day of , 20 PRELIMINARY STATEMENT WHEREAS, The Declarant is the Owner of certain real property platted and known as Cedar Valley Crossing, located within the City of Waterloo, County of Black Hawk in the State of Iowa, the legal description of which is: EXCEPT ANY LEGAL HIGHWAYS THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION NO. 6, TOWNSHIP NO. 88 NORTH, RANGE NO. 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 649.45 FEET (649.59 FEET) TO THE OLD NORTH -SOUTH FENCE LINE THROUGH STA. 876+41, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST) ALONG THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 1051.55 FEET (1052.14 FEET) MORE OR LESS TO A POINT 119 FEET PERPENDICULAR DISTANCE RIGHT FROM STA. 857+32.67 SURVEY CENTERLINE OF U.S. HIGHWAY NO. 63; THENCE NORTH 36 DEGREES 01 MINUTES 55 SECONDS EAST (NORTH 35 DEGREES 43 MINUTES EAST) ALONG THE SOUTHEASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. 63, 1393.38 FEET TO THE WESTERNMOST CORNER OF LOT 4 IN SOUTH WATERLOO COMMERCIAL PARK PLAT BOOK 26 PAGE 74; THENCE SOUTH 53 DEGREES 57 MINUTES 15 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 4, 409.53 FEET (410.00 FEET) TO THE SOUTHERLY MOST RIGHT-OF-WAY OF MARNIE AVENUE; THENCE NORTH 36 DEGREES 01 MINUTES 37 SECONDS EAST (SOUTH 35 DEGREES 27 MINUTES 24 SECONDS WEST), 212.00 FEET (211.70 FEET) TO THE WESTERNMOST CORNER OF LOT 5 IN SAID SOUTH WATERLOO COMMERCIAL PARK; THENCE SOUTH 53 DEGREES 57 MINUTES 50 SECONDS EAST (NORTH 54 DEGREES 32 MINUTES 36 SECONDS WEST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5, A DISTANCE OF 535.21 FEET (535.23 FEET) TO THE SOUTHERNMOST CORNER OF SAID LOT 5; THENCE SOUTH 0 DEGREES 33 MINUTES 48 SECONDS WEST (SOUTH 0 DEGREES 13 MINUTES 00 SECONDS WEST), 340.27 FEET TO THE NORTHEAST CORNER OF PARCEL "C" FILE NUMBER 2012-00017524; THENCE NORTH 89 DEGREES 46 MINUTES 09 SECONDS WEST (NORTH 89 DEGREES 25 MINUTES 08 SECONDS EAST) ALONG THE NORTH LINE OF SAID PARCEL "C", 200.01 FEET (200.00 FEET) TO THE NORTHWEST CORNER OF SAID PARCEL "C"; THENCE SOUTH 0 DEGREES 32 MINUTES 07 SECONDS WEST (NORTH 00 DEGREES 17 MINUTES 39 Page 417 of 468 SECONDS WEST) ALONG THE WEST LINE OF SAID PARCEL, 409.92 FEET (410.00 FEET) TO THE SOUTHWEST CORNER OF SAID PARCEL; THENCE NORTH 89 DEGREES 44 MINUTES 07 SECONDS WEST (SOUTH 89 DEGREES 55 MINUTES 10 SECONDS WEST), A DISTANCE OF 449.55 FEET TO THE POINT OF BEGINNING. *(INDICATES RECORD BEARINGS AND DISTANCES) NOTE: ALL BEARINGS ARE BASED ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.63 BEARING NORTH 36°01'55" EAST. WHEREAS, The Declarant desires to provide for the preservation of the values and amenities of Cedar Valley Crossing, for the maintenance of the character and residential integrity and for the purpose of enhancing and protecting the desirability and attractiveness of the Lots contained therein. NOW, THEREFORE, the Declarant hereby declares that Lots 1 through 10, Tract B, and the Stoiin Water Management Area located on the Plat of Cedar Valley Crossing (each a "Lot" and together, the "Lots"), inclusive, in Cedar Valley Crossing shall be held, sold, and conveyed subject to the following restrictions, covenants, conditions and easements, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Lots, and the enjoyment of the residents of the Lots. These restrictions, covenants, conditions and easements shall run with such Lots and shall be binding upon all parties having or acquiring any right, title or interest in each Lot, or any part thereof, as is more fully described herein. The Lots are, and each Lot is and shall be subject to all and each of the following conditions and other terms, except as may otherwise to be provided herein: ARTICLE I DEFINITIONS A. "Association" shall mean and refer to the Cedar Valley Crossing Owners' Association, a non-profit corporation organized pursuant to the Revised Iowa Nonprofit Corporation Act, as well as any of its successors or assigns. B. "Declarant" shall mean and refer to Fusion Investments, LLC, its successors, or assigns pursuant to a recorded assignment. C. "Developer" shall mean and refer to Fusion Investments, LLC, its successors or assigns pursuant to a recorded assignment. D. "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Cedar Valley Crossing, other than streets or out lots. ARTICLE II GENERAL RESTRICTIONS AND COVENANTS RELATING TO LOTS WITHIN THE PLAT A. Each Lot shall be used exclusively for any purpose allowed by the applicable zoning ordinances of the City of Waterloo, Black Hawk County, Iowa, and any further Page 418 of 468 restrictions as set forth herein by the Declarant, and as amended from time to time thereafter. B. No incinerator or trash burner shall be permitted on any Lot. No garbage or trash can or trash container shall be permitted unless completely screened from view, except for trash pickup purposes. No garbage, refuge, rubbish, or cutting shall be deposited on any street, road or Lot. C. The Owner of each Lot shall keep the same free of weeds and debris. No grass, weeds, shrubs, trees, or other vegetation will be allowed to remain on any Lot that constitutes an actual or potential public nuisance, create a hazard or undesirable proliferation or detract from a neat and trim appearance. Vacant Lots shall not be used for dumping of earth, concrete remains, or any waste materials, brush, or any other debris. D. No temporary structure, trailer, tent, shack, garage, barn, or other building shall be used on any Lot at any time as a residence or business, either temporarily or permanently. E. No residence, building, fence, wall, driveway, patio, patio enclosures, landscaping, or other external improvement, above or below the ground (herein all referred to as any "Improvement") shall be constructed, erected, placed or permitted to remain on any Lot, nor shall any grading or excavation for any Improvement be commenced until the owner has confirmed compliance with this declaration. F. Subject to the provisions of sub -paragraph II(A) above, construction of a building on any Lot purchased must commence within twelve (12) months of purchase or Declarant shall have the right to purchase the Lot at eighty percent (80%) of the price the Owner paid for the Lot. ARTICLE III RESTRICTIONS AND COVENANTS RELATING TO SITE DEVELOPMENT A. No fences, walls, hedges or barriers shall be permitted upon or adjoining Lot lines except as follows: The Declarant, in its sole discretion, must approve all fences and any other materials that may be contemplated. 2. Driveways must be cut in. Curb grinding is not permitted. Where required, truncated domes at sidewalk ramps must match existing. 3. Buyer and/or Contractor are responsible for all utility connection fees, including: Water Sanitary B. A maximum of 80% coverage of impervious materials per lot shall be allowed. Any additional impervious area shall require the prior consent of the Declarant, and a supplemental storm water detention for the area. Page 419 of 468 C. Any owner shall first provide Koelker Excavating, it successors, or assigns a right of first refusal to complete any and all grading work and utility work for initial sitework or future additions. If after thirty (30) days notice Koelker Excavating determines that it is unable or unwilling to take on the project, or otherwise does not accept the work, the owner may contact another company of his or her choice. D. Storm Water Management Facility. Upon taking possession of a Lot, the Owner agrees to comply with all erosion control requirements applying to their Lot including but not limited to: Owners, their agents, assigns, heirs and/or building contractors shall take all necessary precautions to properly and lawfully manage storm water runoff; to prevent, stabilize, and/or control erosion; to prevent sediment migration and soil erosion from extending beyond the boundaries of the Lot and in the event of any of the above requirements are not met, to promptly clean up all eroded sediment and to restore all affected areas to their original condition and take all remedial steps required pursuant to applicable law, including City of Waterloo requirements. ii. Owners shall comply with all applicable Federal, State and local erosion control ordinances and permits which pertain to the Property, including, but not limited to, becoming a transferee of the Iowa Department of Natural Resources NPDES General Permit No. 2 (the permit) and having in place a Storm Water Pollution Prevention Plan (SWPPP) as required by the Environmental Protection Agency (EPA). iii. If the Declarant or a Lot Owner is cited for or notified about an alleged violation or any erosion control provision or storm water management requirements which occurs after an Owner takes possession of a Lot by a governmental authority including the City of Waterloo, for a condition existing on or coming from the Owner's Lot or migrating beyond the Lot or other violation of law, the Owner shall promptly take the remedial action and corrective measures requested by the governmental authority and the Owner shall also indemnify and hold the Declarant harmless from and against any and all claims, damages, fines, attorney fees, assessments, levies and/or costs incurred by the Declarant related to the citation or notice caused by the Owner's action or inaction. iv. If in the opinion of the Declarant or the Association, erosion is not properly controlled, corrective action may be taken by the Declarant or the Association, and an automatic easement granted to implement the corrective action, and the actual costs thereof plus an administrative fee, as determined by the Declarant or Association, shall be assessed against the offending Lot. v. Drainage and water runoff from an Owner's Lot shall not adversely affect any other Owner or Street and each Owner shall indemnify and hold Page 420 of 468 harmless all other Owners, the Declarant and the Association from and against any and all damages or liability caused by an Owner's violation of this paragraph regarding drainage and water runoff. vi. The Association shall further manage and control the Storm Water Management Area, and any and all other storm water retention or controls, located within the Final Plat. E. Storm Water Detention — Lot 1. Lot 1 of Cedar Valley Crossing shall be required to maintain its own one hundred (100) year storm water detention facility. Said facility shall release to the public facility located on and within Tract A of Cedar Valley Crossing. F. Storm Water Detention — Lot 4 South Waterloo Commercial Park — Said Lot 4 of South Waterloo Commercial Park is outside of Cedar Valley Crossing, but shall be governed by this Deed of Dedication, subject to any conflicting Deed of Dedication, covenants, or other restrictions thereon. Said Lot 4 South Waterloo Commercial Park shall be allowed to convey stoim water to the drainage easement on the West side of Lot 10 of Cedar Valley Crossing. Said storm water will be detained in Tract "B" of Cedar Valley Crossing. ARTICLE IV RESTRICTIONS AND COVENANTS RELATING TO BUILDING STANDARDS Good aesthetic design is a very important covenant for buildings within Cedar Valley Crossing. The highest standards of architectural quality are encouraged. A. Criteria and Guidelines: 1. Vinyl or steel sidings shall be allowed. 2. Roof materials shall be a minimum of 30 -year warranty. 3. No prefabricated, mobile home, modular home, pre -built home, or any type of home brought to the lot by truck or trailer, substantially constructed and set upon the lot by crane or otherwise will be allowed within Cedar Valley Crossing. The preceding paragraph does not intend to disallow the use of pre -fabricated roof trusses, components, or panelized sections of a building constructed off-site. ARTICLE V MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION A. Membership and Voting Page 421 of 468 Every Lot Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated and ownership of any Lot that is subject to assessment hereunder. Ownership of a Lot shall be the sole qualification for membership. Subject to provisions of Section B of the Article, the Owners of a Lot shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any Lot. B. Declarant as Sole Voting Member The Declarant, its successors or assigns shall serve as the Board of Directors and shall be the sole voting member of the Association until such time as Declarant no longer owns an interest in any of the Lots in Cedar Valley Crossing, or until such time as Declarant waives, in writing, its right to be the sole voting member. Upon Declarant waiving its right to be the sole voting member, Declarant shall elect the initial Board of Directors. Until such time as Declarant establishes a Board of Directors, all required submittals shall be made to the Declarant and Declarant shall have sole authority of approving or disapproving all required submittals and shall be given full authority established herewith. Each Owner by acceptance of a deed to a Lot shall be deemed to have released Declarant from all claims with respect to actions taken or not taken while Declarant controls the Association. C. Board of Directors Once the Declarant establishes the Board of Directors, it shall consist of five (5) members initially appointed by Declarant, its successors or assigns. Subsequently, the voting Members shall elect a Board of Directors as prescribed by the Bylaws of the Association. The function of the Board shall be to interpret, apply and enforce these covenants and to approve or disapprove all new construction, remodeling, modification, improvement or alteration on or to any residential lot within the plat. In addition, the Board of Directors shall carry out and manage the affairs of the Association and providing for the maintenance of the common amenities. D. Suspension of Voting Rights The Association shall suspend the voting rights of a Member for any period during which any Assessment hereunder against his/her/its Lot remains unpaid and for a period not to exceed sixty (60) days for any infraction of the published rules and regulations of the Association. E. Notice of Meetings of Members Unless the Articles of Incorporation or the Bylaws otherwise provide, written notice stating the place, day and hour of the meeting and in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered no less than five Page 422 of 468 (5) nor more than fifty (50) days before the date of the meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail addressed to the Member at his/her/its address as it appears on the records of the Association, with postage thereon prepaid. F. Duration No dissolution of the Association shall occur without the prior approval and consent of the City of Waterloo, Iowa. ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessments The Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or other charges, (2) special assessments for capital improvements and operating deficits to be established and collected as hereinafter provided. The annual and special assessments or other charges, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment shall also be the joint and several personal obligation of each person who was the Owner of such property at the time when the assessment became due. B. Purpose of Assessments The assessments levied by the Association shall be used exclusively to promote the health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Amenities situated on the Properties and for carrying out the business of the Association as well as other purposes specifically provided herein. More specifically, the Association shall be responsible for maintaining the landscaped areas at the entries to the development and any other areas the Declarant or Association may decide to landscape. In addition the Association shall be responsible for all entry features, which may be located on the corner lots as you enter the development, including all masonry columns, walls, fencing, signage, and lighting including the electric bills for such lighting that was installed by the Developer. Common elements shall include but not be limited to the streets and sanitary sewer system that serves the Plat. C. Monthly Assessments The initial monthly assessment shall be Dollars ($ ) per Lot. Lot 1 shall always pay one-half (1/2) of the normal assessed value for each respective lot (e.g. if assessments are $100.00 per month per lot then Lot 1 would pay $50.00 total for that respective monthly assessment, annual, or special assessment). Page 423 of 468 Thereafter, the annual assessment may be adjusted effective January 1 of each year, but if any increase such increase shall not be more than ten percent (10%) greater than the maximum assessment for the previous year without the vote of a majority of Members who are voting in person or by proxy at a meeting duly called for this purpose. A portion of such annual assessments shall be set aside or otherwise allocated in a reserve fund for the purpose of providing repair and replacement of the Common Amenities and any capital improvement that the Association is required to maintain. At the closing of a Lot, either by transfer of title or in the event of a contract sale, the initial year's annual assessment shall be due. In subsequent years, each annual year's assessments shall be due on January 10th for the following year. Declarant shall not be liable for annual or special assessments upon Lots owned by it. Declarant is not responsible for the establishment of a budget as long as Declarant is the sole voting member of the Association. The Association and Declarant are not required to submit statements for assessments to any Owner. All annual assessment payments shall be made by January 10th or each year. D. Assessments for Insurance The Association shall purchase a master comprehensive liability insurance policy in such amounts as the Board of Directors shall deem appropriate from time to time. Such comprehensive public liability insurance policy shall cover the Association, its Board of Directors, any committee or organization of the Association, its agents or employees, the Owners and all other persons entitled to occupy any Lot. E. Special Assessments for Capital Improvements and Operating Deficits In addition to the annual assessment authorized above, the Association may levy a special assessment for the purpose of defraying in whole or part, the cost of any construction, reconstruction, repair or replacement or a capital improvement that the Association is required to maintain or for operating deficits that the Association may from time to time incur, provided that any such assessment shall have the assent of a majority of the Members who are voting in person or by proxy at a meeting called for this purpose. Uniform Rate of Assessment Both the annual and special assessments must be fixed at a uniform rate for all Lots, with the exception previously enumerated for Lot 1. G. Effect of Nonpayment of Annual and Special Assessments or Other Charges: Remedies of the Association Any assessment or other charges not paid within thirty (30) after the due date shall bear interest from the due date at the rate of fifteen percent (15%) per annum or at the highest rate allowed by Iowa law, whichever is lower. The Association may bring an action at law against the Owner of a Lot personally obligated to pay the same, or foreclose the lien Page 424 of 468 against the property in the manner provided for foreclosure of a mortgage, or both, and there shall be added to the amount of said assessment or other charges all cost and expenses incurred by the Association in collecting said assessments or other charges, including reasonable attorney's fees, whether or not legal action is required in connection therewith. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Amenities or abandonment of the Owner's Lot. H. Subordination of Assessment Liens The lien of the assessments provided herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Provided, however, the sale or transfer of any Lot pursuant to the foreclosure of any first mortgage on such Lot (without the necessity of joining the Association in any such foreclosure action) or any proceedings or deed in lieu of thereof shall extinguish the lien of all assessments becoming due prior to the date of such sale or transfer. The failure of an Owner to pay assessments as provided in this Article shall not constitute default under a mortgage insured by the Federal Mortgage Agencies. ARTICLE VII ENFORCEMENT OF COVENANTS The Covenants shall be deemed to run with the land to which they apply, and the Declarant, the Cedar Valley Crossing Owners' Association or any Owner may bring an action in any court of competent jurisdiction to enforce these Covenants and enjoin their violation or for damages for the breach thereof, or for any other remedy or combination of remedies recognized at law or in equity. ARTICLE VIII AMENDMENTS TO COVENANTS These Covenants may be amended from time to time by the affninative vote of not less than three-fourths (3/4) of the owners of property in Cedar Valley Crossing to which these covenants apply; but the owner or owners of such property shall be entitled to cast, in the aggregate, only one (1) vote on account of each Lot owned thereby. Notwithstanding the above, the Declarant retains the sole right to amend or revise these covenants at any time without the consent of any other lot owner so long as Declarant owns an undeveloped lot within Cedar Valley Crossing. ARTICLE IX PERIOD OF COVENANTS Page 425 of 468 All of the foregoing Covenants, Conditions, and Restrictions set forth in this Declaration shall continue and remain in full force and effect at all times and as to the Property, regardless of how title was acquired, from the date of filing of this Declaration until the 1St day of June, 2034, unless amended by an affirmative vote of three-fourths (3/4) of the Lots within the Property, excluding Common Areas (with each Lot entitled to one (1) vote), on which date these Covenants, Conditions and Restrictions shall automatically be extended an additional ten (10) years (and extended for successive ten (10) year terms thereafter in the same fashion) unless three-fourths (3/4) of the Lot Owners within the Property (excluding Common Areas) in writing consent to terminate this Declaration or any part thereof, in which event this Declaration, or part thereof, shall be null and void effective as of the date when the Consent is filed with the Recorder of Black Hawk County, Iowa. Any Amendment or Consent shall be accompanied by an Affidavit by any officer of the Owners' Association certifying that three-fourths (3/4) of the Lot Owners within the Property (excluding Common Areas) have so consented as disclosed by the records of the Association. In determining ownership for purposes of consent, the records of the Association shall be conclusive. Either Declarant or the Owners' Association shall be the attorney in fact vested with authority to file any extension of these Covenants, Conditions and Restrictions with the Black Hawk County Recorder if required by law to extend them beyond their initial twenty-one (21) year term. ARTICLE X ENFORCEABILITY AND WAIVER A. No delay or omission on the part of any owner of land to which these covenants, conditions, regulations, and restrictions apply in exercising any rights, power or remedy herein allowed in the event of any breach of the covenants, conditions, regulations or restrictions herein contained, shall be construed as a waiver thereof or acquiescence therein. No right or action shall accrue and no action shall be brought or maintained by anyone whomsoever against Cedar Valley Crossing, its successors or assigns, or any member thereof for or on account of any action or inaction taken or not taken thereby in connection herewith. B. In the event that any one or more of the foregoing covenants, conditions, regulations, or restrictions shall be declared for any reason, by a court of competent jurisdiction, to be null and void, such judgment or decree shall not in any manner whatsoever affect, modify, change, abrogate or nullify any of the covenants, conditions, regulations, and restrictions not so expressly held to be void and the remainder thereof shall remain in full force and effect. C. In the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then and in that event, such terms shall be reduced to a period of time which will not violate the rule against perpetuities as set forth in the laws of the State of Iowa, and as shall be determined by the court as being reasonable. D. All property subject hereto shall also be subject to any and all rights and privileges of the City of Waterloo, Iowa, and/or Black Hawk County, Iowa, acquired or hereafter acquired by said town or county by dedication, conveyance, filing or recording of plats or covenants as authorized by law. Wherever there is a conflict as between these covenants Page 426 of 468 and/or the zoning ordinance or law of the city, county or state within which the subject property is located, that which is most restrictive shall be binding. ARTICLE XI EASEMENTS A. Drainage and Utility Easements As noted on the recorded Plat of the Properties and Deed of Dedication, Declarant has reserved certain areas of the Lots for public utility, drainage, conservation easements and Common Amenities easements. In doing so, it is the intention of Declarant to provide the needed flexibility, for the benefit of all Lots and Owners, to properly install and allow to be maintained all electrical, telephone, cable TV, water, gas, sewer, storm sewer, and other utility service (including all lines, pipes, wires, cables, ducts, etc.) to the Lots. No other improvements or permanent structures (excluding walkways, driveways) shall be placed within such easements and any fences installed shall be subject to the rights (including the right to remove where reasonably necessary without duty of replacement or reimbursement) of any public or private utility to construct, maintain, repair, or remove any necessary facilities and the right of Declarant and the property owners to provide for and maintain appropriate drainage. No fence shall be installed across any drainage easement or across any Conservation Easement. Regardless of whether shown on the recorded plat, each Lot shall accept surface water drainage from adjacent properties whether or not located within the Properties and each Lot shall have the right to drain its surface water to the adjacent Lots located within the Properties. B. Additional Easement Rights Declarant reserves unto itself, for the benefit of all Lots and Owners, an easement right, title, and authority to relocate, alter or otherwise change the location of any drainage, utility or sewer easement and to grant such further easements, licenses, and rights-of- way, temporary or permanent, exclusive or non-exclusive, surface or otherwise, as Declarant may deem necessary or appropriate, for ingress, egress, utility and similar purposes on or within any Lot or Lots or any portion of the Properties. Declarant further reserves the right to more specifically describe or to change the description of any such drainage, utility and sewer easement, or other easement, license or right-of-way by written instrument, or amendment to the Plat recorded in the Office of the Recorder of Black Hawk County, Iowa. Each Owner shall take title subject to the right and easements reserved herein; provided, however, the rights reserved in this Section B shall not be exercised in a manner which unreasonably and adversely affects any Building or portion thereof located upon any Lot or any Owner's use or enjoyment thereof or which unreasonably restricts the rights of ingress or egress to any Lot. The rights and easements reserved by Declarant in this Section B shall run with the land. C. Easement for Emergency Purposes An easement is hereby dedicated and granted for use in the case of an emergency by emergency vehicles such as fire trucks, police cars, ambulances, etc., and emergency personnel, public and private, over and upon all Lots and any pedestrian walkways or sidewalks. Page 427 of 468 D. General Easements Each Lot is burdened with an easement of ingress and egress for maintenance, repair and replacement of public utilities as may be shown upon any subdivision plat. ARTICLE XII ADDITION AND REMOVAL OF PROPERTY A. Subjecting Additional Land to Declaration Declarant shall have the irrevocable right to subject additional land to the terms of this Declaration at any time in the future without the consent of the Property Owners of Cedar Valley Crossing. The additional land shall be automatically subject to the applicable terms and conditions of this Declaration. Declarant shall signify the addition of land by filing an amendment to this Declaration with the Recorder of Black Hawk County, Iowa. No approval of the Property Owners or any other person shall be necessary. B. Removing Land from Operation of Declaration Declarant shall have the right now and in the future to remove any portion of the Property from the operation of this Declaration provided that the portion so removed has not yet been platted into individual lots and a plat for that portion has not been filed of record with the Auditor of Black Hawk County, Iowa. Declarant shall signify any removals by filing an amendment to this Declaration with the Recorder of Black Hawk County, Iowa. No approval of the Property Owners or any other person shall be necessary. ARTICLE XIII MISCELLANEOUS A. Contractors Contractors are reminded of the requirement to keep sites clean. Weekly cleanup is required. The street right-of-way is also to be maintained and kept free of mud and debris. Silt fencing must be installed to prevent runoff into the street or onto neighboring property. If sites are not kept up or any damage to adjoining property or Common Areas occurs through the construction process, the owner will be notified by phone or letter of the violations by the Association. Owners or their contractors will have three (3) days to respond before the work is performed by the Association, the cost of which will be collected from the owner or contractor or assessed against the owner's lot as permitted by the Covenants. B. Remodeling and Additions Remodeling and additions to existing improvements are required to meet the same criteria as new construction. All criteria concerning aesthetics, color, site location, architecture, landscaping, grading and excavations, roofs, height limit, solar collectors, satellite television, Page 428 of 468 setback, lighting, hot tubs and spas, pools, etc., will be of significant concern to the Declarant or the Association. IN WITNESS WHEREOF,T;Le Le.,0014. , as Declarant, has caused this instrument to be executed by its duly authorized officers this 1 5 day of 3- 201 Fusion Investments, STATE OF IOWA ) ) ss: COIJNTY 0.1.1414104.*: On this t5 day of , 20 1_ before me, a Notary Public in and for the State of Iowa, personally appeared, k -eAk48c to me personally known, who being by me duly sworn, did say that they are the Manager of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its members and the said Manager acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it voluntarily executed. BETH KIRKEVOLD 1.- COMMISSION O. 7 ;;; ;72 MYCOMMISSION JULY 27 201 Notary Public in and for the State of kwa Page 429 of 468 Consented to by Dupaco Credit Union By: n .e ©.---,. L�,• p 1-9‘14,,. [Insert Title] STATE OF IOWA ) ) ss: COUNTY OFD,boiye, ) This instrument was acknowledged before me on this &1h day of VVMarok 20ISI, by vvl14 Oodcds , as Coo. CHAD BREITSPRECKER Commission Number 785808 My Comm. Exp ve;iaLi,3 of Dupaco Credit Union. Notary Public in and for the State of Iowa Page 430 of 468 Mayor QUEN711N HART COUNCIL MEMBERS 016.1“..“00411"Pat MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK 'MORRISSEY Word 3 JEROME AMOS, .IR. tFard 4 RAY REUSS Ward 5 SHARON JUON At -Large STEVE SCI IMIlT At -Large 41 • MEM 1 R 715 Mulberry St. ® Waterloo, IA 50703 Phone (319) 291-4312 Fax (319) 291-4262 cityelighzeer@opatolooria.org JAMIE KNUTSON, PE 0 City Engineer March 27, 2019 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT CEDAR VALLEY CROSSING Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 431 of 468 CITY OF WATERLOO Council Communication Resolution rescinding Resolution No. 2016-888 adopted on November 7, 2016 for a development agreement with Aubry Baldwin due to failure to meet stated deadlines of project commencement and completion as specified within the agreement. City Council Meeting: 4/1/2019 Prepared: 8/28/2018 REVIEWERS: Department Reviewer Action Date Pkinning & Zoning Anderson, Noel. Approved 3/27/2019 ... 11:2,3 AIM C.1erk Office Bpica; p:,LAonn. .Approved. 3/27/2019 - 11:34 AM. SUBJECT: Resolution rescinding Resolution No. 2016-888 adopted on November 7, 2016 for a development agreement with Aubry Baldwin due to failure to meet stated deadlines of project commencement and completion as specified within the agreement. Submitted by: Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval to rescind Resolution No. 2016-888. Summary Statement: The project never commenced forward and there is a new buyer for the land parcel and this needs to be released for clear title. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use Alternative: N/A Legal Descriptions: Page 432 of 468 CITY OF WATERLOO Council Communication Request by A -Line ALO, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 12,800 square foot airport hangar, located southwest of 2814 Betsworth Drive. City Council Meeting: 4/1/2019 Prepared: 3/5/2019 REVIEWERS: Department Piannnru & Zoning ATTACHMENTS: Description City t:'ou..niruei R..epr• :t SUBJECT: Submitted by: Recommended Action: Reviewer Schroeder, Ark: 1?veno LeA.nn Action Approved A.pap roved Type Cover 1N'1ern� Date :3/20/2019 ... 10: w8 AM 3/20/2019 ... 11:07 AM Motion to receive, file, consider, and pass for second time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4 to approve a request by A -Line ALO, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 12,800 square foot airport hangar, located southwest of 2814 Betsworth Drive, subject to acceptance of an analysis to determine aircraft wingtip clearances. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Ordinance to approve the request by A -Line ALO, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 12,800 square foot airport hangar, located southwest of 2814 Betsworth Drive. The request to construct an Airport Hanger would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial and commercial development in the area. There is an 8" sewer line that connects to the project site. In addition there is a 12" sewer line in an easement along Airport Boulevard and 4" drain tile along Midport Boulevard. The applicant is working with the Waterloo Airport's Electrical Contractor and Mid -American to determine the location of existing utilities and where utilities will need to be relocated. It should also be noted that the water lines are owned by the airport and not the Waterloo Water Works. The applicant will have to work with the airport to tie into their water main. Page 433 of 468 Summary Statement: The property in questions is owned by the City of Waterloo, and will be leased to the applicant. The City will own the hanger once the lease period is complete. Therefore, staff recommends that the request for a site plan amendment in the "M -2,P" Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would appear to have a positive impact upon the surrounding area by infusing private investment into and airport related use at the Waterloo Regional Airport. At their March 5, 2019 meeting the Planning, Programming and Zoning commission voted unanimously to recommend approval of the site plan amendment. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 1.3: Ensure that development -ready sites exist and realistic, meaningful incentives are defined to attract new business and support existing business expansions. Lease Area Description: Part of Section 5, Township 89 North Range 13, West of the Fifth P.M., City of Waterloo, Black Hawk County, Iowa, and more particularity descried as follows: Commencing at the northwesterly corner of lot 1, Midport America Park Plat 1; Thence North 00 degrees -12' 29" West, 337.72 feet to the point of beginning; Thence North 90 degrees - 00' 00" West, 140 feet; Thence North 00 degrees - 00' 00" East, 250 feet: Thence South 00 degrees 00' 00", 250 feet to the Point of Beginning. Containing .803 Acre (35,000 Square Feet), Subject to other leases and easements of record. Note: The north line of said lot 1 is assumed as bearing south 66 degrees 22' 13" West. Page 434 of 468 City of Waterloo Planning, Programming and Zoning Commission March 5, 2019 A-1 I 8/6 ROCK RD A-1 M , C; Z "- HAZEL WOOF LN Ra�' 4 w DR �yTh'RD- W WASH/NGTONST WA/RL/NEHWY M-1 GERAOI HERO !il/YTH�,O. A-1 NE of 2510 Leversee Road Site Plan Amendment to "M -2,P" Darci Lenehan Page 36 of 468 REQUEST: APPLICANT(S): Owner(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: SPA SW of 2814 Bestworth Lane March 5, 2019 Request by A -Line ALO, LLC for a site plan amendment to the "M - 2,P" Planned Industrial District to allow for the construction of an Airport Hangar located southwest of 2814 Betsworth Drive. A -Line ALO, LLC, 808 Dearborn Avenue, Waterloo, IA 50703 City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 The applicant is requesting to construct a new 12,800 SF Airport Hangar. The request to construct an Airport Hanger would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial and commercial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Betsworth Drive which is a local road and Airport Boulevard which is a collector. Midport Boulevard, a local road, is also located to the south of the site. There are no trails or sidewalks in the immediate project area. The area in question has been zoned "M -2,P" Planned Industrial District since March 13, 1995, when the land was rezoned from "A-1" Agricultural District to allow for industrial and commercial development on the site. There was also a site plan amendment that was approved by the City Council on November 2, 1998 to allow for an industrial building to the south of the proposed hangar site. Surrounding land uses and their zoning designations are as follows: North — Hangars, Parking Lot, and Airport, zoned "M -2,P" Planned Industrial District. South — Industrial and Commercial Buildings, zoned "M -2,P" Planned Industrial District. East — Vacant Land and Industrial Businesses, zoned "M -2,P" Planned Industrial District. West — Vacant Land and Airport Hangars, zoned "M -2,P" Planned Industrial District. No buffers are needed regarding this request. The applicant will need to submit and execute a landscaping plan for the site during the building permit approval process. It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department for review and approval. The proposed request would not appear to have a Page 1 of Page 4337 of 468 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: March 5, 2019 negative impact upon drainage in the area. The applicant has indicated that they plan on having an infiltration storm drainage system that will slowly retain storm water as it percolates into ground. The surrounding area is mostly vacant land to west and east. Commercial and Industrial Areas to the north were built between the 1940's and 2010's. The Commercial and Industrial Areas to the south were built between the 1980's and 2010's. None of the property is located in the 100 -year flood plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0167F, dated July 18, 2011. Lincoln Elementary School is located 2.49 miles to the southeast, George Washington Carver Academy is located 3.31 miles to the southeast, and East High School is located 4.89 miles to the southeast. George Wyth State Park is located .75 miles to the south of the site. UTILITIES: WATER, There is an 8" sewer line that connects to the project site. In SANITARY SEWER, addition there is a 12" sewer line in an easement along Airport STORM SEWER, ETC. Boulevard and 4" drain tile along Midport Boulevard. The applicant is working with the Waterloo Airport's Electrical Contractor and Mid -American to determine the location of existing utilities and where utilities will need to be relocated. It should also be noted that the water lines are owned by the airport and not the Waterloo Water Works. The applicant will have to work with the airport to tie into their water main. RELATIONSHIP TO The Future Land Use Map designates this area to the North, East, COMPREHENSIVE and West as Parks, Open Spaces, Hospitals, Government Facility, LAND USE PLAN: Public Areas, and Government Facilities. Land to the south is designated as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to construct a 12,800 SF Airport ZONING Hangar. The area in question is zoned "M -2,P" Planned Industrial ORDINANCE: District, and this zoning is designed to permit the establishment of industrial parks and to provide for the orderly planned growth of industries on large tracts of land and allowing for greater flexibility and diversification of land uses and building locations. It is also intended that such industrial parks be developed to maximize the potentials of industrial areas and at the same time minimize any adverse effect upon adjacent properties in other zoning districts. The Zoning Ordinance requires 1 space for every 2 persons employed at the facility which is anticipated to only be 2 employees at the maximum. The site plan has 8 parking spaced listed on the site plan. Which is 7 spaces more than what is SPA SW of 2814 Bestworth Lane Page 2 of Page 438 of 468 March 5, 2019 required per the Zoning Ordinance. STAFF ANALYSIS — A plat will not need to be submitted for this area as part of this SUBDIVISION request, as the area will remain in the ownership at the City of ORDINANCE: Waterloo and leased to the applicant. The City will own the hanger once the lease period is completed. AIRPORT LAND USE AND HEIGHT OVERLAY DISTRICT The proposed site plan amendment area is designated as Zone D on the Waterloo Airport Land Use and Height Overlay Map. The maximum elevation/height of the structure allowed at the Airport Hanger site is 1,023 feet and the base elevation of the site is only 870 feet. The height of the hanger is 43 feet and the base elevation plus the hanger height is only 913 feet, which is 110 feet less than what is the height maximum for the site. In addition no impacts are anticipated regarding the proposed land use for the building of an Airport Hanger and the proposed building is considered a compatible use in the the City of Waterloo Airport Land Use and Height Overlay Zoning Ordinance. Therefore all conditions are met. TECHNICAL REVIEW The Waterloo Fire Department noted that they will review potential COMMITTEE site impacts when the building drawings for the airport hangar is submitted. The Engineering Department indicated that it will be tasked with reviewing and approving the Storm Drainage plan as part of the building review process. STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment in the "M -2,P" Planned Manufacturing District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. SPA SW of 2814 Bestworth Lane 3. The request would appear to have a positive impact upon the surrounding area by infusing private investment into and airport related use at the Waterloo Regional Airport. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, setbacks,etc. Page 3 of Page 4639 of 468 Site Plan Amendment — A -Line ALO LLC Southwest of 2814 Betsworth Lane 1,1,1,11,111111 X11°4 M iiIiII �IIIII 11 1 1 III;IIIIIIIIIIIIIIIII 11111101 11IIII111111I1IIIIIIIIIII„I(IIuIII �IIII�IIIIIIIIIII�I�.1.11,1�ii�ll;llllllllll,'+”f l dl I���� uH+!i1116.:mul,mW� Looking west from the driveway of 2814 Betsworth Lane. IoII.IiiI�IwIiIIIIuIIIpIIIl IuIIuIIIuIIlIIlIlIlIIlIlI«IIII«III«I°II°I°I°II«IIII, IIIIIIIIIIIIIIIIIIIoIInIIIIImIIiImIIIuIaIIuII imiiNV lirelIJJ�Y�1�I1I IIII ! 11;11O1ri111111(1I111 I� 1lJI�rrIIurtIilIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Immmmmmmmmm 1����Irly JIll������Ill711i101100.711111,�II tum o1i1P..dr7vne uVgvgp i�P i " I'111 I��"VV�imlu V 170111117 17017' " °°°°°°III 1111111 colli llll . 11111 11 �l�ll 1,1,717 Y ma I Looking north from Betsworth Lane toward 2814 Betsworth Lane. w' .p i ' b*1ft'Mii;6II': 111V uuuuuuuuuuullVVVIYI "°"� 4 IN„'IIIIIIIH 7177,1„:111111 00 0 I1171V77VPum111111flii1111.11.1.,1111177111 10 „,00 „„ v, 1,^� 111111111111151 I II 11111 ��� loo 111 1001 1 I`�� II Ili�ilil i s 1 �dilyutlY NviV IIwMM0 p I IV I`��I�B'CI ryry �I 4I II IYV III I� I� pp M i�) r Id Vi,NW,�i,�wV Y 9 v S I � i QM hill h Iv�I ,�IJVUVnII j° 1°I p 0001 h'i"iilVlvii �'i;, (, u�l�lll IIII M NIIIIII'111P'�V�I�I�I�I�6y�luYj:11uuv1�14111�11��� Looking north toward the new hange location. 11 111 vvvvvv>v„A9 11111111111111111111111111111111111111111111• 11 II IV 111 IJ 111!1111�VmoIltimvvrlmwVVV� ,v '111I j 1IiQi lul I,II 11111111111111111111111111111111111111111111111111111 IY IIII 1 u ik Looking from Betsworth Lane toward the proposed hanger location. Page z40 of 468 LEASE EXHIBIT 0 z 2 z m 3 W Z O Q w m Q M W z m 0 =O Z HOV �_ 0 o3 z Q HW 0,= O H CO Y w 0 a V N 0 H ego W w w W 3oJ cc � w � 0 0 u_ 0 N 0 O H —ILi N. O cc Li; W Q J N 0 O H p ce m N Z ,,,t1— W W m N on I— OW 2 W N N H W O ch 3W W Q VI z 3 3 W 0 V>_ K Q` O O 0 0 J • 0 0Z O O < Qw 0 0 J 0 H 2 V H W 0 0' 0 s ww< C7= Z d ce ce Li o ��� za z 0 z Q O O O w a 0 U U LU N o 2 iy 1 1 w < < W z 0 < = _ _ W a 3 Q 0 0_ H H I— V) 0 LU J 0 w 0 cp 0 THENCE NORTH 90°00'00" EAST, 140.00 FEET; THENCE SOUTH 00°00'00" EAST, 250.00 FEET TO THE POINT OF BEGINNING; z W a Lu cc Lu0 0 2 H 2 V W Lu m 0 a W 1 V) N 0 a N 0 _ O H 0 Lrj 0 M J 0 0 Z �o N 0 a0 O� O w w N c0 OC Z Gu- J 3 00 zf,., zF c,. Q W ON Hw.o zN =.o 0 Q H = V W I- ZO PIN AND CAP NO. 8033 Z O H 0 >- 0 Q d 0 Z Q Z CC 3 0 0 o w Z U U7 O U J • El N 0 Qo.-c g�Jo 0 Z 3 3N1-1 NO1103S 31VWIXOaddV w , 00.0SZ 3 „00,00.00 S '1d 'OS 000`;2 3LIOV £08'0 b'32iv 3Sd3i ,00'0SZ 3 „00,00.00 N Q POINT OF BEGINNING M „6Z,Z1.00 N 0 x W LL WISCONSIN ENGINEERING & ENVIRONMENTAL 200 FEET 0 0 0 N W W L_ w W U x a00 < 2 C7 r - 8 N 0 I- 1• u) J Sheet Title TITLE LENGEND SITE DEVELOPMENT PLAN ESTIMATED QUANTITIES AND GENERAL NOTES REMOVAL— DEMOLITION PLAN UTILITY AND GRADING PLAN PAVING PLAN SWPPP — INITIAL DISTURBANCE SWPPP — CONSTRUCTION SWPPP — FINAL STABILIZATION LANDSCAPE PLAN Sheet Number O N O r7 O O a- - a- N a- r7 C4.1 C4.2 r7 4 6 ABBREVIATIONS W 0 CC 0 0 Z 2 W H E J W Z N >oZ m �� 1111 1111 w 011 LL 0 E Qgcwn v D z o 00 0 w Em w 0pcK D00 w ZZ w Q U W Z E0J DCfCn U J 00 Y Cr WN > W w WW W Z 2 00 Z Cr JZ > mmm mWW>,-wU 00ZZ N z DW W mOE M ,IL,_ Jm JWmWOWmmWmJJ UUQUOI� Q mw W U OQ 20 QODQm0mNmmmJOQ> mmmmmw0 00 J ZL-0U L w >OO�N N0m00m >-(/)Q0000� Ct000 >2<oO�w 2QZLT�¢ZQ J Z~ 2 J Z W Z W O W 2 2 w Z o i p D D-- 0 Z 2 2 2 0 w W Q �i QQ U U Q Z L OOJOJmmOmmmOOclOJOQwwwOww2QOQQowOl-UwC�=22QmmC3rQ1-1-F mmmmmmmmmmmmmmmmmm������ tctcrnEctom(n(n(n(n(n(n(n(n(n(nCmmc M 0 CC M CCM LL 00_>- OW >Li—J 00 UUW .;21_121N 20 W'HH Qw Z W—JJJJmmmmmm(n(nCnlI> 0000WWO�ZmmFc MOWL_222mmmOCni-�F 0_0_0_0_0_0_0_0_mmmmmmmWWWCCEMCCECCMCKCCCr(n(n(n(n(n(n(n(n(n(n(nWOMMC BASE COURSE Z 0 0 D CC 1— M Cn Z 0 0 W J I— 1— C H (n ~ M W H CC W C Z 1.m Z 0 L� m U M 2 Y W W 0 L. wcK J� U m W F 0 i- >O z� w U O o� m Z F- U J W 2m Mm 0 N2 W L 0 Z O >Q Us �EW Q H Z NZU z C Uw- 17„ Nw N Y mw Z J �� www_ DOwD 0 �� �_Zct �ZH(~j ZJ�2 CLQ �J I Z�Ow JZQ HW W�ZQm Q�OW JZ_ �L 0m000zi_JU j ti'...;;Nalt11171 i N 13>ISVO TM_LIN /M 0 0 0 UJ UJ * • • (,) (0 OS) - 0- i N i N APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building X Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): A -Line ALO, LLC Address: 808 Deaborn Avenue Phone: 319.232.3889 Fax: City: Waterloo State: Iowa Zip. 50703 b. Status of applicant: (a) Owner (b) Other x (CHECK ONE): If other explain: Leased Land c. Property owner's name if different than above (please print): City of waterloo Address: 715 Mulberry St Phone: 319.291.4323 Fax: City: Waterloo State: Iowa Zip: 50703 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Waterloo Regional Airport, 2790 Livingstone Lane, Waterloo, Iowa 50703 b. Legal description of property or portion to be amended: Refer to attached SITE PLAN AMMENDMENT EXHIBIT c. Dimensions of proposed site plan amendment: TRACK 1: 250' x 140' and TRACK 2: Irregular 420' x 670' d. Area of proposed site plan amendment: TRACK 1: 0.803 acre and TRACK 2: 3.895 acre e. Current zoning: M -2-P f. Reason(s) for site plan amendment and proposed use(s) of property: Proposed airline hangar north of Betsworth Drive and potential future hangar/terminal south of Betsworth Drive. g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date Signature of Owner Page`4'54 of 468 CITY OF WATERLOO Council Communication Motion approving Change Order No. 2, in the amount of $4,104 in conjunction with the Waterloo Waste Water Treatment Plant Satellite Wet Well Rehabilitation, Contract No. 907, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/1/2019 Prepared: 3/20/2019 REVIEWERS: Department Reviewer Action Date \WSW Mana iraerut pioambrecker, Steven Approved 3/27/2,019... Clerk Office i^',ver, IfeAnrn Approved 3/27/2019 - ATTACHMENTS: Description �.;paaaa:pla, Order 1/2 Munrr�o to Waterloo C Submitted by: Recommended Action: Expenditure Required: Source of Funds: yor and Caty Cou,uu�c Type I3€acku.up 11 at.eiri�ai C"ova°:: 1Vpeuno A M A. N4 Submitted By: Steve Hoambrecker, Waste Water Management Department Director Approve Change Order No. 2, in the amount of $4,104 in conjunction with the Waterloo Waste Water Treatment Plant Satellite Wet Well Rehabilitation Contract No. 907. $4,104.00 Sewer Funds Page 455 of 468 AECOM March 19, 2019 Mr. Steve Hoambrecker Waste Management Services 3505 Easton Avenue Waterloo, Iowa 50702 Subject: Change Order No. 2 Satellite Wet Well Rehabilitation Waterloo, Iowa City Contract No. 907 AECOM #60488465 Dear Mr. Hoambrecker: AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com 319-232-6531 tel 319-232-0271 fax Enclosed please find Change Order No. 2 for the above -referenced project. This change order is in regard to the discovery of an existing rubberized liner on the interior of the Digester Wet Well. The existing liner needed to be removed for the Contractor to complete the concrete surface restoration on the Digester Wet Well walls as part of the project. This work required an additional 36.5 labor hours to complete. It is recommended to move forward with this Change Order No. 2 in the amount of $4,104.00. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, Ross A. Hillsman, PE Enclosure: As Noted c: Boomerang Corporation P:\60488465\600_Construction_Support\620_Correspondence\2019-3-19 Trnsmtl to SH for Waterloo Satellite - CO #2.docx Page 456 of 468 CHANGE ORDER NO. 2 Owner: City of Waterloo Date: March 19, 2019 Project: Satellite Wet Well Rehabilitation Owner's Contract No.: 907 Contractor: WRH, Inc. Date of Contract Start: $ Original Contract: $1,839,380.00 You are directed to make the following changes in the Contract Documents. Description: Remove existing coating discovered during concrete surface preparation activities for the Digester Wet Well. An additional 36.5 labor hours was needed to complete the work. NET ADD $4.104.00 Reason for Change Order: During surface preparation activities on the Digester Wet Well, an existing rubberized coating was discovered on the walls that required additional labor to remove. It took the Contractor's subcontractor (Spectrum) an additional 36.5 labor hours to remove the coating to sound concrete. This was required prior to the new coatings being applied to the surfaces as part of the wet well rehabilitation. CONTRACT PRICE Original: $ 1,839,380.00 Original: Previous C.O.s (ADD/DEDUCT): $ 38,000.00 Previous C.O.s (ADD/DEDUCT): This C.O. (ADD/DEDUCT): $ 4,104.00 This C.O. (ADD/DEDUCT): Contract Price With All Approved Change Orders: $ 1,881,484.00 REVISED: Original Completion Date: Revised Completion Date: CONTRACT TIMES (Calendar Days) To Substantial To Final Completion Completion October 1, 2019 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO APPROVED: By: City of Waterloo (Authorized Signature) ACCEPTED: By: March 19, 2019 Date: March 19, 2019 WRH, Inc. (Authorized Signature) Date: Page 1 of 1 P_A60488465\600_Consmiction_ Support A670_Change-Orders\2019-3-19 CO#2 - Satellite Wet Well - WRH.doc AECOM 60488465 1 Project No. Change Order No. Page 457 of 468 11111111111111111111111111111111 �m�� OF ��'� � ]� WATERLOO� IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave ^ Waterloo, IA 50702 ^ (319) 291'4553 Steve Hoambrecker, Director/ March 26, 2019 Memo to Waterloo Mayor and City Council: RE: Change Order #2, Satellite Wet Well Project # 907 Background Discussion Due to long term corrosion at several operational components of the WWTP system, AECOM was hired to prepare plans and specifications for this pject. The projectinc|udedtherehabi|itation of concrete, piping and other appurtenances at the Satellite Wet Well in the Raw Wastewater Pumping Station building at the WPCF, digester wet well and anaerobic lagoon wet. In each case, the associated corrosive nature of the wastewater has caused excessive damage to the facility structure and requires a lining with the ability to withstand the corrosive environment. The projectvvasbidandavvarded to WRH, Inc in the amount of$1,839,380 on October 8, 2018. Change Order #1 in the amount of $38,000 was approved in December 2018 to accommodate unforeseen repairs encountered during the repairs to the digester wet well portion of the project. An additional cost of $4,1Q4 has been proposed hy WRH and is being recommended by AECOM due to properly complete these associated concrete surface restoration not anticipated in the original design specifications. With these two change orders, the total projects costtota| $1,881,484 or a 23 % increase . Recommended Action It is recommended that the city council approve change order #2 with WRH in the amount of Page 458 of 468 CITY OF WATERLOO Council Communication Communication from the Planning & Zoning - Community Development Depattuient on the notice of the conclusion of employment for Maggie Howard-Heretakis, Project Specialist, effective March 22, 2019 with recommendation of approval of payout of $2,956.32 for unused benefits. City Council Meeting: 4/1/2019 Prepared: REVIEWERS: Department Reviewer Action Date iiu.ma.a ptesou:ree t�nu:�::, Lance Approved 3/26/2019... 1:19 PM G:'perk Office i1nby, NR.o.nu.cy Approved. 3/26/2019 - 1:54 PM ATTACHMENTS: Description SUBJECT: Type Communication from the Planning & Zoning - Community Development Department on the notice of the conclusion of employment for Maggie Howard-Heretakis, Project Specialist, effective March 22, 2019 with recommendation of approval of payout of $2,956.32 for unused benefits. Submitted by: Submitted By: Page 459 of 468 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL Department Community Development 716 MULBERRY STREET 60703 Today's Date: 3/12/2019 Effective Date: 3/22/2019 Employment Dale: 8/8/2017 Job Title/Classification Project Specialist This Is to report that the employment of Maggie -Ho and Heretakis with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No D Yes 0 Resigned O Termination O Other In accordance with City Policy, It is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 18 $ 22.73 $ 409.14 Vacation -Current 88 $ 22.73 $ 2,000.24 Usable Sick Leave 18.25 $ 22.73 (x) 26% $ 103.71 Frozen Sick Leave (x) 60% $ - Personal Hours 19.5 $ 22.73 $ 443.24 Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Total Payment II $ 2,956.32 Approved by Human Resources f" Date Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward copy of approved form to Council Agenda Date: (Copy in Personnel File) Department and Human Resources 0 Accruals ❑Status 0-9 Updated 6/28/11 Page 460 of 468 CITY OF WATERLOO Council Communication Certified List for the position of Associate Engineer for the City of Waterloo, Iowa Community Planning & Development - Engineering Department, as certified by the Civil Service Commission on March 22, 2019. City Council Meeting: 4/1/2019 Prepared: REVIEWERS: Department [Man RPc;ouirce ATTACHMENTS: Description SUBJECT: Reviewer Action Date Dunn, Lance Approved 3/2,6/2019 i: p 9 M Rigby, Nancy Approved 3/26/2019 .. i:54 PM Type Certified List for the position of Associate Engineer for the City of Waterloo, Iowa Community Planning & Development - Engineering Department, as certified by the Civil Service Commission on March 22, 2019. Submitted by: Submitted By: Page 461 of 468 CITY OF WATERLOO, IOWA March 22, 2019 HUMAN RESOURCES DEPARTMENT 715 Mulberry St, • Waterloo, IA 50703 • Phone (319) 291-4303 Fax (319) 291-4569 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 Associate Engineer for City of Waterloo, lowa Community Planning & Development -Engineering Department. Appointment(s) shall be made from this list for the next year (March 22, 2019 — March 21, 2020). Respectfully submitted, Date CERTIFIED LIST Matthew Schindel Leon Begay CS LIST ASSOCIATE ENGINEER 19 `Lovie aldwell Dat _3/2,2.49 Date 3 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 462 of 468 CITY OF WATERLOO Council Communication Certified List for the position of Police Captain for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on March 22, 2019. City Council Meeting: 4/1/2019 Prepared: REVIEWERS: D epartment [Man RPc;ouirce ATTACHMENTS: Description SUBJECT: Reviewer Action Date Dunn, Lance Approved 3/26/2019.5:O6 PM Rigby, Nancy Approved 3/26/2,019 . 5.13 PM Type Certified List for the position of Police Captain for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on March 22, 2019. Submitted by: Submitted By: Page 463 of 468 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 Fax (319) 291-4569 March 22, 2019 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 Police Captain for the City of Waterloo, Iowa Police Department. Appointment(s) shall be made from this list for the next two years (March 22, 2019 — March 21, 2021). Respectfully submitted, dad/,) -a//7 Date ovie aldwell D . to CERTIFIED LIST Matthew McGeough Greg Fangman Aaron McClelland Jason Feaker Corbin Payne z// Ethel Washington Date CS LIST POLICE CAPTAIN 19 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 464 of 468 CITY OF WATERLOO Council Communication Certified List for the position of Police Recruit for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on February 28, 2019. City Council Meeting: 4/1/2019 Prepared: REVIEWERS: Department l i [Ma RP c ;ouirce ATTACHMENTS: Description SUBJECT: Reviewer Action Date Dunn, Lance Approved 3/26/2019 .. 5:07 M Rigby, Nancy Approved 3/26/2019 .. 5:13 PM Type Certified List for the position of Police Recruit for the City of Waterloo, Iowa Police Department, as certified by the Civil Service Commission on February 28, 2019. Submitted by: Submitted By: Page 465 of 468 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 Fax (319) 291-4569 February 28, 2019 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicant(s), who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Police Recruit for the City of Waterloo, Iowa Police Department. Appointment(s) shall be made from this list for the next year (February 28, 2019 -- February 27, 2020). CERTIFIED LIST Nathan Sahr Katherine Krieger Amira Sabic Marcus Harrington Robert Roquet David Smith Nicholas Nelson Joshua Getz Sean McKnight Admir Babic Jesse Aitchison Benjamin Bonwell Addison Brooks Thomas Rotello Daniel Brown Dominic Schmalz Alexandria Stepka Respectfully submitted, CS LIST POLICE RECRUIT 19 Wiaa Date D to 342VOY Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Acton Employer Page 466 of 468 CITY OF WATERLOO Council Communication Communication from the Waterloo Cultural & Arts Depailuient on the notice of the conclusion of employment for Ethan Moeller, Facilities Specialist, effective March 7, 2019 with recommendation of approval of payout of $924.00 for unused benefits. City Council Meeting: 4/1/2019 Prepared: REVIEWERS: Department Reviewer Action Date : .aa ptesou:ree t�nu:�::, Lance Approved 3/26/2019 .. 5:07 PM C1.erk Office i1nby Nancy Approved. 3/26/2019. 5:14 PM ATTACHMENTS: Description Type SUBJECT: Communication from the Waterloo Cultural & Arts Depatlment on the notice of the conclusion of employment for Ethan Moeller, Facilities Specialist, effective March 7, 2019 with recommendation of approval of payout of S924.00 for unused benefits. Submitted by: Submitted By: Page 467 of 468 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 RESIGNATION OF FULL TIME POSITION Department WATERLOO CULTURAL & ARTS DEPARTMENT Today's Date: 3/13/2019 Effective Date: 3/7/2019 Employment Date: 10/2/2018 Fulitime 04/04/2018 Parttime Job Title/Classification FACILITIES SPECIALIST This is to report that the employment of ETHAN MOELER with the City of Waterloo has been severed by reason of: Li Retired Disability Related 0 No 0 Yes L Resigned 0 Termination I=1 Other In accordance with City Policy, It is requested to allow payment which consists of the following: Benefits ••• Total Hours 2020 -Vac Accr Vacation. ecru 14 (x) Hourly Rata 15.00 Total PaYoul 210.00 2019 Vac.Curr ace ion- Limn 2019 Sick FY2018 Earner Comments: PerSohal, Hours 20 40 0 6 15.00 15.00 (x) 25% .00 (x) 60% 15.00 00.00 0.00 240.00 Comp Hours, 1.6 15.00 24.00 Other Pay 0 Total Payment 924.00 RESIGNED HIS POSITION. LAST DAY OF WORK WAS 03-07-2019 Approved by Human Resourc 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 Council Agenda Date: 11 Accruals 0Status U-9 Updated 6/28/11 Page 468 of 468