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HomeMy WebLinkAboutCouncil Packet - 7/15/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, July 15, 2019 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. o n 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. o n 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. o n 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 356 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Daniel Trelka, Chief of Police Agenda, as proposed or amended. Minutes of July 8, 2019, Regular Session, as proposed. 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 the request of The Accel Group to hold the annual Accel Triathlon on July 27, 2019, at 8:00 a.m., beginning and ending at George Wyth State Park and traveling on Airline Highway and Leversee Road. Submitted By: Corbin Payne, Police Lieutenant 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 25, 2019 and date of public hearing as July 29, 2019 for the FY 2020 Levee Rip Rap Spraying, Contract No. 989, and instruct City Clerk to publish notice. Submitted By: Matt Schindel, Associate Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Captain Mohlis Class/Meeting: Basic Financial Management Training Destination: Department of Justice, Washington, D.C. Dates: July 23-26, 2019 Amount not to exceed: $1,690 b. Pat Morrissey, Council Member Class/Meeting: 2019 Iowa League of Cities Annual Conference Page 2 of 356 Destination: Dubuque, IA Dates: September 25- Amount not to exceed: $205 27, 2019 c. Todd Henrich and Chris Petersen - Building Maintenance Class/Meeting: Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Destination: Waterloo, IA Dates: December 7, Amount not to exceed: $330 2019 (Plumbing) d. Ed Abben, Todd Henrich, Joel Shepard - Building Maintenance Class/Meeting: Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Destination: Waterloo, IA Dates: November 23, Amount not to exceed: $495 2019 (Mechanical) e. Greg Ahlhelm, Building Official; Jeff Siebel, Property Safety Inspector; Bob Osgood, Chief Plumbing Inspector; Brian Baker, Chief HVAC Inspector Class/Meeting: Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Destination: Waterloo, IA Dates: November 23, Amount not to exceed: $660 2019 (Mechanical) f. Brian Baker, Chief HVAC Inspector; Bob Osgood, Chief Plumbing Inspector; Jeff Siebel, Property Safety Inspector; Scott Strader, Combination Inspector!! Class/Meeting: Iowa Chapter of International Association of Plumbing & Mechanical Officials - Continuing Education Destination: Waterloo, IA Dates: December 7, Amount not to exceed: $660 2019 (Plumbing) Officers Bovy and Nichols Class/Meeting: Firearms Instructor School Destination: Johnston, IA Dates: July 29 - August Amount not to exceed: $3,530 9, 2019 h. Quentin Hart, Mayor Class/Meeting: 2019 Annual Conference & Exhibit, Iowa League of Cities Destination: Dubuque, Iowa Dates: September 25- Amount not to exceed: $565.00 27, 2019 g. 2. LIQUOR LICENSES a. Kwik Star #723, 707 Broadway Street Page 3 of 356 Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2020 b. Packers Inn, 201 Rath Street Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/27/2020 c. Red Lobster #6267, 941 E. San Marnan Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 7/27/2020 d. Spicolis Reverb, 3555 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/30/2020 e. Verve Kombucha, 327 W. 3rd Street Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 7/9/2020 3. APPOINTMENTS a. Recommendation of appointment of Todd Clark, from the current Civil Service list, to the position of Mechanic in the Central Garage, effective July 17, 2019. Board/Commission: Expiration Date: b. Recommendation of appointment of David Brecunier, from the current Civil Service list, to the position of Solid Waste Technician in the Sanitation Department, effective July 17, 2019. Board/Commission: Expiration Date: c. Recommendation of appointment of Bob Stanley, from the current Civil Service list, to the position of Building Combination Inspector 11, effective July 22, 2019. Board/Commission: Expiration Date: d. Recommendation of appointment of Blake Schmitt, from the current Civil Service list, to the position of Mechanic in the Central Garage, effective July 29, 2019. Board/Commission: Expiration Date: 4. Recommendation of appointment of Rodney Duggan, from the current Civil Page 4 of 356 Service list, to the position of Solid Waste Technician in the Sanitation Department, effective July 29, 2019. Submitted By: Randy Bennett, Public Works Manager 5. Motion to approve solicitation Registration Application by Mike Mrzlak on behalf of Sons of AMVET S Post #19, 655 Cedar Street. 6. Bonds. PUBLIC HEARINGS 2. Sale and conveyance of property located north of 3488 Wagner Road, to Professional Lawn Care, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of three (3) industrial buildings. 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 authorizing the sale and conveyance of a portion of City owned property to Professional Lawn Care, LLC, in the amount of $1.00, generally located north of 3488 Wagner Road, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with Professional Lawn Care, LLC, for the construction of three (3) industrial buildings, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 3. Sale and conveyance of property located east of 1994 Newell Street, to OFI Properties, LLC, (ConTrol), in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of a 203,953 square foot building. 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 authorizing the sale and conveyance of a portion of City owned property to OFI Properties, LLC, in the amount of $1.00, generally located east of 1994 Newell Street, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with OFI Properties, LLC, for the construction of a 203,953 square foot building, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 4. FY 2020 Digester No. 3 Lid Removal, Contract No. 982. 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 Treatment Operations Supervisor for review. Submitted By: Brian Bowman, Treatment Operations Supervisor RESOLUTIONS Page 5 of 356 5. Resolution approving Purchase Agreement with Vessco Inc., of Minneapolis, Minnesota, in an amount not to exceed $32,147.50, in conjunction with purchasing equipment for cleaning the Easton Aeration Basin 2, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 6. Resolution approving a Professional Services Agreement with Brecke Mechanical Contractors of Dubuque, Iowa, in an amount not to exceed $17,799.48, to provide cleaning services for a period of twelve (12) months for the Methane/Natural Gas Boilers, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor 7. Resolution awarding bid to Shaw Electric, Inc., of Waterloo, Iowa, in the amount of $9,230.72, and approving the contract, bonds and certificate of insurance, in conjunction with improvements to the Airline Passenger Terminal Building Ceiling Lighting Replacement Project - Phase 1, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Keith Kaspari, Airport Director 8. Resolution authorizing the City Clerk to certify against certain parcels for unpaid weed mowing, snow removal and property clean-ups. Submitted By: David R. Zellhoefer, City Attorney 9. Resolution approving Right -of -Way License Agreement with Arvig Enterprises, Inc., of Perham, Minnesota, allowing the use of city right-of-way for a communication system, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 10. Resolution approving request by Sam Summerhays, on behalf of the Waterloo Alano Society, to pave the parking area at 613 W. 5th Street for beautification and drainage purposes. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 11. Resolution approving the project designs of a home to be built by Hawkeye Community College in the 200 block of Newell Street, at a budget not to exceed $137,500. Submitted By: Noel Anderson, Community Planning & Development Director 12. Resolution approving a Professional Services Agreement with 1 & S Group, Inc., of Waterloo, Iowa, in the amount of $15,000, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Penthouse Roof Replacement Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving a Professional Services Agreement with 1 & S Group, Inc., of Waterloo, Iowa, in the amount of $6,500, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Structural Lintel Replacement Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Page 6 of 356 14. Resolution approving a Professional Services Agreement with 1 & S Group, Inc., of Waterloo, Iowa, in the amount of $35,000, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Exhibit Hall Ceiling Renovation Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving a Professional Services Agreement with 1 & S Group, Inc., of Waterloo, Iowa, in the amount of $49,000, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Roof Facade Improvements Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director ORDINANCES 16. Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 1 to remove properties from the TIF area. Motion to receive, file, consider and pass for the second time an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. 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 17. Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 2, to expand the boundaries,update projects, include additional projects, update related financial information, and include other general updates to the plan. Motion to receive, file, consider and pass for the second time an ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Project. 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 18. San Marnan Urban Renewal and Redevelopment Plan, Amendment No. 5, to expand the boundaries, remove properties, update projects and project budgets to be included in the Plan, and other general updates to the Plan. Motion to receive, file consider and pass for the second time an Ordinance providing that general property taxes levied and collected each year on all property located within Page 7 of 356 the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. 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 ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 8 of 356 CITY OF WATERLOO Council Communication Minutes of July 8, 2019, Regular Session, as proposed. City Council Meeting: 7/15/2019 Prepared: REVIEWERS: Department Reviewer Action Date M M v. Clerk O : i.c e I i y . a�ii. cy Approved 1/V2019,,,,,,, 10:50 A. M: ATTACHMENTS: Description Type Minutes of 7/8 113 cku Submitted by: Submitted By: t Page 9 of 356 July 8, 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, July 8, 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: Mayor Hart invited all veterans in attendance to lead the pledge. 146499 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, July 8, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146500 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, July 1, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring July 8, 2019 as Blue 2 Day. Swearing in of Police Officer Amira Ehlers. ORAL PRESENTATIONS Charles Burrell, 1416 Ridgemont, thanked the mayor, council, and city staff, for the consideration they have given about selling city property. Jessica Young, 316-318 W. 3rd Street, explained that there is a bike rodeo as part of the Waterloo Urban Farmer's Market on Saturday to educate kids about the rules of the road for bike riders. Rev. Ed Loggins III, 233 Oliver Street, commented that laws are in place not for the people who keep the laws but that they are in place for people who do not keep the laws. He stated that the amount of fireworks shot off over the 4th of July was tremendous. He asked the council and mayor to come up with a better way to observe the 4th of July that prevents injury and property damage. Joel Shephard, 4373 W. 4th Street, commented that a firework was buried into his property and stated that it could have hit his house or hurt someone. He asked the council to ban fireworks. Youth Art Team representatives shared that they started their summer camp this morning and their project is to add panels to the 4th Street Bridge. He stated that they will have a party this Friday at 11:30 a.m. and 3:30 p.m. David Dryer, 3145 W. 4th Street, questioned what the dues pay for to the Iowa League of Cities and why the City Clerk is traveling to a conference hosted by the Iowa League of Cities. He further questioned why additional funds are going to pay for a fire truck, why the city is spending money for the SportsPlex and why the city is spending more money at the TechWorks on a Marina. Michelle Weidner, Chief Financial Officer, explained the dues for the Iowa League of Cities. Kelley Felchle, City Clerk, explained the benefits to city staff for belonging to the Iowa League of Cities. Pat Treloar, Fire Chief, provided an overview of the pre -authorization for an additional fire truck expense. Paul Huting, Leisure Services Director, provided an overview of marketing expenditures for the SportsPlex. Noel Anderson, Community Planning and Development Director, explained the marina expenditure. Lawrence Wheeler, 533 Bratnober, asked the city council to approve a ban for roundup. He asked that people boycott the Cattle Congress Fair and Iowa State Fair because they do not allow people of color to participate as Fair queens. Page 10 of 356 July 8, 2019 Page 2 Mr. Schmitt requested an update on 4th of July fireworks activity. Dan Trelka, Chief of Police, provided an overview of calls for service for fireworks over the last few years. Pat Treloar, Fire Chief, provided an overview of calls for service for fireworks over the last few years. Mr. Morrissey questioned if after the time allowing fireworks has passed if the disturbing the public quiet law would come into effect. Dan Trelka confirmed that it would be categorized as a chronic nuisance property which begins with a verbal warning. Mayor Hart thanked all of the sponsors and members of the community who came out to support the firework show on July 6th 146501 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146502 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated July 8, 2019, in the amount of $4,603,995.49, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2019-507. 2. Resolution approving request from Friendship Village to hold the Race To Remember 5K event July 27, 2019, starting at 9:00 a.m., on and around the Friendship Village Campus, sidewalks and side streets, with barricades on Southbrooke Drive, Rudi Place, Saratoga Drive, Crestline Avenue, Fairlane Avenue, Park Lane and Friendship Lane. Resolution adopted and upon approval by Mayor assigned No. 2019-508. 3. Resolution approving request from Cedar Valley Irish Fest Cultural Association to hold the 13th Annual Iowa Irish Fest event from August 2-4, 2019, in and around Lincoln Park and surrounding streets to include a noise variance for the duration of the festival, including a 5K run on August 3, 2019 from 6:30 a.m. to 10:15 a.m., on the downtown streets. Resolution adopted and upon approval by Mayor assigned No. 2019-509. 4. Resolution approving Variance to Noise Ordinance request from Cedar Valley Pridefest for Friday, August 23, 2019 from 6:00 p.m. to midnight and Saturday, August 24, 2019 from noon to midnight, in conjunction with the 8th Annual Pridefest Festival, along with the closure of the 200 and 300 blocks of W. 4th Street and the 500 and 600 blocks of Jefferson Street during the event, and the 500 block of Cedar Street (portion closest to E. 4th Street) for a Rainbow Fun Run, together with recommendation of approval of the Police Lieutenant. Resolution adopted and upon approval by Mayor assigned No. 2019-510. 5. Resolution approving Variance to Noise Ordinance request from Waterloo Homecoming Association on August 6, 2019 from 9:00 a.m. to 8:00 p.m. in conjunction with the Waterloo Homecoming event, to be held at Sullivan Park, including the use of a P.A. system. Page 11 of 356 July 8, 2019 Page 3 1. 2. Resolution adopted and upon approval by Mayor assigned No. 2019-511. 6. Resolution approving Variance to Noise Ordinance request from Heartland Vineyard Church to hold a morning worship service on August 25, 2019, from 8:00 a.m. to 1:00 p.m., at Byrnes Park, along with a live band and use of a P.A. system. Resolution adopted and upon approval by Mayor assigned No. 2019-512. 7. Resolution approving preliminary specifications, form of contract, etc., setting date of bid opening as July 18, 2019 and date of public hearing as July 22, 2019, in conjunction with asphalt emulsions for the City's Recycled Asphalt Paving Program, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-513. 8. Request to certify assessments to 129 Lincoln Street in the amount of $1,100.00, for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2019-514. 9. Resolution approving specifications, form of contract, etc., setting date of bid opening as August 1, 2019, and date of public hearing as August 5, 2019, in conjunction with remodeling of the Waterloo Public Library Exterior Stair Renovation Project, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2019-515. b. Motion to approve the following: a. b. c. d. e. a. b. c. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Abraham Funchess, Executive Director; Rebecca Johnson, HR Specialist; Shelly Burch, Adm. Secretary Equal Employment Opportunity Commission, Federal Employment Partnership Agency Conference San Diego, CA June 17-21, 2019 $5,878.89 Officer Lindaman K-9 Handlers Course New Hartford, IA July 22 -August 2, 2019 $8,500 ARFF / Maintenance Employees Live Aircraft Fire - Hot Bum Training provided by the University of Missouri Dubuque Regional Airport September 25 & 26, 2019 $1,800 Keith Kaspari, Airport Director 4 -States Airport Conference Kansas City, MO August 26-28, 2019 $925 Kelley Felchle, City Clerk 2019 Iowa League of Cities Annual Conference Dubuque, IA September 25- 27, 2019 $598.20 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The American Legion, 728 Commercial Street C Liquor w/Outdoor Service Renewal 6/14/2020 x Chaser's Pub, 3005 University Avenue C Liquor w/Outdoor Service Renewal 7/7/2020 x Lighthouse Lounge, 1307 W. 5th Street C Liquor Renewal 6/28/2020 x Page 12 of 356 July 8, 2019 d. e. Page 4 Main Street Waterloo, Lincoln Park *5 Day* B Beer w/Outdoor Service New 7/12/2019 Waterloo Bucks, 300 B Beer New 7/16/2019 Jefferson Street *One Day Premise Transfer* 3. Cigarette/Tobacco Permit New Application for Icon Lounge, 307 W. 4th Street. 3. Cigarette/Tobacco Permit New Application for XO Food & Liquor, 428 Franklin Street. 3. Bonds. Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 146503 - Schmitt/Amos that proof of publication of notice of public hearing on a request by DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection, as published in the Waterloo Courier on June 28, 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. 146504 - Schmitt/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146505 - Schmitt/Amos that "an Ordinance approving a request by DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146506 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. Noel Anderson commented on the urgency to suspend the rules. 146507 - Schmitt/Amos that "an Ordinance approving a request by DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5501. 146508 - Morrissey/Feuss that proof of publication of notice of public hearing on a request by DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District for the construction of 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection, as published in the Waterloo Courier on June 28, 2019, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 13 of 356 July 8, 2019 Page 5 This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146509 - Morrissey/Feuss that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146510 - Morrissey/Feuss that "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 the DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146511 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146512 - Morrissey/Feuss that "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 the DGOGWaterlooia10032018, LLC, (Dollar General) of West Plains, Missouri, for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street intersection", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5502. 146513 - Amos/Feuss that proof of publication of notice of public hearing on Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 1 to remove properties from the TIF area, as published in the Waterloo Courier on June 25, 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. David Dryer, 3145 W. 4th Street, commented that he believes that this item is to re-establish the value of the TIF District and questioned if the city can hold the businesses accountable for not meeting their end of the bargain. Forrest Dillavou, 1725 Huntington Road, commented that he is not in favor of the item as it is devaluing the amount of money that will go to schools and counties and have a negative impact on the taxpayer. John Sherbon, 1715 Robin Road, commented that appraisals are a sore spot for him as his house has jumped in value. Businesses, however, have appealed to lower their appraisal and won. He stated that he is not in favor of the item as a lot of businesses in the TIF District are sitting empty and a solid tax base is not growing. 146514 - Amos/Feuss that the hearing be closed and oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 14 of 356 July 8, 2019 Page 6 146515 - Amos/Feuss that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Noel Anderson provided an overview of the item. Mrs. Juon commented that she is understanding that they are not changing the amount of taxes the business owners pay but that the city is changing the amount of money the city has to utilize to attract businesses to the area. Noel Anderson confirmed that her understanding is correct. Mr. Morrissey read three questions that someone in his Ward asked him to bring before council regarding TIF Districts. Noel Anderson explained that generally the TIF Districts are working well except this one. This one is having a problem with the decrease in valuation of the mall. Michelle Weidner explained that if all things remain the same it would take $6.7 million to generate taxes into the TIF. Mr. Schmitt questioned the repercussions for not supporting the item. Noel Anderson explained that it limits the city's ability to attract new businesses to the area. Michelle Weidner commented that the base is now smaller since it has lost valuation. If the city does not do something to stop it everyone will have to pay higher taxes. If increment is not generated to pay rebates it has a direct impact on the tax rate. Resolution adopted and upon approval by Mayor assigned No. 2019-516. 146516 - Amos/Feuss that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. 146517 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Five (Feuss, Klein, Amos, Schmitt, and Juon). Abstain: One (Jacobs). Motion failed. 146518 - Schmitt/Amos that proof of publication of notice of public hearing on Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment No. 2, to expand the boundaries, update projects, include additional projects, update related financial information, and include other general updates to the plan., as published in the Waterloo Courier on June 25, 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. Page 15 of 356 July 8, 2019 Page 7 146519 - Schmitt/Amos that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146520 - Schmitt/Amos that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-517. 146521 - Schmitt/Amos that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. 146522 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: One. Nays: Five (Feuss, Klein, Amos, Schmitt, and Juon). Abstain: One (Jacobs due to business reasons). Motion failed. 146523 - Morrissey/Feuss that proof of publication of notice of public hearing on San Marnan Urban Renewal and Redevelopment Plan, Amendment No. 5, to expand the boundaries, remove properties, update projects and project budgets to be included in the Plan, and other general updates to the Plan, as published in the Waterloo Courier on June 28, 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. David Dryer, 3145 W. 4th Street, commented that it is time to listen to the citizens and council should stop taking action that increases taxes. Forrest Dillavou, 1725 Huntington Road, commented that he objects to making this an urban renewal TIF. 146524 - Morrissey/Feuss that the hearing be closed and oral comments, and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146525 - Morrissey/Feuss that "Resolution affirming previous determination of an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the plan amendment", be adopted. Roll call vote -Ayes: Seven. Motion carried. Page 16 of 356 July 8, 2019 Page 8 Mrs. Klein questioned why some areas are placed in an urban renewal. Noel Anderson explained that this item is an economic development TIF, which is under the urban renewal section of the state code, which may lead to the confusion, and it does have a 20 year sunset. Resolution adopted and upon approval by Mayor assigned No. 2019-518. 146526 - Morrissey/Feuss that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Marnan Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 146527 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Two. Nays: Five. (Feuss, Klein, Amos, Schmitt and Juon). Motion failed. RESOLUTIONS 146528 - Feuss/Morrissey that "Resolution approving School Resource Agreement with the Waterloo Community School District to provide five (5) School Resource Officers in the schools for FY 19, FY20 in the amount of $281,913, to include funding for Officer training, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt questioned how the rate compares to last year. Dan Trelka explained that it is a 3 percent increase. 146529 - Feuss/Morrissey To amend to read FY20. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-519. 146530 - Feuss/Morrissey that "Resolution approving Memorandum of Understanding with INRCOG for grant writing services related to a REAP grant application, in an amount not to exceed $200,000, to be used for Greenbelt Lake Improvements, and authorize the Mayor to execute said document", be adopted. Roll call vote - Ayes: Seven. Motion carried. Mr. Feuss questioned if the $200,000 is for the maximum award or the grant writing services. Paul Huting explained that the city would pay only a percentage of the total amount awarded. Resolution adopted and upon approval by Mayor assigned No. 2019-520. 146531 - Klein/Juon that approving Final Quantity Summary for a net decrease of $4,155.03, in conjunction with the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Page 17 of 356 July 8, 2019 Page 9 146532 - Klein/Juon that "Resolution approving completion of project and recommendation of acceptance of work for work performed by Pirc-Tobin Construction, Inc., of Alburnett, Iowa, in the amount of $579,856.35, in conjunction with the FY 2019 Brock 3rd Addition Sanitary Sewer Extension, Contract No. 954, and receive and file a two-year maintenance bond", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-521. ORDINANCES 146533 - Schmitt/Amos that "an Ordinance amending the Traffic Code by adding Subsection (9a) Ansborough Avenue and Fisher Drive - Full Actuated Pushbutton Pedestrian Signal to Section 540, Obedience to Official Traffic -Control Devices", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco, Traffic Operations Superintendent, explained the item. 146534 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146535 - Schmitt/Amos that "an Ordinance amending the Traffic Code by adding Subsection (9a) Ansborough Avenue and Fisher Drive - Full Actuated Pushbutton Pedestrian Signal to Section 540, Obedience to Official Traffic -Control Devices", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5503. 146536 - Morrissey/Feuss that "an Ordinance amending the Traffic Code by repealing Subsection (39) - Kimball Avenue of Section 541, Increasing Speed Limits in Certain Areas and enacting in lieu thereof a new Subsection (39), Kimball Avenue, of Section 541, Increasing Speed Limits in Certain Areas and enacting in lieu thereof a new Subsection (39), Kimball Avenue, of Section 541, Increasing Speed Limits in Certain Areas", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco provided an overview of the item. 146537 - Morrissey/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146538 - Morrissey/Feuss that "an Ordinance amending the Traffic Code by repealing Subsection (39) - Kimball Avenue of Section 541, Increasing Speed Limits in Certain Areas and enacting in lieu thereof a new Subsection (39), Kimball Avenue, of Section 541, Increasing Speed Limits in Certain Areas and enacting in lieu thereof a new Subsection (39), Kimball Avenue, of Section 541, Increasing Speed Limits in Certain Areas", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5504. OTHER COUNCIL BUSINESS Page 18 of 356 July 8, 2019 Page 10 146539 - Feuss/Morrissey that Change Order No. 3, in the amount of $9,829.19, in conjunction with the Waterloo Waste Water Treatment Plant 2018 Remedial Actions Phase IIIB, Contract No. 949, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 146540 - Morrissey/Juon that the Council adjourn at 6:48 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 19 of 356 CITY OF WATERLOO Council Communication Resolution approving the request of The Accel Group to hold the annual Accel Triathlon on July 27, 2019, at 8:00 a.m., beginning and ending at George Wyth State Park and traveling on Airline Highway and Leversee Road. City Council Meeting: 7/15/2019 Prepared: 7/9/2018 REVIEWERS: Department P o].ice i. epar..ent Clerk Office Reviewer gyne, i Bigby„au. y Action Approved .Approved.. ATTACHMENTS: Description Type Accel N.. ,,, riat:i d .: t Cows SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Date 7/9/2 1 2: i 7/9/201 ,,,,,,, 12:3 :0 P Resolution approving the request of The Accel Group to hold the annual Accel Triathlon on July 27, 2019, at 8:00 a.m., beginning and ending at George Wyth State Park and traveling on Airline Highway and Leversee Road. Submitted By: Corbin Payne, Police Lieutenant Approve request This triathlon leaves George Wyth State Park and enters the city and then proceeds out in the county. It returns back into the city by the same route and re-enters the state park. Police security is requested for runner and biker safety at Broadway and Airport (both lanes) and Airport Blvd and Airline Hwy. Police route security (will reimburse for services) General None None Page 20 of 356 Good afternoon Planning for our 2018 Accel Triathlon is well underway, and we wanted to see if the Waterloo Police Department would be willing to support us again? This year's eve t will be on Saturday, July 14th, and we are requesting three officers. The bike course will be the same as last year, with support needed at the following intersections: Corner of Broadway St and Airport lvd (ramp on south side of highway) Corner of Broadway St and Airport Blvd (ramp on north side of highway) Corner of Airport Blvd and Airline Hwy I have attached a map of the course for your reference, but it's basically a loop like previous years. All at letes will start and end inside George Wyth Park, passing by your officers on their way out and again on their way back in. We ask that officers stop traffic appropriately and direct athletes in the right direction at each intersection. Our first athletes will begin the race at 8:00 AM and we request that officers are in place shortly after that, as the first athlete will most likely be coming through those intersections by 8:15 AM. We will have a vehicle leading the first athlete through with his hazard lights flashing. He will also follow the final athlete in, so you will know when the bike portion of the race is complete. We have placed cutoff times o our race this year, so the final athlete should pass through by 10:30 AM. T at lead vehicle will either be a Black Chevy Tahoe or a Red Chevy Camaro — not sure which vehicle yet, but I will confirm once we get closer to race day. We have very much appreciated the support of the Waterloo Police Department the past few years, and would greatly appreciate your support again this year, as athlete safety is extremely important to us. And like years past, we are willing to pay for the officers' time. 'lease feel free to let me know if you have any questions or concerns. I ook forward to hearing from you! Thank you Tina Miller, PHI?, SHRM-CP Director of Human Resources Cedar Rapids Waverly Cedar Falls Phone (319) 352-6142 Fax (319) 352-2075 Email Website Facebook Linkedin This message, and any attachments to it, contains information that may be confidential or privileged, and is intended only for the recipient identified above. If you received this message in error, please notify the sender immediately, delete all copies, and be aware that any disclosure, copying, distribution, or use of the contents of this message is strictly prohibited. Page 21 of 356 carat .L, A >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 2 10, to:or, !( 444 44 V VI 1,, A > Tf , ICA < P<s)' -- „ )) „Saac, / itt000111,11400,011kk 00/1011V lafg 71: SpOiVA t7,74i s Lit <,',<<<<<„,.<<<<:<•:,:,<<<<<<<<<<V -111 aassars ) 1ajl,,,r,,i; Page 22 of 356 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 25, 2019 and date of public hearing as July 29, 2019 for the FY 2020 Levee Rip Rap Spraying, Contract No. 989, and instruct City Clerk to publish notice. City Council Meeting: 7/15/2019 Prepared: 7/10/2019 REVIEWERS: Department Reviewer Action Date Engineering Knutson, J am e Approved 7/10/1( 1. A Clerk 01 I K c (f ighy„ 'Nancy Approved. roved,i. SUBJECT: 7/10/2019 ,,,,,, 10:11 A�..M Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as July 25, 2019 and date of public hearing as July 29, 2019 for the FY 2020 Levee Rip Rap Spraying, Contract No. 989, and instruct City Clerk to publish notice. Submitted by: Submitted By: Matt Schindel, Associate Engineer Summary Statement: Plans prepared by the City Engineer's Office. Source of F unds : GO Bond funds Page 23 of 356 CITY OF WATERLOO Council Communication Recommendation of appointment of Rodney Duggan, from the current Civil Service list, to the position of Solid Waste Technician in the S anitatio n Department, effective July 29, 2019. City Council Meeting: 7/15/2019 Prepared: 7/10/2019 REVIEWERS: Department Reviewer P a :: ie VVoiii._ks [) epai t c t i .� y➢ �i. c y ATTACHMENTS: Description Job Description Wast Personnel Requisition . ,,. Soli m (..� e ruary 20 19) uestiDormafire ,,,,,,, Waste Tvic(u s .1 2019) �:. ;m sonnel Requisith 111 ,,, ohd , ste pc at( r ne 2019) 201 9) o nest onnaii w C )i �. �ipc� ,,,,,,, Was e�°� ��e� � �c �m � mc,,�.�`� J ��r� � �,�� � 9 B ��� c,� : �;� �� Material 0 0 0 '1[" echn.mcm r r Waste Operator Action Approved Type w E.3 ac k uate w B- cck• ,.. .Materia Fel rua.ry 3 A -up M atei i.a1 i:3 a.c : ,. i M' aterii.a. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Date 7/10/20 P M Recommendation of appointment of Rodney Duggan, from the current Civil Service list, to the position of Solid Waste Technician in the S anitatio n Department, effective July 29, 2019. Submitted By: Randy Bennett, Public Works Manager Approve recommendation Positions are vacant due to a resignation and a termination. These positions are budgeted and required to support operations of the S anitation Department. $55,140.80 - each with benefits - $81,703.24 S anitation Fund Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 24 of 356 Resumes can only be submitted by going to the City of Waterloo website www.cityofwaterlooiowa.com, clicking on the Solid Waste Technician position, reading through the description and following the directions to submit your resume. We will not accept mailed, faxed, hand -delivered or directly emailed resumes. Deadline is noon on Friday, xxx xx, 2019. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SOLID WASTE TECHNICIAN DEPARTMENT SALARY FLSA CIVIL SERVICE • BARGAINING UNIT SANITATION $25.51/hour effective 7/1/18 with $1.00 increase after 6 -month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL 177 GENERAL STATEMENT OF DUTIES Under the general direction of the Public Works Manager and Sanitation Operations Supervisor performs collection of solid waste, trash, refuse, yard waste and recycling during all weather conditions. Other duties that may be required include customer satisfaction, code enforcement cleanups, maintenance and flood relief. Will also be required, as necessary, to support emergency City-wide operations. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Operates a variety of heavy equipment including but not limited to dump truck, automated garbage truck, rear packer garbage truck, backhoe, multi -compartment recycling truck, end loader, compost turner, screener and yard waste grinder. 2. Performs daily work as directed by Operations Supervisor in support of department objectives. Work may include but not be limited to curbside collection, delivery of customer carts, repairs to customer carts, missed garbage, missed yard waste, missed recycling, code enforcement clean-ups, bulk item clean-ups and yard waste site maintenance. 3. Follows established routes and maintains collection schedules and route logs. Prepares and leaves notices or tags on refuse not complying with established ordinance/rules. 4. Insures vehicles and equipment are properly equipped, operating correctly, present a neat and clean appearance and are completely fueled at the end of the work day in preparation for the next day's work assignment. Writes -up any equipment faults using established work order program and turns in to supervisor for scheduled maintenance. 5. Supports special events including but not limited to neighborhood clean-ups, City-wide clean-ups and hazardous materials collection and disposal events. 6. Responds to citizen complaints, questions and requests for service. 7. May assist in answering telephone customer service calls, filling out reports and servicing calls or inquiries. 8. Work is performed in busy traffic areas, in vehicle and on foot, in all weather conditions. Operates equipment that causes vibration, noise level is loud, atmosphere Page 25 of 356 may contain dust and traffic fumes, work environment is dirty with low visibility during bad weather. Works in inclement weather conditions for extended periods of time. 9. Works independently and with others with minimum supervision. 10. Performs work of a repetitive nature and varied workload. 11. Attends work regularly at the designated place and time. 12. Performs all duties and activities in accordance with City policies and procedures. Must comply with OSHA, EPA and Public Works safety rules and regulations. 13. Supports department goals and objectives by making recommendations to management for delivery of service improvements. 14. Performs all other related duties as assigned. REQUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic laws and safety rules. 2. Ability to learn City street layout. 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to keep work logs and prepare notices. 5. Ability to safely operate department equipment. 6. Ability to respond to questions comments from the public tactfully politely. and and 7. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 8. Knowledge of occupational hazards associated with and the safety precautions necessary when working in busy traffic or unfavorable weather conditions. 9. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year experience in the skilled operation of a large truck or other large vehicle or equipment OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 3. Iowa Class A or B Commercial Driver's License by equipment testing date and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: (a) loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; (b) loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation within the previous five years; (c) four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; (d) three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: (a) four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation within the previous five years; (b) two or more at -fault accidents within a three-year period while driving on City business; (c) a combination of three or more at -fault or not - at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to consideration for an interview, prior to offer of employment and at Page 26 of 356 least annually after hire. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina to work at a steady pace for up to ten hours or longer during unfavorable weather conditions or during special projects. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio, to understand and give verbal instructions, respond to questions from the public and to hear and respond to approaching traffic. 4. Sufficient color vision, depth perception, distance and peripheral vision, and hand/eye coordination to safely operate vehicles and equipment in all weather conditions, work in high traffic areas and climb on and off vehicles and equipment; dexterity and grip strength to run controls on compactor and inside automated trucks. 5. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. MISCELLANEOUS 1. Must wear personal protective equipment whenever and wherever necessary such as safety shoes, safety glasses, hard-hat, reflective vest, hearing protection, gloves and over -garments as required by daily work assignment 2. Must wear standard uniform as supplied by City. Uniform must be clean and present a neat appearance. 3. Must submit to Department of Transportation requirements including pre-employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Following a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. Failure to pass the physical exam and drug test will result in withdrawal of the employment offer. 5. The City of Waterloo reserves the right to conduct a background investigation including education, employment and criminal history checks on any applicant being considered for this position. 5. Must submit to Civil Service examination procedures including an equipment driving test and a panel interview. WORK SCHEDULE Scheduled work shift is generally 6:00 a.m. - 2:00 p.m. Monday -Friday. Weather, holidays, or emergency conditions may require working later, other days or weekends. May be significant overtime during weather emergencies. Required to adjust work week to support department/City programs and objectives, including but not limited to neighborhood clean-up events, City-wide clean-up events, etc. EXAMINATION INFORMATION EQUIPMENT EXAMINATION Those applicants with a good motor vehicle driving record will be required to participate in a driving test that will test skills in operating equipment used in this job classification. An individual must receive a minimum of eighty out of one hundred points to achieve a passing score on the equipment examination. The equipment examination will count 40% of the overall test score. ORAL EXAMINATION Those applicants who pass the equipment examination will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The oral examination will count 60% of the overall test score. SCORING Page 27 of 356 Those applicants, who successfully complete the equipment and oral examinations, as outlined above, will have their scores determined by giving 40% weight to the equipment test score and 60% weight to the oral test score. The top applicants, as ranked by their scores, will be the individuals placed on the certified lists. Applicants who qualify as outlined and are full time regular employees of the City of Waterloo shall have one additional point per full year of employment up to a maximum of five points added to their final score. Honorably discharged men and women from the military or naval forces of the United States who qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States shall have five additional points added to their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or have a service connected disability. Employment is contingent on possession of a good driving record based on City of Waterloo driver performance criteria and passing a post job offer physical and drug test. Failure to pass these tests will result in withdrawal of the employment offer. ORAL EXAMINATION DATE All qualified candidates who apply by the deadline date will be notified of the time, place and date of the equipment and oral examinations. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. SOLID WASTE TECHNICIAN DESCRIPTION 19 April 2019 Page 28 of 356 1 .t PERSONNEL REQUISITION FORIVI REQWEO APR 0 2 7019 Check as applicable: E To start recruiting or civil service process and/or IZI To fill a vacancy Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Solid Waste Technician Department: Sanitation Reports To: , alt tt _ � io -, er i r ---------_ Work Location: Public Works Employment Status: Regular Putt Time [1] Temporai3r Feil Time from to Regular Par Time 0 Temporary Part Time from to 0 Regular --Month Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: _ 17 Non -bargaining Position: El Yes 121 Yes LI Yes El No No El No Complete the following if the requisition is to fill a vacancy: Recommended Recruitment Sources: Internal Posting Only El Internal Posting and External Advertising El New Position or El Replacement Position for: Travis Ross (Solid Waste Operator)__ - (Sei ry name and title of former incumbent) Date incumbent terminated comet: 024549 Date of final payout:03-1-19 Anticipated star date: ASAP No, of hours/ween: 40 Work schedule: 06004400 - Tues -Fri Justification of need for position: This position is replacement for a terminated Sanitation Route Driver. What are the likely consequences if the position is not filled? Critical position in the delivery of services to citizens. APPROVALS Annual salary requirements: $55,140.80 Hourly Rate: 26.51. Benefits: $81 703.24 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? Ei Yes 0 No If o, how will position be funded? Approved subject to the following conditions: Submitti 412 fcielf Financial Officer D artment ead Date i-6/-/‘/ Date Human Resources Committee Chairperson Date Created 8/7/2014 L. S�.I�CC✓ Mayor e���i�;�wrr r � 3 f J sour f ec 1 :yam 4z4$�'.3:y,vf�==?� .,._`s�iJ.+o?'7ri{r-.. .n -.i-. -, Page 29 of 356 } } PERSONNEL REQUISITION Solid Waste Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Solid Waste Technician in the Sanitation Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Delivery of garbage carts, maintains yard waste site, provides fill-in duties for sanitation route operators during absence, pickup of recycle and yard waste routes. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes, however, there are a limited number of employees within the department to provide the services which are user fee based. (3) How is the work of this position being accomplished now? Being completed by others within that job classification, requiring overtime as necessary. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (s) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Provides manpower to provide the citizen services which are expected. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Would probably not increase revenues, however, would significantly reduce the potential for dis-satisfied customers. (7) (8) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Overtime / comp time requirements are seasonal. Yard waste pickup and site maintenance require significantly more man-hours. Customer service is a key ingredient. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. It is my understanding that staffing levels over the past three fiscal years have remained consistent. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Lack of this position will increase overtime for other departmental employees. Page 30 of 356 (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Employee time off is managed to insure daily work assignments are covered. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? I don't believe there would be savings, however, to the best of my knowledge, this alternative has not been investigated and would require outsourcing the entire department as opposed to one position. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is funded totally with user fees, not property taxes. Citizens who pay for these services, expect these services (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position supports the goal of providing excellent citizen services. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 31 of 356 PERSONNEL REQUISITION FORM Ch0.0k as appilfc.ablo:- 121 rotMt uJiingoioiLi1 serviae--process anclior 1 To fill a yacang Servteo•144_ Expires: A -pranissei1job:_ato01004 WO tow ifimm-Oli6 Must acc011itAny th:41f0tin at tii0c f sulvoi5s107.,to Ituata I4s io.yeesf Positibn 'flaw- go id Waste Technician ReptottS To •SililitaiOn 0 ratiii Su ei isdr ki4loyinga Ni111§; :Type:of l'10tiOrt:•• civil SorVfee Posiioni. Baljpiniiig Positkiii;- .1E1 Ys 0 No' B-argaiftifig 13foutri. , 17.7. Nott-brgainifig VoAbt, 11] Ys- I1 gu{uvtuJ1.Tho. 011egulaaatt Time LI ErRoplat 144Qn-th Depatitinent: -Sanitation 1 Work Loontion: Public Work Ternporiiy FuflThne fralp, • Tomporavy Part Time from- IlitemiCoyd*-tudtnt-frotri to to to 1 Recommended Reprultmei*Solroes: El Riternal Postitlg Only Intetnattiosting and Extornal Adverasing COI-016t6146.1fiilloWin& jf.the requisition ii -td• fill_ a VhWutivErt 0 New'PbAlt1460 oi121. _Ropiaae*Eit 141isitiort Ziathicla iVi.ekatitY06-(8-0114:1V68te .0_peiitt01) • Amplify Wikiitila offortnot ilioumbent) Date ifiOntbdfittormitated Nitploymbot: Q4j3J9 Dat0.-of final payoht; 04-264 AneciPatbdi-gtott 1A1.6'1‹..soliedo :04.0.0-140 Si.18fifiGatiori •of need-, for -posit loll,. This position is to repia:cell voluntary resignation •Sati-itatiouRouto.Dtivor, Wilk are flie Ilkply cot _not poMtion In The- delivety..ofeivicea.tb -01tizens. APPROVALS Annij1 sillarY Itql:tirOments!. 15.5.i.140AQ .,„„__ Hourly ,6k,5I . (Pqroillexts, potion, kart ins.- assuming rmioty) Is postfign. budgeltea -N-th!s and. future Ws? Ye ff N If no, how wilt ppOio. 1)e. funded? Approve bject fc:t the following,condttiom: Subrnitti g:Ei-epiatimoitt frcad hIefFithii01-00,r Dale 1411111611 RbSOUrCeS C-Otnroltteo ctioitpDrson Delti4 .6-emcd 8/7/204 Mr/ 1 Pir ,ii -d 1. , , /Hu ipa'n O:tili',4 i Iv • Page 32 of 356 PERSONNEL REQUISITION Solid Waste Technician The following questions are provided as guidelines to assist you in developing your rational for the position of Solid Waste Technician in the Sanitation Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Delivery of garbage carts, maintains yard waste site, provides fill-in duties for sanitation route operators during absence, pickup of recycle and yard waste routes. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? Yes, however, there are a limited number of employees within the department to provide the services which are user fee based. (3) How is the work of this position being accomplished now? Being completed by others within that job classification, requiring overtime as necessary. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes (s) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Provides manpower to provide the citizen services which are expected. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? Would probably not increase revenues, however, would significantly reduce the potential for dis-satisfied customers. (7) (8) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Overtime / comp time requirements are seasonal. Yard waste pickup and site maintenance require significantly more man-hours. Customer service is a key ingredient. How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. It is my understanding that staffing levels over the past three fiscal years have remained consistent. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Lack of this position will increase overtime for other departmental employees. Page 33 of 356 (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Employee time off is managed to insure daily work assignments are covered. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? I don't believe there would be savings, however, to the best of my knowledge, this alternative has not been investigated and would require outsourcing the entire department as opposed to one position. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? This position is funded totally with user fees, not property taxes. Citizens who pay for these services, expect these services (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position supports the goal of providing excellent citizen services. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 34 of 356 CITY OF WATERLOO Council Communication Motion to approve solicitation Registration Application by Mike Mrzlak on behalf of Sons of AMVET S Post #19, 655 Cedar Street. City Council Meeting: 7/15/2019 Prepared: REVIEWERS: Department Reviewer Action Date Rice i � �v Clerk �m.ce �. g.� y �➢ �ncy Approved 7/1 0 : PM ATTACHMENTS: Description Type . o hcmtat on Rc „ � tm.atmon 1;:"or Back Mat , ria SUBJECT: Motion to approve solicitation Registration Application by Mike Mrzlak on behalf of Sons ofAMVETS Post #19, 655 Cedar Street. Page 35 of 356 Name of Applicant: Name of Organizatio City of Waterioo Solicitatio Registration SS Date: 7 hitch Applicant is Soliciting for: Organization's Local Address: Person in charge pf local olicitation: Name: Local Phone' Purpose of solicitation or purpose of organization: -.4 Let 6911,0 -1 -- Names 01 principal Name: Name: Name: Methods of soliciting or raisi icers of organization. Title:521-1 Title: Title: od of distribution of funds solicited: Percentage of gross collection to be distributed Percentage of gross collection to be returned to Approved: Denied: 10 Fee Received: Date: Receipt: Permit Fee: License No.: ocally:. national headquarters: Date: ,000.00 Corp r e Bond: Page 36 of 356 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 7/15/2019 Prepared: REVIEWERS: Department Reviewer Action Date E ; � �.i ee �. i g a&pp .cy Approved 7/ f ,,,,,,, :04 AM ATTACHMENTS: Description Type on.d..s for c Ji,r approval 7 5 1. 9 ckup ...a- nal SUBJECT: Bonds. Page 37 of 356 BONDS FOR COUNCIL APPROVAL July 15, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 7900383696 IA 5165833 CEDAR VALLEY RENOVATIONS LLC JESUP LAND IMPROVEMENT CO. CEDAR FALLS, IA JESUP, IA Page 38 of 356 CITY OF WATERLOO Council Communication Sale and conveyance of property located north of 3488 Wagner Road, to Professional Lawn Care, LLC, in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of three (3) industrial buildings. City Council Meeting: 7/15/2019 Prepared: 6/26/2019 REVIEWERS: Department Planning & ruing i g Clerk k O fice Reviewer Anderson., -Noel Even, :::(2 . m. ATTACHMENTS: Description r)e eoprnem,. .mem r� �rmt SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved proved Approved. Type is H', sack u.r Mat Date 7/9/2.1 0: 11 7 A 7/9/2019 ,,,,,,, :7.3 M 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 authorizing the sale and conveyance of a portion of City owned property to Professional Lawn Care, LLC, in the amount of $1.00, generally located north of 3488 Wagner Road, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with Professional Lawn Care, LLC, for the construction of three (3) industrial buildings, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Hearing The City has owned the land since 2016. Agreement allows for three light industrial buildings to be built. The buildings will be complete by the end of the year and have a minimum assessment of $723,920.00. None NA Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Not sell Lot 3 & 4, Wagner Road Subdivision, City of Waterloo, Black Hawk Page 39 of 356 Legal Descriptions: County, Iowa. Page 40 of 356 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2019, by and between Professional Lawn Care, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct three buildings and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) Page 41 of 356 restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property three new commercial buildings, in size to be substantially as depicted on the site plan attached hereto as Exhibit "C," and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval, as provided in Section 4 below. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. Company must obtain a building permit and begin construction within six (6) months from the date of this Agreement (the "Project Start Date") and substantially complete construction within twelve (12) months thereafter (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, 2 Page 42 of 356 provided that Company shall indemnify and hold harmless City as set forth in Section 4. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 43 of 356 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $723,920.00 ("Minimum Actual Value"), through: (1) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. Additional Improvements; Tax Rebates. The parties contemplate that Company may construct additional improvements (the "Additional Improvements") in the future. Provided that (a) Company enters into a new minimum assessment agreement reasonably acceptable to City with respect to the Additional Improvements, (b) the Additional Improvements are substantially completed within thirty-six (36) months after the date of this Agreement, and (c) the total minimum actual value of the Additional Improvements, when combined with the Minimum Actual Value stated above, is at least $1,000,000.00, then Company will be eligible for the property tax rebates provided for in this Section. Provided that Company has fulfilled the requirements of this Section, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Five 50% rebate each year for any taxable value that exceeds $125,000.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. 4 Page 44 of 356 The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and Additional Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements and Additional Improvements due to partial completion of the Improvements and Additional Improvements or a partial tax year. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. B. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. C. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. D. During the period that any rebate is payable to Company under this Agreement, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause 5 Page 45 of 356 the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 6 Page 46 of 356 D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. 7 Page 47 of 356 C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180 -day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 8 Page 48 of 356 17. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 18. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Professional Lawn Care, at P.O. Box 1942; Waterloo, IA 50704, Attention: Dennis Lickteig. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 19. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 21. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this 9 Page 49 of 356 Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 22. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 23. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 24. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 26. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA PROFESSIONAL LAWN CARE, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 10 Managing Member Page 50 of 356 PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Dennis Lickteig 11 Page 51 of 356 EXHIBIT "A" Legal Description of Property: Lots 3 and 4, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 52 of 356 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019, by and among the CITY OF WATERLOO, IOWA ("City"), PROFESSIONAL LAWN CARE, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $723,920.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before December 31, 2020. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, Page 53 of 356 2030. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA PROFESSIONAL LAWN CARE, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK) ) ss. Managing Member On this day of , 2019, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 2 Page 54 of 356 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) LLC. Notary Public Subscribed and sworn to before me on , 2019, by as Managing Member of Professional Lawn Care, Notary Public 3 Page 55 of 356 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Seven Hundred Twenty -Three Thousand Nine Hundred Twenty Dollars ($723,920.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 56 of 356 EXHIBIT "C" Site Plan See attached. Page 57 of 356 CITY OF WATERLOO Council Communication Sale and conveyance of property located east of 1994 Newell Street, to OFI Properties, LLC, (ConTrol), in the amount of $1.00, with a Development and Minimum Assessment Agreement, in conjunction with the development of a 203,953 square foot building. City Council Meeting: 7/15/2019 Prepared: 6/19/2019 REVIEWERS: Department Reviewer Action Date P lann ui g " '' . ruing A.ndci. oii`i. Noel Approved 7/9/2 1 .. 00:4 . Clerk Office Even, ,... e ........ _ .n. Rejected 7/9/2019 ....., 12:21 P M P tanning g & Zon r Anderson,Noel Approved '7/110/7.0. 12:17 .P.M Clerk. Office Even., 1:.Ae.Ann. .Approved 7/10/20 9 ,,,,, 12:34 T'.M ATTACHMENTS: Description Type 0 (.; off{ rol1[....) A.. Covel SUBJECT: Submitted by: Recommended Action: Summary Statement: 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 authorizing the sale and conveyance of a portion of City owned property to OF I Properties, LLC, in the amount of $1.00, generally located east of 1994 Newell Street, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development and Minimum Assessment Agreement with OFI Properties, LLC, for the construction of a 203,953 square foot building, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Hearing The City of Waterloo is working with ConTrol for a large industrial development project in the Northeast Industrial Park area. This project would give land for $1.00, tax rebates over an 8-10 year period, and a grant of approximately $1.5 million to accommodate poor soil conditions in the area. The project would raise the assessed value of the area from $102,270 to $11.5 million. $1,545,000 Northeast TIF and bond funds Page 58 of 356 Policy Issue: Economic Development Alternative: Not approve Background Information: Legal Descriptions: The City of Waterloo acquired the site for this project from the Waterloo Industrial Development Association (WIDA) in 2004. In the early 90's WIDA worked to acquire many parcels of land for industrial development, in partnership with the City of Waterloo. The City has recently extended water and sewer and graded this site for industrial development in 2016-2017. That activity of making the site more "shovel ready" helped attract ConTrol for another expansion project in the Waterloo community. ConTrol has been in the Waterloo since thwe early 2000's, and built a 70,000 sq. ft. facility in 2006, and a 17,600 sq. ft. facility in 2011. This current project will bring a Phase I project of over 200,000 sq. ft., and eventual phases bringing over 400,000 s q . ft. The Development Agreement outlines the City's help through free land, tax rebates at 50% for 8 years, plus an additional 2 years at 35% if infrastructure needs to be relocated for the project. There is also a grant of $1.5 million for the project assistance, due to poor soil conditions of the site c uas ing extra cost for the development of the site. A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, AND A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Comer of Section 20, Township 89 North, Range 12 West, of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa; Thence N89°37'44"E, along the North Line of the North One -Half of the Northwest Quarter of said Section 20, a distance of 194.41 feet, to the Northeast Comer of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter; Thence 500°58'42"E, along the East Line of said West 194.40 feet of the Northwest Quarter of the Northwest Quarter, 50.00 feet, and the POINT OF BEGINNING; Thence N89°37'44"E, along a Line parallel with and 50.00 feet normally distant Southerly from the North Line of said Northwest Quarter of the Northwest Quarter, 829.74 feet; Thence S00°00'00"E, 1396.98 feet, to a Point on the Northerly Line of the P arc el depicted on the Acquisition Plat of Survey, as Recorded in LD Book 572 at Page 367 of the Records of the Black Hawk County Recorder's Office; Thence Southwesterly 322.40 feet along said Northerly Line on a 1074.93 foot radius curve, concave Southeasterly, whose 321.19 foot chord bears 579°10'28"W; Thence 536°48'47"W, along said Northerly Line, 65.54 feet; Thence Southwesterly along said Northerly Line, 231.76 feet along a 1039.93 foot radius curve, concave Southeasterly, whose 231.28 foot chord bears S61°11'41"W; Thence S54°48'37"W, along said Northerly Line, 13 7.2 6 feet; Thence S 64°22'40"W, along said Northerly Line, 41.66 feet; Thence N00°56'58"W, 438.30 feet; Thence S 89°37'11"W, 93.55 feet, to a Point on the East Line of said West 194.40 feet of the Northwest Quarter of the Northwest Quarter of Section 20; Thence N00°58'42"W, along said East Line, 1325.52 feet, to the Point of Beginning. Page 59 of 356 Said Parcel of Land contains 27.89 Acres, and is subject to easements and restrictions of record. Page 60 of 356 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 Name Address City (319) 234.5701 Phone DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2019, by and between (the "Developer"), (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Developer is willing and able to finance and undertake construction and/or rehabilitation of buildings and related improvements on property located in the Northeast Industrial Area Urban Renewal and Redevelopment Plan area and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $1.00 (the "Purchase Price") within thirty (30) days after approval of this Agreement by City, which conveyance shall occur no later than August 15, 2019 (the "Closing"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record as set forth in an amended Deed of Dedication as Page 61 of 356 DEVELOPMENT AGREEMENT Page 2 provided in Section 2 (b) future real estate real property taxes and assessments arising after the date of Closing; (c) general utility and right-of-way easements serving the Property and of record; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Notwithstanding the foregoing, City shall have no duty to convey title to Developer until Developer delivers to City reasonable and satisfactory proof of Developer's financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer (such time period not to exceed thirty (30) days), Developer may terminate this Agreement, and shall have no obligation to accept title to the Property or otherwise perform under this Agreement. City shall promptly provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements by Developer. Developer shall construct a building consisting of approximately 203,953, square feet, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state and federal building codes, storm water regulations, and the Deed of Dedication for the Northeast Industrial Park Plat. It is contemplated that the value added by the Improvements will, upon completion, result in an assessed value of no less than $11,500,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Developer's or Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". Developer will be responsible to pay all applicable Project permitting fees, including but not limited to building permit fees, inspection fees (e.g., foundation, building, plumbing, heating, electrical, and plan reviews) and site plan amendment fees. City will waive the connection charges for water and sewer service. 2.1. City Activities to Aid Development. A. City agrees to amend the Deed of Dedication for the Northeast Industrial Park Plat as set forth on Exhibit "C" attached hereto, to modify the requirements for outside storage yards and related screening. In addition, if City requires any offsite infrastructure improvements, such as turn lanes, in connection with the Project, City will undertake such improvements at its sole expense and will not levy a special assessment against the Property to recover such expenses. B. Subject to the terms of this paragraph, the City of Waterloo will provide a grant of $1,515,000 to assist in building an improved "pad -ready" building site, suitable for new construction and permanent structures. City will pay the grant to the fee owner of the Property, whether it be Developer or Company, as appropriate. The grantee agrees to use the grant funds to defray Page 62 of 356 DEVELOPMENT AGREEMENT Page 3 Project costs related to correction of poor soil conditions that have been identified, including related expenses for associated general conditions, design costs, construction fees, and development fees. Payment will be made upon the last to occur of (i) July 31, 2020, or (ii) thirty (30) days after issuance of a certificate of occupancy for the Improvements. By mutual written agreement of City's Community Planning and Development Director, Chief Financial Officer and Company, City may pay up to an additional $30,000 in grant funds, but any additional grant amount above $30,000 will require approval by the Waterloo City Council. C. The City shall provide, at its sole expense, a topographical survey of the Property and a preliminary plat and final plat (in substantial accordance with the site plan), subdividing the Property from adjacent property to be retained by the City. In connection with platting, the City may declare certain covenants and restrictions that are consistent with those applicable to adjacent subdivisions previously platted by the City. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment, the City would not do so. Developer must begin construction of the Improvements before September 1, 2019, and must substantially complete said Improvements by September 30, 2020. If Developer has not, in good faith, begun the construction of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the stated period but the development of the Project is still imminent, the City's Community Planning and Development Director may, but shall not be required to, consent to an extension of time of up to six (6) months for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. Any further time extensions will require consent of the City Council. If development has commenced within the required period, as the same may be extended, and is subsequently stopped or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay. If, after commencement of construction, construction is not completed by the Project Completion Date, as the same may be extended, then Developer shall buy out City's right of reverter of title by paying to City an amount equal to the fair market value of the Property in an unimproved condition as determined by mutually agreeable appraisal or the average of each party's appraised value. Said buy- out price shall be paid within thirty (30) days after determination of the fair market value. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, Page 63 of 356 DEVELOPMENT AGREEMENT Page 4 including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances against the Property. Developer further agrees that it shall indemnify City and hold it harmless with respect to any lien, claim, charge, or encumbrance on or against the Property or any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. Notwithstanding the foregoing, Developer shall have no liability or responsibility to release any easements for utilities on the Property or other easements in furtherance of the development thereof. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason for a period of one year. 5. Property Tax Rebates. Provided that Developer has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 10, and subject to annual appropriation by the city council, the City agrees to rebate property taxes (with the exceptions noted below) as follows: 50% rebate for each of Years One through Eight, inclusive, for any taxable value over the January 1, 2018 value of $102,270.00. Rebates are payable in respect of a given year only to the extent that Developer has actually paid general property taxes due and owing for such year and the city council has made an appropriation for the payment of rebates. To receive rebates for a given year, Developer must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise reasonably satisfactory to City, otherwise Developer will forfeit its right to a rebate for that year in the City's discretion. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. The City shall extend the rebate for two additional years by up to 35% to cover the cost of qualifying additional infrastructure, which includes the cost of capping Page 64 of 356 DEVELOPMENT AGREEMENT Page 5 and replacing existing water line stubs, the cost of placing requested water pits and meters at the water main tap, and the cost of re -spreading stockpiled soil, in a total amount not to exceed $240,000. If the rebate is extended, the parties will execute an amendment of the Minimum Assessment Agreement (see Section 10) to reflect the terms of such extension. 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage to finance Developer's completion of the Improvements and of which Developer notifies City in advance of Developer's execution of any such mortgage. Developer may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Utilities. Developer will be responsible for extending telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees after the City has caused all utilities to be stubbed to the Property. 8. Easements Reserved. In connection with conveyance of the Property or the Option Property, City shall reserve permanent utility easements and a grading easement as marked on Exhibit "0" attached hereto. 9. Option for Additional Land and Right of First Refusal. Provided that Developer is not in default under the terms of this Agreement, then Developer, its successors and assigns, shall have an option to purchase the real property described on Exhibit "A-1" and Exhibit "A-2" attached hereto (collectively, the "Option Property") for the sum of $1.00. Developer may exercise such option with respect to either or both parcels comprising the Option Property, provided that Developer shall enter into a development agreement and minimum assessment agreement with respect to an expansion project in connection with the exercise of such option. The parties agree that a project on the Option Property will be entitled to incentives commensurate with the project as prescribed by City development policies, up to substantially the same incentives that are provided for the Project under this Agreement. The option may be exercised at any time on or before the tenth (10th) anniversary of the date of this Agreement by delivery of written notice of exercise to City. Within ten (10) days following delivery of the Option notice, the parties shall execute a written purchase agreement in form acceptable to City and Developer, which purchase agreement shall require, among other things, that Closing shall occur on a date to be agreed upon by the parties following delivery of the option exercise notice, which date shall be within sixty (60) days of delivery of said notice. Developer shall also have a right of first refusal with respect to the Option Property. Upon receipt of written notice from City that includes the terms and conditions of a bona fide third -party offer for all or any portion of the Option Property, Developer shall have a period of fifteen (15) days in which to exercise its right of first refusal to purchase the subject portion of the Option Property, on the same terms and conditions Page 65 of 356 DEVELOPMENT AGREEMENT Page 6 as are set forth in the offer. Developer shall exercise the right by delivery of written notice to City, and thereafter Developer and City shall act with diligence to close on said transaction and to execute any related documents required by the offer. The Option Property shall be deed restricted so that no direct competitor of Company may, for a period of ten (10) years, own or use the Option Property so long as Company or any or its affiliates are operating on the Property. 10. Minimum Assessment Agreement. Developer acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Developer further agrees that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $11,500,000 (the "Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Developer agrees to sign said attached Exhibit "B" at the closing. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. Page 66 of 356 DEVELOPMENT AGREEMENT Page 7 C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 13. Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Developer may sell, convey or transfer the Property to Company at any time without such consent, subject to Company's satisfaction of the condition stated below. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. As a condition to Developer's sale, conveyance, assignment or transfer to Company or another approved person or entity (each a "Successor"), the Successor must assume in writing each and every one of Developer's duties under this Agreement, and effective upon such assumption the Successor will succeed to all of Developer's rights under this Agreement that accrue thereafter. The written instrument of assignment and assumption will be recorded in the land records of Black Hawk County, Iowa, and promptly following execution of such instrument a copy thereof will be delivered to City. 14. Materiality of Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for the parties to enter this Agreement. Each party hereto acknowledges that without such promises, covenants, representations, and warranties of the other party, it would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, the non -breaching party may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Intentionally deleted. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at Page 67 of 356 DEVELOPMENT AGREEMENT Page 8 (c) if to Company, at Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 17. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 19. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 20. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Page 68 of 356 DEVELOPMENT AGREEMENT Page 9 22. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 23. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk [insert Company name] By: Title: Page 69 of 356 EXHIBIT "A" Legal Description of Property [insert] Note: Deed to follow form of description set forth in abstract of title. Page 70 of 356 EXHIBIT "A-1" Legal Description of Option Property [insert] Page 71 of 356 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019 by and among the CITY OF WATERLOO, IOWA ("City"), ("Developer"), ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City, Developer and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Northeast Industrial Area Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $11,500,000.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before September 30, 2020. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on September 30, 2030. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by Page 72 of 356 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER By: By: Quentin M. Hart, Mayor Brad Schoenfelder President - Midwest By: Kelley Felchle, City Clerk [insert Company name] By: Title: Page 73 of 356 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this of , 2019, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me on , 2019 by as of Notary Public Page 74 of 356 STATE OF ) ss. COUNTY OF ) Subscribed and sworn to before me on , 2019 by as of Notary Public Page 75 of 356 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improve- ments to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Eleven Million Five Hundred Thousand Dollars ($11,500,000.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2019, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 76 of 356 EXHIBIT "C" Site Map Showing Easements INSERT Page 77 of 356 CITY OF WATERLOO Council Communication FY 2020 Digester No. 3 Lid Removal, Contract No. 982. City Council Meeting: 7/15/2019 Prepared: 7/10/2019 REVIEWERS: Department Reviewer Action Date Engineering 1 ..f.utsc:.)n Jamie Approved 7/1 /201 9 9 AM Clerk M. rice Even, ).:. e nn Approved 7/10/2019 ,,,,,,, :54 AM ATTACHMENTS: Description Type Bid '1: "ab [3 acku MatMateri,.:� 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 Treatment Operations Supervisor for review. Submitted By: Brian Bowman, Treatment Operations Supervisor Page 78 of 356 FY2020 Digester No. 3 Lid Removal Contract No. 982 Bid Tab: July 11, 2019 Estimate: $162,575 Bidder Bid Security Bid Amount Miron Construction Co., Inc. Cedar Rapids, IA 5% o $148,226.00 Woodruff Construction, LLC Waterloo, IA 5% $167,500.00 Peterson Contractors, Inc., Reinbeck, IA 5% $172,000.00 Page 79 of 356 CITY OF WATERLOO Council Communication Resolution approving Purchase Agreement with Vessco Inc., of Minneapolis, Minnesota, in an amount not to exceed $32,147.50, in conjunction with purchasing equipment for cleaning the Easton Aeration Basin 2, and authorize the Mayor to execute said document. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department Waste Manager men:t Clerk Office ATTACHMENTS: Description o Memo to Wa o Vessco SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer bow,.an, brian eAnn ayor an 1pity n I Action .Approved Approved. Type Cover 13 a,k u.p Mf ateria Date 7/9/2 7/10/' 12:11 PM Resolution approving Purchase Agreement with Vessco Inc., of Minneapolis, Minnesota, in an amount not to exceed $32,147.50, in conjunction with purchasing equipment for cleaning the Easton Aeration Basin 2, and authorize the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor Recommend approval of agreement with Ve s s c o $ 32,147.50 S ewer Fund Page 80 of 356 11J1JJJJJJIJJ1Jlr CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 July 9, 2019 Memo to Waterloo Mayor and City Council: RE Easton Aeration Basin 2 .Project Waste Management Services goal for 2018-2021 has been to rebuild and clean each Easton Aersation Basins. There are a total of 4 Easton Aeration Basins. Background Discussion: In 2018 Waste Management performed the rebuild and cleaning of Easton Aeration Basin 1. For 2019 our goal is to rebuild and clean Easton Aeration Basin 2. As part of this program each diffuser sock needs to be replaed. Each Easton Aeration Basin has 715 Diffuser Socks. Waste Management has some inventory of diffuser socks to be used on this project, hence the order for 700 provided on this quote. Recommended Action: It is recommended that City Council approve the agreement with Vessco Inc. In the amount of $ 32,147.50. Page 81 of 356 TO: Attn: Wateroo, IA. ViNifTP 3505 Easton Ave. Waterloo, IA. 50702 Mr. Brian rowrflafl ROJECT: Wate loo, WV4TP diffusers FROM: Sonner PHONE: (319) 2914553 EMAIL: brian.bowman a erl DATE: June 29 2019 VESSCO hereinafter referred to as, "Company" proposes, to furnish, under the Terms and Conditions erei,a, er set forth and described in, the, accompanying description and specifications,„ the following equipment. V SSCO„ Inc. will provide pricing and any additional information you may require. The following is a list of Equipment included in our Scope of Supply. 02948 91 E's EP M Membranes 00290 Stainless steel clamp Frei ht Pricing includes shipping: f.o.b. factory with full freight allowed to the job site ground. ,2„ 1 110.00 64'7.50 The above quotation is offered in accoriance with VESS,C,O's Terms and Conditions of sale. if you have any questions regarding the above equipment, please direct the, to my attention, I would be more than happy to discus,s any part of this proposal with you via phone at (515) 233,-8599, or via email at csonne ,vess,co.com, hanks! Respectfully Submitted, Cory A. Son, er Sales Engineer VES,SCO, Inc. Accepted Printed Na Date: 4.1 21., !1; nit 0. '07tre e 0 S2.11 te 1 0 1 Almu 0 0 1 0 10 5 1 5 ) 2 3 ,,,,. 9 9 - r 5, 1 ) 2 :3 34 8 6 0 '2. 10:16/32‘,L216?:.:5 s 0 Page 82 of 356 Vessco Scope of Supply' Page 2 o[4 GINERALTE,M D CONDITIONS Eui n CO offers th sell to Gustordi,,: the equipme :including instaIlation ander start:up services, if imy, described in VESSCOS Proposad (collectively, the "Equipmenr),, subject to the team and Conditions set f‘TOrtrli. herein. This offer is conditioned upon Customer's as.sent. to the exclusive applicability of these terms iand cond„itions. No additional„ different or inconsistett terms set forth in any purchase ordeT or oth.:er document of Customer shall he: binding o: VESSCO„ unless, otherwise exp,ressly agr to, in a writing signed. by VE,SSGO. Pa m t ustomer shall pay to VESSCO the IbIl pur:ch,e,e, :price for the Equi:pme:m in :the aanount :and, subject to the p.ay , tent tenns set forth in VESSCOS Ptcrposal, A.1.1, owns referred to herein. are denominated and sh.ah be paid in U.S. Dollars, Unless otherivise stated in 'VESSCO'S Proposnah places. are F.O.B. shipping poi:. t and pa.ymen.t terms are net. thirty (30) days from date of VESSGO'S invoice. Payments received after the due date shall bear interest at the rac of 1-1/2% (or the highest rate pennitt,ed by law, if le,ss) for each month or portion of a month until paid,. Customer shad reimburse VIFSSCO for all costs, nacluding reasonable attorneys' fees, Inca,- eta by VESSCO to ,enforce Customer's payme,m obligations .3. Securitt, Interawnit. Customer gents VESSCO secusity inter:est Ctstomer's interest (if any) in the Elq, iptnent (and any attaehrients, ,additions or im.provernents id proceeds) to secure Customer's, pi yment obligations he,m der,. whenever arising, Customer shallexecute financing suitar n n idtake all other acts r:,,equested by VESSCO to, :perfect maintain and evidence such s,ecurity :interest, 4. T xes, Custo a i less tb.erwise enified in VE: 'S Pro: esa1 ustomer: shall pay for all sales., use, :value-added :and other :taxes, levies, duti.es and pe,i or license fees or other governmental charges, relafing to or MCUITed in connecfion with VESS,CO'S performance, hereund,er o,r impused. on, the manuf-,,,cture, storage, sale, tronsp,ortation„ import,. poi it deliverya use or W11s. itaption f the t'Autp,',,,,ent 'Despite the thregoing if VESSCO is required., due to Custom.ebs failure Or Othet,PASC,, any such pay:ments„ Customer shah immediately reimb,urse VESSCO therefor:, 5. Shi ,..ent and 0 Delivery, of the Equipment shall be ma e1 t', al compliance with the sched.ule set, forth in. VESSGO'S Proposal Unless Otherwise specified in VESSCO'S Proposal, VESSCO shall pack, crate, label and ship e Equipment in arcord.4,.ec with its customaiyo,e'f,ods,, Delivery of each item, of equip,,,,,tent included in. the Equi Hte,M, shall be: ,com, lete to tendta: of the laq,uipmetu to the carnet„ FOB, Shipping point, whereupon oti drisk ,of loss of the Equipt,,,,,en,t shall pass to CustiOnter,, Unless specified, ,otherwise in VESSCO'S Proposal, Customer shad be sobely responsible for unload:I:, g, storing, assembling and installing the, Equip, iient. 6:. Owners, ::', of Dal Ins„ All :, lanufacturing devices, dr:awi,n,gs, specific:ations, d.csigns,„ plans, comp„uter programs an,d other documents, infOrmation or: data prep:are,d hy VESSCO tcnonnection :with, its petafromance hereunder, ,and ill related. intellectual property righ,t,s,„ shall be VESS,CO'S prop,,erty, VESSCO hereby ,grants to Customer a non- exelusive, Hon -transferable: hc, ,se for Customer to use any s,uch infOrmatio for Customer's use„ inaintenance or repair of the ,Equipmerm, In no case shah Gusto CT provide such info_ ion to third parties without VESSCO'S prior written con,sent„ 7,n ,Cbansbis bit f: ark. No chtig,e ,,, he scope of the work set forth i,n VE LOS Proposal shall he implemented unles„s C simmer and VESSCO agree in a. witaii,os signed by both parties as to the nature °filh dtts price a ad sche,dule: 11 1 Sn. ,r oft,„"loistres. Notwithstandr.,g anything else herein, VESSCO 41Gusthmer waive all claims a.gainsat, e,ach othenr (and aged.: st cmch other's affiliates„ (sub:Icon' :actors, vendors,„ employees, ,ag ts and represent:rtives) for loss or: daima,gc to, any of 0,:eir respective property. 10V,,: TATO (a) VI (1 w.'..yo.ants to 0 er that the Equipertem illCOnforM to the s:pecifications or description ,ser forth in VESSGO'S Proposal and will be, nee from defects, in rkmanship for a period of twelv (1 2) months after installation or eight , n (1 8) months a,fter final shim:tient, whichever is shoder (the '10,1,::',r4111y Period"). The or :warranties are conditioned :upon Cust.orner's (.'" giving VESSCO notice of the defec,t within thirty (30) days a,fter Custorner discov or should have dis,covered such defect and, in, any eve, t :within, thirty (30) days after the end of the 'NW Peri.ed, and, (b) 'keeping a,dequ.ate records to establish it has operated. d, maintained, the Equip.. .ent 1 ccord ", ,ce with VESSCO'S imtnactions and has not 4 ten. any rep,„air or ,alteration of the Eq ipmcnt without VESSCO'S COnsent, mid (c) not. being in. d,efa.ult of any payment obligation to V ESSCO. The foregoing warranties shall not. :apply to normal wear d tear,„ deco, ,,,,position by chemical cti. n„ wear caused 'by the pre,sentse of abrasive :materials, or damages cau,sed iin sit or by misuse, neglect, accident, im:proper: installation„, negligence or abuse or by o.bnol 1conditions o:f temperature, moisture or dirt,1 WARRANTIES SET FORTH IN THIS SECTION ARE VESSGO'S SOLE AND EXCLUSIVE WA. 10, 11 Vi' (0 IVIAK,ES NO 01714E WARRANTIES OF .ANY KIND WHNTSOEVER, EXPRESS OR. L'',,,,,LED„ INCLUDING WI F10111" LLMITATION ANY WARRAN'IY OF NIERCHA.NIA,BILITY OR FITNE,SS PAR,TICLILAR PURPOSE OR WAH#.'.....:.1.1.LANTIES ARISING BY CUSTOM., TRADE USAGE, PRON,IISE„, EXAMPLE, OR DESCRIPTION, (h) Within a reit :enable peri . after 'receipt of timely n,oticc of a breach of the tbregoing worts:my, VESSCO shall,, at. its sole ,option, either j) repair or replace such ndefective Equipme:nt or (6) re:fiin.d the amount pnaid :for d,efective Equipment. (or issue a, credit thr arty such unpaid -,,:nount).. The 'fbregoing ,sh.all be (ustomer's sole reme,dy :for breach of warranty. If VE,SSCO determines ,y claimed, defect is n,ot: covered by the foreg,oing, wafironty„ Cu.stomer shall pay VESS:CO the. custorn,ary cha„rges of VESSCO then in effect :for may rep„ ir or replacement dhrVESSCO. 10. ebetrara,:es. Vilnhout. exception„ VESSCO will not 'be re,sponsible for any 0' ht unless a written request is snub:mined :to, and approved in writing by, VESSCO prior to work being per,forrited or any cost bein,g, incurred,. An,y: such requ,,est ,st be sub,mined at least three (3,) working days before such approval is req 're, to pe: it. VESS:CO to cond ct a site :visit or snuch other investigation as it may d,c,' approprime. 11. I don: (a) VESSCO shall release, hold hati..,i)c,ss„ indemnify: and def.end C ,stome,r from and a,gainst any liability, cl int or cause of agtiOn Moored by Customier as a , sat of third p,orty claims for pc,rsonal injury or dama.ge to tangible property, if caused solely 'by the neglig,enee of lVESSCO or :y of its ern loyees„ subcontractors, or: suppliers in, dm perfemiance of VESSCO'S obli,gations hereunder. (b) VESSCO shall lime, hold harmless., indemnify and defend Customer from and against all judg.:. ents,„ decrees, and reasonable costs :resulting 'from paratus clone ,of US.. patents issued at, the time of this offer, prnvided such infiang,ement is has, ,d ,exctusively on products designed andmanufactoted by V 10 Ittsabsf,rtion of su,ch obligation, VESSCO may, 11ts ,option d.oexpense„ (1) modify or replace: ail of the infringing part: of the EqMpmem so that it: is no longer int -begins, (ii) proc, m for :the Customer Me 'triglat to continue us:ing the "Equipmem:ti, or (idi) remove the Equiptnem and rebind the purchase, price to the Cu.st,onaer.: (c) Custo,,, ,er shall release., hold Ire ,,,,lessn„ tacit m,rlify and defend. VESSCO :frern and ,against :any liahility„ claim or cause of' action relating, to (1) the ,desia, of the: Eqtripment or any con, ers in, which, it is shipped., to the extent made pursuant, to Custer uer's: d,esign or s:pecifications, (1i) the environmental arid other conditions of Customer's p,r:emises„ or (iii) Customer's negligence or br ,,ach of its obligations hereimdcr, (d) Any far indesitoifictiion under' this, Sn,ection 1 I shall be subject to the following,: (i) chna.rn there:for : ust :rn,ade within thirty (30) days afte:r the end of the Vibin,::::,",,nty 'Period; (11) the claimant must provid.e reasorrable cooperation in the defe,nse therco:ft, and (an) Me Md,etrinibying party shall have sole a: thoriby fOT die direction of the defen,se th,e, n gotiation of ,any cotopromise or sonic:mem.; provided that dr , ,„ ant . ay monitor such throug,h cotmsel of its choice at its own expen.se,„ The revisions o:f this Section 1 1 shall survive termination. of this igree,,,,,,,,tent Force tire, A "Force MajeUre Ev,ent" shitt ineveirt, condibon ,o,r circum„sto,nce winch 1,s beyond V ESSC(1'S reasonable control, including, without It:: 'lotion, acts of God, c ualtiens, eoidemics„ civil disrar:b: tces, nuts,. 'sabotage, accid,ents„ thefts., ch.anges law or other acts of governmental : orifies, strike,s„ or other labor shortages or ibitices„ unavailability or exe,essive cost of materials, discovery" of any concealed or unknown physical condition or mbstance at Customer's 'facility or acts or omissions, of Cmtomer or: its employees„ (sub)contromers„ or oth,er persons for whom Custom ir may be liable. VESSCO shall be entitled to a s,chedule e,djustment upon die occu :ems: of Fore „n Majeure Event VESSCO shall be entitled to a purchase mice a,djusfinent, upon tile occurrence of a Toree 'Majeure Even,t only if its direct costs are increased, as a, result of such, Force Moje Event, and, VBSCO is able to document such in„cre Page 83 of 356 Vessco Scope o.f. Supply Page 3 of 4 t.3. ut:,, li",fesol,!„.„.„.000.. VESS,C10 aith (litstaanier shl 1 ttegotta,te in„good, faith to restalve any dispute!' telatitig hereto, Failing siticht effents„ the dispute s,11„a,11 he !fin,ally settledby! bindlag ariiitration in, „Mhuitemita pursuant. tio! Me Cotrimercial ,,Arlaitration. to of the „Ameriea.n. Arbi.mation A...ssiociation.„ 'T„he arbitration panet. shall consi.st of th,ree i!„..diyiduals experi,eneed i.n 'the di„seipl rue 'that i.s the st,ibjeet. of" the dbute and. shall be Jointly selected by VESS1„:(1 and Customer, If the pubes a„re unable to agree upon. the all:Ma-atom wit.hin twenty („2„11) days, then each patty s,hall select, one arbitrator and those arbitrators shall select a ti rd (trhitrator. The decision of a maiming !of the arbitrat,ors shall be th decision of the pt to „Ittd,guagnt ito ty to ciliated. tition the arbitrators' der ishati in any court oleotapetern P,IliSdiCtiOIL lite prevailing pally in any arhittatilort shall be reirribursed by the other party for all costs„ expenses and charges„ ittcludi,rig without limitation reasonable attorneysAbes, Mooned by the prevailing h!arty ill connee!tiori with the airibitratlion, 1 4, Clltechal 'feet:as „ Nilachinent 1 11 10 s,peciall rerthis.„ if arty:, whiell are !hereby inorporat ed, into this ,agreement, 1.5, Coe fide .'„tiol.....Treattnent„.0,11 jarior'.. Atli' if LI , ,,, A.11 information e!otitained in VESSCOS Proposal regardin.g the Ellatiptnern,„ process d.esign and tile price thereof is submitted,. without cost to Custiarner but wil„11 the tradersumding !that such information is for the state use of Cilstomer •a„rid th.at Csis!torner will trial disclose it to ,anyone outs,ide its ,e,svn organization and wild USC its best eltbras tvi see that no one to iivhom. satcli infant ation is so disclosed sha.1.1 disclose the same to amihrite outside illust,orner's, organizataon„ 16, (,,',4..tteelliatiatirt„ Iti the eicent of cancellation, Ctistorner shall comptaisate VESSCO on. a percentage !completiort basis for all Work perframett .1.41 th the dare of cancellation, unless can.cell,a,tion is due to default by VE00!1.'„0.. s..„ 1 7,, „f„,:istitatiori. of ,1,...a,abi,li,' 1,,,a) 1'siletwith,strandi.rig a,..nytlitin,t„i„ to the contrary 11,erein,„ the a.ggregate na.bility Of VESSCO„ in.clttding without limitation for or with. respect to VESSCO'S af !Mates, contractors,„ stippliets„ ernployees„„ agents or representafives, artsirtg (rut of or in connectiort with this, ,agrectrientor tile sale or us,e iif the Equiptitent, iticluding without lit,..,:itation claims for indemnification„ and whether ba.sed on. contract.„ stri.ct. liability„ negligence or other tha...„ pollution., di„sease or otherwise., shall not es,c,,ced an arneuint cdrial to die !eontract amount hetwCCT1 (.711storner and, VESSCO„ lb) Notwithstandirig anything to the contrary herein, in no event shall S1. 1) be liable for !ci,100e011lenti.a,1„ inoiderna.l.„ inglireet, special., c!xiernplary or punitive dama.ges of a„.„ y k.ind„ !including without limitatihn. for Itis,s of prolits„ reventies or product, or loss of use of iny property (wiaether by shutdown, operation a.t les,s, than c„apacity or htherwaseg, regardless of whether any of the fiaregoing damages artse directly or imirechly through .a„,', indernnificati,on or contributi on obligation zmd. whether arisiziug out crihreach, !of contract cir Warranty, ilt 'in., ,produet liability, strict liability ,or (illy other lega„I theory„ 1.8„ :Nia:tice.„ ,A,11, notices required hereunder shall he lit writing a,,nd• shall 1,rie deern.ed properly serived if delivered. M. person. or if sent hy registered, or cellified mail„ with postage I prepaid and return receipt reepaested,„ to the !following addresses, lf to VESSCO: 8,11 '7 1,..fril.and Chrele.„ Chartha.ssen„ ,NliN 1031:7; f 111 Custom,ei-,, .. ,, ,,,, „, ., . , . , , „ ,„ .. „ . . . . . , , • . ., .. „.. „ . • , . , .,„, „ • „ , •,.., ., .., „All notices shah he d.eemed re„ecived, (art th,e date of d,elbvety or att.ernptcd. !delivery, if delivered in person., or i!f in,a,iled,,, ott the,' date 10 It is two, 1 2,) da,ys (titer t,,n,e date 0111. notice Is ,deposited in !the mall „. 1 9„ 5i...Nerabilif..„.„ In ease any provision hereof is hp:hi to be invalid., illegal or unenforecable„ (a) such. provision sliall be limited or exclud,„ed only to the ,extent necessary 1,..o itiva,ke it .....„.„...„!„,„,,..........„...„......,„.„.„,„,„„....„.„.„„„.....„,„„.„1. O alid,„ legal !and, .enforeeable, arid (b), tile! valitlity„ legidity rind enforceability of thc! remaining provisions shall 0111 lac ,affccte(L 2.11... ci(erterst,Provisions,„ 1.11,e a„greetnent !contained herein inay !not he cancelled or! amended. except by maltua.1 written a.gre,emera of VIESSCO a„rad. Chas,torrter„ No course of d.ealin,g„ or failure to strictly enfiarce way t0rns. shilll be ,con.strued ,as as waiver thereof \Waiver of any term shall riot constitute a 'Waiver of asy other tabu or aseontintrin..g 0a1v,1.17.„ This agreement shah. be bin!ding on th,e patties,' res,pective successors, and a,ssigns; provided. t.h,at, Customer ,may not a.ssigh.„ delegate or permit any other transfer ,of this, agreement 1' 11111 '1 001 prior 001 101 consent, 'Ibisagreemciat shall be ,govented by inid ,c,oristriled in a.ccortialace with, the '„laws of the State of isdirinesata, without regard to its, conflict of laws pnivis,lons„ Th.is a„greemont„ including .Attachtmeni, 1, rcpres,etats tim entire a.grecinent between the parties with respect to th,e subject ni.a,rier hereof. and superccdes all previous ora.1 and writte,nnegotiatioris., representatioris, agrecinents or other comnahnicatirmis„ Page 84 of 356 Vessco Scope of S Page 4 of 4 pply SERVICE Vessco has available field installation, start-up, and general service as well as operation and mainte ance traii,ing from experienced personnel at the rates listed below. FIELD SERVICE C ,IARGES D,.Hlars) UNITED STATES & CA ADA HOURLY SERVICE RATES: F1RS1' 8 HO RS 01,,IE 8 HO"URS SATURDA,Y OVER 1URS EXP 9.NSE CHARGES: FIE ERVICE 105.00 $ 130.00 170.00 00.00 00.00 NSPOR AT1ON y 1�e, Cab, Train ental Car Co parHCar/Mileage LIVING EXPENSE SHO Actual ± 15V Actual + 15% 60/mile 00.00 Hotel Meals USTENA,NCE „AL„' OWANCE MATE IAL A D EQUI ENT Materials purchased and used on job F INI r in lant service Saturdays, S CrIARGES: nday-Friday ndays and Floli January 2013 ays Actual + 15% S 60.00/ ay Act al Cost + 15°/' 4 Hours at Nymal Rate., Plus Travel/Ex 4 ours at Applicable Rate Plus ravel/Ex 'lenses enses Page 85 of 356 arefotiCon f'OF 1412, PRODUCT SPECIFICATIONS l')111,4 kp 9 Standard EPDM Maerial Property Tests Hardness Shore A (ASTM D2240) Specific Gravity,. (ASTM D792), TensiH Stre (ASTM 1:1412) Tensile rillodulus. @100% &onga ion, (AST I 041)) It' tz, I c„ Available for tube, disc, and panel diffusers Temperature r sistance up to 240°F (115 °C) Chemical resistance for municipal and most industrial applications PTFE coating technology avaital le fo specialized applications uv otection incorporated in the co Low dynamic wet pressure Low oil constructio for No inorganic fillers for en 0 ound brane stability aximum performance High concentration of polymers for superior service joi)4,1,44f,ivihi 1$( Results ( English $ is() Metric 55 +/- 5 1.20 <1.20 1300 psi >90 MPa 50 psi > 1.03 MPa Tensile Modulus, 300% relorigatio (ASTM 0412) > 425 psi > 2.93 'MPa Ultimate Elongation (ASTM 1)412) > 400% > 400% Tear Strength, Die T, (ASTM 0624) > 35 lb/n > 6.1 k, ]7m Surface Ozone Cracking Resistance @SO ppm (ASIM D471) Non Cracking Non Cracking Low Temperature Extractabie Oil Content l'(/) 1,1'141',9k4iW (ASM 02137) Non Brittle Non Brittle ' r " Results (Tube) English Metric 58 +7-5 120 < 1.20, >1150 psi > 7.9 MPa 22L psi > 1.55 MPa > 550 psi > 179 MPa >400% >400% >40 lbflin 7 kNim Non Cracking Non Cracking Non Brittle Non Brittle 5 +7- 5 15% < 15%, < 25% MAT f( 10 JETIVIElltt f t www. E n vronmentaiDynamcs.com or wyvw i/vastewater com 25% ireNato Page 86 of 356 111 dPI 11 ° ',11ePO$, Installatt i n (ii e atio Diffuser Express is a.. Division. of Environ "ental Inte 5601 Paris R.oad, Colum Missouri 652.02, 1-800-683-6099 E-maiL EDIgwastewater,com Page 87 of 356 nstanation lnst uctions o Tubular Memb anes 1 Remove existing cia • s and membrane. Clean membrane supeort tube to ensure that no debris remains ,1 the airway. Loose debris rat block the membrane slits, this will asversely effecting the system pressure and Hoxygen transfer efficiency. Gently install new membrane on support tube. embranes shorter t an the support tube must be aligned with the inlet end of the support tube. Do not stretch the embrane to cover the support, tube. Ode t the non -pal orated portion of the membrane to cover the air outlets. This will ensure that the, check valve feature of the diffuser will operate,. Install membrane clamps. Note: If ria ps are provked by Diffuser Express the, .tollowng instructions should be followed. SS crimping of ps be compressed with altside edge of the CHP located 1/4" from the, e of the membrane an* ear of clamp placed, on top of unit. Use crim,I,oing tool to install stepless ear rlaml;os. (Reference F[gures 1 a d '',1111i',111,;1111,111,111 Figure 1 Page 1 of 3 Figure 2 Page 88 of 356 0 ation instructions for bular Membranes The tubular membrane requires very lithe maintenance for 1 i. term operation The airflow should be kept within the ranges detailed in the original equipment 10 to mai tain the structural and operating characteristics of the errroorane. Continuous oplication of high airflows, greater than denoted for not al operation may result in physical damage to tbran Maximu airflows should not be exceeded. Hig er airflows can increase system operating pressure. Excessive airflow rates may shorten the life of the me Hbrane. Note: Use caution when a justing several lateral throttling valves in the same piping system. This procedure can result in elevated airflows in sectio s of the basin exceeding the maximum allowable airflow to each me brane. in enance In for Tube Diffuse Me branes The oiffuser membranes should be protected ro etroleum products, le; mineral it and aromatic hydrocarbons. 2. e prevent clogging of the diffuser membrane, the blower system should be equipped with paper inlet filters havint a pe Hermance efficiency of 99.5% removal of 2 'ic:ron particles. It is recomi Hended to inspect tube every 12 to 18 months. e br nes on a regular basis, generally 4. As a res 1tof p,iologicl and/or inorganic materials building up on the membrane urace), pressure build-up and/or increased headless may :Ile ex4oerienced ever a long period of operation. To restore membrane performance, one, or both of the following may be required: Page 2 of 3 Page 89 of 356 Insitu Cleanin of Memb ane Typically memorane diffuser units will require, cleaning because of two common types of surface build-up; biological and inHorganic scaling. The recommended cleianing procedure, for both types of build-up are detailed below. Biological build-up is characterized oy a moss like growth. The recommended cleaning procedure is to physically dislodge the growth either through gently brushing the substance off or using low or hig pressure h sing. The hosing method is effective in removing isose su lace deposits, on the diffuser membrane. Mah lltain minimum air rate to the diffuser during osing aeration, The lengt of time required to remove deposits is dependent on the type of surface foulant, water press re, distance from unit, etc. Typically, 5 to 1 seconds is required ,or u it. .2, Inorganic s,caling is characterized by a owanular mineral precipitate that can form In the membrane surface. If 'or'rushing and hosing the iffuser membrane does, not remove the scaling contact .D1 for further instructions. Re 111 cin Diffuser Nile branes Refere ce above installation instructions, Pro, erly operated and maintained, the RexAir Tube Diffuser membranes will provide, years, of high efficiency treatment with minimum operator attention. Questions regarding FlexAir system operation, maintenance" etc—should loe forwarded to the Erroineering Department Environmental Dynamics International, 5601 Paris Road, Colu bia,„1,Aiss,ourli 65202. 15773) 474-9456 Page 3 of 3 Page 90 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Brecke Mechanical Contractors of Dubuque, Iowa, in an amount not to exceed $17,799.48, to provide cleaning services, for a period of twelve (12) months for the Methane/Natural Gas Boilers, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department Waste M an age l m en:t Clerk Office ATTACHMENTS: Description o Memo to Wa er CI 13reek e SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Reviewer bow,.an, brian eArm. ayo r an lmi y )1n I Action Approved proved Approved. Type Cover :3a,kup Mf atria Date 7/9/2 7/ O/201( 11 2:06 PM Resolution approving a Professional Services Agreement with Brecke Mechanical Contractors of Dubuque, Iowa, in an amount not to exceed $17,799.48, to provide cleaning services for a period of twelve (12) months for the Methane/Natural Gas Boilers, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor approve contract with Brecke Mechanical Contractors $17,799.48 sewer funds Page 91 of 356 11J1JJJJJJIJJ1Jlr CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 July 9, 2019 Memo to Waterloo Mayor and City Council: RE Agreement to Clean Boilers .Project: Scheduled Cleaning of Methane Boilers. Backround Discussion Waste Management Services currenly has 3 Methane /Natuaral Gas Boilers that heat the Anaerobic Digester System. At present when boilers need cleaned we individually schedule with Brecke Mehanical to perform at a cost of $1,750. 43. Feedback from Brecke Mechanical indicates that cleaning of the Methane Boilers should be more frequent and on a scheduled basis. A quote has provided that will insure each booiler is cleaned at a frequency of 4 times/year at a cost of $1,483.29 this cleaning schedule will increase longevity of Boiler Plates and increase efficiency of Methante Boilers. Recommended Action Recommended to approve 12 month contract with Brecke Mechanical Contractors of Cedar Rapids, IA in the amount $17,799.48 yearly. Page 92 of 356 F Avenue tilW Cedar Rapde„ Icyvva 52405, lUnited States 3.1.93 396-7'055 ,office. (8(0)72(-7055 titin (319) 396-9390 Fax 'infb@breckeic vvvivvbeck( ddiin February 19, 219 MECHANICAL CONTRACT )Afaterloo Waste Manag,e, lent Services Attn: Brion Bowman 3,505 Easton Avenue '',Alateroo, IA 50702 RE: Yearly contract for boiler tube cleaning RS We are pleased to present the following proposal to of er a 12 -month contract for quarterly cleaning of boiler tubes on each of your 3 boilers,. Work to include: rush and Soot -O -Matic vacuum tubes in one boiler Cost of $1,483.29 per visit Each boiler to be cleaned 4 times yearly 12 cleanings included in this proposal • Quarterly cleanings to be coordinated with plant operations 24-hour in advance • Quarterly cleaning of each boiler to be scheduled in consecutive days (example: Mon, Tues, Wed) •12month cant act to be fro 4/1/19 through 4/1/20 11 lt 2,0 . Con 1°1614 To al 1 -year cost - 17,799.48 (Seventeen ihousana Seven Hundred Ninety -Nine Dollars & 48/00) pl s applicable fax We thank you for the opportunity to present this proposal. If you have any questions or should require additional information„ please feel free to contact our office. AUTHORIZED SIGNATURE: Prrces quoted herein are firm prices provilied this proposal is accepted Willa) 3° cic-.1ys from the date of lhis 131 1(1 130103 0ac:cer)eAd otter this date ls subject to adjustment at the option of either party 313r*ct materials (pre not used within 11 days of receipt we will invoice the cost of materials prior to Use„ Materials will be stored at custorner site lt site cordtions do not allr.)w (1 (3 we reserve the, right to invoice any storage cost. Prices do, rupt inc hide any shJte taxes vvhere applicable. ACCEPTANCE OF PROPOSAL - THE ABOVE PRICES, ,SCOPE OF WORK AND 'WARRANTYPOLICY ARE ACCEPTED AND 8.(3. RECKE, INC. IS ,AUTHORIZED TO PERFORM 'THE OUTLINED SCOPE OF WORK. PAYMENT TERMS ARE NET 30 DAYS. B.G. BRECKE„ INC. RESERVES 'THE RIGHT TO TAKE ALE ,ACTIONS NECESSARY TO PROTECT IT'S INTEREST IN THE EVENT OF ACCOUNT DEL.INQUENCY ATE OF ,ACCEPTANCE SIGNATURE: NAME PURCHASE ORDER NU ER TITLE THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION AND IS INTENDED, ONLY FOR T, 'E COMPANY NAMES: ANY USE„ COPYING OR DISCLOSURE OE INFORMATIO OUTSIDE OF T IE NAMED COMPANY IS STRICTLY PROHIBITED. HIVAC Building Automation Systems Commercial Refrigeration Food Service Equipment Heating - Hydronic and Steam System Specialists ;oiler Repair and Replacement Pre -Fabrication Pipe Fitting / Process Piping / Welding / Fabrication Authorized "PP' and Stamp Holder Industrial Millwright Services Plumbing Excavation - Water Service and Sewer installation, Repairs and Replacement Vilater Treatment - Cooling Towers, :oilers and Water Softeners Design Build Projects for Mechanical Systems PD3D /CAD / E gineered Drawings Consulting / IProject Management Maintenance Contracts Available Provide 24 Hour Service, 7 Days a Week Page 93 of 356 CITY OF WATERLOO Council Communication Resolution awarding bid to Shaw Electric, Inc., of Waterloo, Iowa, in the amount of $9,230.72, and approving the contract, bonds and certificate of insurance, in conjunction with improvements to the Airline Passenger Terminal Building Ceiling Lighting Replacement Project - Phase I, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 7/15/2019 Prepared: 7/2/2019 REVIEWERS: Department A i rp:port Reviewer Action Date 1 vem y IdeAnn Appi ovcd. 7/ 14)/' 1 PM ATTACHMENTS: Description Type 07 02 2019 C .:; vex .wetter and. B ki Tat lation or Cov ,,,, SUBJECT: Resolution awarding bid to Shaw Electric, Inc., of Waterloo, Iowa, in the amount of $9,230.72, and approving the contract, bonds and certificate of insurance, in conjunction with improvements to the Airline Passenger Terminal Building Ceiling Lighting Replacement Project - Phase I, and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Approve the Notice of Award as recommended by Airport Staff. This project and the funds for this project, are to be used to allow the airport staff to be a bit greener using next generation technology to help us reduce our electrical footprint - while also saving the Airport Dept. and the City - and the City residents - operating funds for the airport department for a building that has lights operational approximately 18+ hours a day. This project, the first of multiple phases to eventually complete the entire passenger terminal complex, will cost $9,230.72. Source of the funds, will be derived from the Iowa DOT and Office of Aviation Grant 9 -I -190 -ALO -200, and will be at 100%. There is no match requirement by the City of Waterloo - nor the Airport Department. This project complies with the City of Waterloo's Strategic Plan, as follows: Page 94 of 356 Policy Issue: 1. Goal No: 3 and Strategy No: 3.1, 3.3, 3.4, 3.5 and 3.7. 2. Goal No: 4 and Strategy No: 4.5 . Alternative: Background Information: Legal Descriptions: No alternatives were selected for this project. This project, begins the first phase of a multiple phase project to eventually replace all of the flo ure s c ent ceiling light fixtures, in all areas of the airline passenger terminal building. I believe this will also be the first step (phase) to allow us to continue the reduction of electrical utilities for the terminal building -thereby allowing the airport department to reduce our monthly and annual operating costs to the City and our City residents. Not applicable for this request by Staff. Page 95 of 356 mi th COM July 2, 2019 Mr. Keith Kaspari Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 AECOM 515 323 7919 tel 500 SW 7th Street 515 244 4803 fax Suite 301 Des Moines, Iowa 50309 www.aecom.corn SUBJECT: Terminal Building LED Lighting, Terminal Improvements 2019 CSVI Program Waterloo Regional Airport Waterloo, Iowa CSVI Project No. 91190AL0200 AECOM ID No. 60600098 Dear Mr. Kaspari: We have reviewed the bids received by the City of Waterloo on June 27, 2019, for the above- mentioned project. A copy of the bid tabulation is attached. Four (4) bids were received. Shaw Electric, Inc. of Waterloo, Iowa, submitted the low bid in the amount of $9,230.72. Both Shaw Electric and Ted Electric were found to have minor discrepancies of less than $1.00 each due to rounding in their extended total amounts. These discrepancies have no bearing on the outcome of the bid, however. We recommend award of the above-mentioned contract to Shaw Electric, Inc., in the amount of $9,230.72, If you have any questions or require additional information, please feel free to contact our office at your convenience. Yours sJrfcerely, avid B. Hughes, P.E. Enclosure: As noted cc: Mr. Shane Wright, IDOT (w/enclosures) Mr. Doug Schindel, AECOM (w/enclosures) P160600098 ALO 2019 Vert Infrastructure1,300_Communicationsl310_ChentlKK070219 Itr doc Page 96 of 356 H z W w W Q ©a H � W a z NDED TOTAL Z W V a z W 14 cf m W Q CC = U Q N W E2 a Z w z z w z z DESCRIPTION °z N 0 2 z r.4 ILO DENOTE DISCREPANCIES IN T Page 97 of 356 CITY OF WATERLOO Council Communication Resolution authorizing the City Clerk to certify against certain parcels unpaid weed mowing, snow removal and property clean-ups. City Council Meeting: 7/15/2019 Prepared: 7/7/2019 REVIEWERS: Department Reviewer Action Coc, ven, 1.:. (A m.Approved ATTACHMENTS: Description Type Assessments Cover Me ,�mo SUBJECT: Submitted by: Recommended Action: Date 7/1 0/20 PM Resolution authorizing the City Clerk to certify against certain parcels for unpaid weed mowing, snow removal and property clean-ups. Submitted By: David R. Zellhoefer, City Attorney Requesting Council approval to certify unpaid invoices of weed mowing, snow removal and property clean-ups to the property owner's taxes through Black Hawk County for payment. They are invoices dated, December 2017 through January 2019 in the approximate amount of $48,884.59 Page 98 of 356 0,E,7 :Tr C" )711 .I10" .1=111 '14 lUESE Ler: 15,1 11=, ,c07. rre e',13 11,:p r•00) 311'1 Lmr: rr rru 000.01M FIP"P!, 0!) 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ILL 111. 1171, Le4„, CO :1111-d,11„ /71 1/20, 1111,11 Lt, 41,4 N4' tea, LCI 7„»00,7 4,01 Page 116 of 356 CITY OF WATERLOO Council Communication Resolution approving Right -of -Way License Agreement with Arvig Enterprises, Inc., of Perham, Minnesota, allowing the use of city right-of-way for a communication system, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department Reviewer Action Date i;n gineermn . Knutson., Jai .ie Approve 7/10/ 01 8AL AM Clerk O ffice 1 ve1r1y 1 cAnn Approved SUBJECT: 7/10/2019 ,,,, 12:37 PM Resolution approving Right -of -Way License Agreement with Arvig Enterprises, Inc., of Perham, Minnesota, allowing the use of city right-of- way for a communication system, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Dennis Gentz, PE, Assistant City Engineer Summary Statement: Page 117 of 356 CITY OF WATERLOO Council Communication Resolution approving request by Sam S ummerhays , on behalf of the Waterloo Alano Society, to pave the parking area at 613 W. 5th Street for beautification and drainage purposes. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department Reviewer Action Date w v 1,, m in emrin i .nutsomr. J , .mie Approved 7/1 ( 8742 ClIerk Office If venf..,cAn.n Approve 7/10/20 12:18 PM ATTACHMENTS: Description 613 W 5th t� o •r ave am ka rmm 613 W 5th.. St map SUBJECT: Submitted by: Background Information: Type Cover .. no Cover Memo Resolution approving request by Sam Summerhays, on behalf of the Waterloo Alano Society, to pave the parking area at 613 W. 5th Street for beautification and drainage purposes . Submitted By: Wayne Castle, PLS, PE, Associate Engineer Attached is their plan and an image from Google Maps of the property. They have issues with water seeping into building. Plan is to eliminate the first step by sloping the sidewalk from the ends of the building to a landing at the height of the first step and then sloping the pavement from the sidewalk down to the curb. They have issues with maintaining the grass along the alley due to plowing and water ponding in the parking on both ends. This paving request would not be uncommon for the block. There is an old commercial building two doors south (625 West 5th Street) that has paved parking (though the pavement is the roof of a vault). Across the street from that building is Sacred Heart School which has paved parking in front of the building on both 5th and Randolph Streets. 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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II 11111 111111111111111111111 (IIIIIIIIIIIIIIIIIII 1111 11,00111111 1111 a II ul1111101111111111!14u1 u11'Iu, lu uuu„ 11 11 01,11,111111,11, 11111 111 111111111 uuuuuuuuu1111111111111111111111111111111111111 IIIIIIIIIIIIIIIIII ilk IIIIIII IIII I III u 111 �IW 111110� IIIIIII I mMuuuuuuulWl IIIIIIIIIIIIII 1 uuuu 1 uuulll 111, VI N Nr,vvI Imumlb W 1111 IIIIII m llilliiil 11m m luuuuuuu uuu um NAu uµi uVuu ul a uuu I�IVV i 1 IIIIIIIII IIIIIIIIIuVVIVuuI'I"Mum �ilollllllllllluuuuuuomumltllllll�lllllV IIII,�IIIIIIIIIIIIIIIII�IIgNp�mmIIWIpIII�IMllplplllll IIII IIII I I ' II I°miliil� la uul IIIIII�IIlllllMmuumulnnllVlllllllwppmpllll�llllll�llll a„°;uIIIIIIIIIIIIIIIIIIIIVuVlllllllmllllllpl''1 1 IIIIIIN IIINIVuI'Illu um VVVIVN'�III�I�I���llllllllllullll Wou111111jo 1mI l 1l a uuuum uuuuuuVuuuuuVuuuVuuuVuuullullluuVlluu11111111IIIIIIIIIIIIlldIIIIIIIIiiilli,0101Ii ililll111111111111111q 110 1 age 120 of 35 CITY OF WATERLOO Council Communication Resolution approving the project designs of a home to be built by Hawkeye Community College in the 200 block of Newell Street, at a budget not to exceed $137,500. City Council Meeting: 7/15/2019 Prepared: 7/13/2018 REVIEWERS: Department Reviewer II � �' 4 .Zn d "YR, l� A anni g,Y . "II"�ol:..».f. , i'(..(�h. e, _ ,.. s. y Action D ate A pprove(. 7/1 1 /2( a:1 ,,, P ATTACHMENTS: Description Type ,me D esign n B ac cM aia1 SUBJECT: Resolution approving the project designs of a home to be built by Hawkeye Community College in the 200 block of Newell Street, at a budget not to exceed $137,500. Submitted b Submitted By: Noel Anderson, Community Planning & Development y Director Recommended Action: Adopt resolution The previously approved 28 Agreement and Addendum paperwork note that the City will sell the lots on Newell, and then: "Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not -to -exceed budget Summary Statement: for the Project." This action will approve the designs (attached) at a project budget not to exceed $137,500. Expenditure Required: $137,500 S ource of Funds : Nuisance Bonds Policy Issue: Infill Development Alternative: Not approve, which will have the City continuing to accumulate lots and costs for maintenance, with no actions to bring forth new infill development The City of Waterloo has been actively working to eliminate nuis anc e properties, blight, and empty and abandoned houses within the community. As a result, the City has over 100 vacant lots in its ownership. Hawkeye Community College has a growing curriculum of construction classes to help train a new work force for the construction industry in all fields from carpentry, plumbing, electrical, etc . Page 121 of 356 Background Information: Put one plus one together, and they are ready to build homes in the Waterloo community. This partnership will help to train a workforce, that helps existing businesses find employees, and will help for infill development, elimination of city exp end iture s upon sale of the lots, and overall new revitalization into older neighborhoods. The cost of $137,500 into an older neighborhood may find the City only breaking even, or potentially taking a loss on the sale of the homes. We will see. Hopefully, as the program continues, we will be able to improve marketability of the infill housing, and bring a profit to the program. As a new program, we will have to see what we can do, what we may need to change, to keep it moving ahead positively for the Waterloo community. Legal Descriptions: MANS ONS SECOND ADDITION LOT 13 BLK 1 Page 122 of 356 N`dld 1:1001:1 1N3 8 /3 :3Jdd 456'tbz aunt `AepseupeM : Iva IID IY = ii7/1. :TWOS NMVE❑ :xdJ :3NOHd asnoH TS II8MN GLO -FQLOG V1 001a9 e f SIOS x09 0c1 peoN sDue.+p }sea LOGI AQSci pue uof0na4suoalgeuiewgns Nn IA1VJO3 AMMVH W 05 IW 0 f SV 4 ,,0-,1 „tit :31VOS L491 c:=1 lusLuseeGi „11-,S1 N 4 pv a a � • v o° a . 4 r „S-,11 17# (TRH L 1 HIVH 411 L „OV I` a v A A °o n p v A 4 AsA ?:1-911,111 "IdDINVHDgIAi aAaav 35vi+Q i-fLIM 14 JL 9 NQJ �iv1hL31 .snort aiortln 0 yyyq-TENV I V d4QJr✓� 1.7 I 4 V Q — D � � 11��1 11 -,L r 1 L E# 1 J L — — - - v p p e a r � ° F7 d Q 'ATE ,S Lt+ 91.09 C3ddOJQ ” p o _ v o 1 • 4` -•pe -a - a4- _ D _ _ a _ � A 1 °a ort - a " 1 p a C 4 s 74 n a � „G-IoS 0 Page 123 of 356 Ned a001A Nid g / :3Jdd LAIR 1^0Z `Og eunr `AepsaupeM :a1vCG X-. 1 l• W.... 11 Y I I- : gi V 3 S .Leta is / >f&v-to -ins NMS ❑ :xvd :3NOHd asnoH IlannaN 3931100, , : INflLAf16J00 5L0 -170L45 ' 1 00I-16}pm SIDS XOG1 Qct peoN eDueip ma 1041 ueleac pup uollon.n.suoajgpuje sng AIMVH tI� til II� I9 / / II0-II = [1-17/f X31 Y OG OO- NI1 CEISIVN NI 5VNI1I,6 I1 ' Ii / / „;101-,i9 .Z",S x s t y I Z # QHS / a T#OEEE w L „L-, Z1 ISN II`" I9l J'\[OOI A1I1NV1 1,37 W� o� NIH3ID{ — 511 05 QeddoNa 1 / „0 -,OS 11°-117 x uX"iE N X 4D 0 w li 1 Page 124 of 356 S'8 N NOIl`dA313 8/17 :AVM 81"O `OZ eunr `A PsauPOM :j±va tD-= 1191.10 : 1VOS Thia›DINJ.s / > w -i: :A8 NMVI❑ :xvd :3NOHd asnoH S IIOM8N 39.3170:-.) AIINIVIV100 sae -tows 'l 001a9We111 5108 X09 od peoN a ueap }seS loel uelsaa pue uoilvt-u}suoalgeule sns A)IMVH „0-11 = „911S '2771S Jeaei uolWAala „0-J = ,I91/ =31'v`OS 1.L4OJI uoIWAala Page 125 of 356 N01103S IIVM AA 8 add 8I -OZ aunt `I[epseupeM RBIVG EILJ I = " `3IVOS :As NMt1 :xvd :3NOHd asnoH TS IlannaN 3931100. All i N Vj O3 S1OS-17OLOS i 001JaWm 5108 xas oc� pPoN aeuEnio 1 1oSI ueleaQ pup uvllvn.ivsuoo a1geulplenS Ai)IMVH nQ-,l = „ZII '21VOS3 MOLL �vm �oi�alxa D n 6 e � o a o Q Page 126 of 356 81-03 `03 aunr `i[epseupeM :Jld❑ paloN Sd : 1VOS :A8 NMV JG :3NOHd asnoH 1S IleMeN 3937100 AliNntiliAloo SIOS-i7OLO' 001,01•efn GIDS xoia Dc:I peoN aeueap lees 1451 uB1eap pue uollon.4 auoalgeuIevsn9 A)IMVH Page 127 of 356 318 M NOIlt1/��� 8 A rJdd 8 LOZ 'OZ eunr `I[epseupeM :31V0 IIV I F = n9 F! C :81VOS iNa)f iNis / ).1&71 :A8 NMVUG :xvd :3NOHd asnoH 1S IIOMON g037100 AIINNAINCO SIOe-1OLOe 0o1,19wm sloe X09 Oct peoN aeueup Ilea L OGI ue! ssa pue Lionn..n.suo s I qeu I evsng AMMVH IIv-I+ = II43I/L :3T OS uoilenal3 ilO r` It9l/S =a- • oS 1,191 U0119A9la Page 128 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $15,000, in conjunction with architectural/design services for the Five Sullivan Brothers C o nventio n C enter Penthouse Roof Replacement Project, and authorize the Mayor to execute said document. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department P a n ir1 g & Clerk Office ATTACHMENTS: Description D + enthousc i a.:: f A. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Anderson, Noel Even, .1. Action Approve Approved Type Cover Me Date 7/10/'.01 ,,, 12:16 PM 7/10/201( 12:21 P M. Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $15,000, in conjunction with architectural/design services for the Five Sullivan Brothers C o nventio n Center Penthouse Roof Replacement Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval See attached agreement for Scope of Services $15,000 Building Maintenance Page 129 of 356 Init. AIADocument Bl TM 2017 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Sixteenth day ofJuly 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 ii, mation) 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, add es and othei mnjo, mation) I & 5 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) 5 Sullivan Brothers Convention Center Penthouse Roof Replacement The Owner and Architect agree as follows. OWNER 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 modificatio AIA Document 8101T1' 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights ri,s rved. IdliARNING: This AlA Dor nt is prat clodCopyright L nd motional Tr ti s„ Un (uthoriz d r production or distribution of till:, AlA6 Doc nt, r ny portion it„ ay r suit in severe l and cri inal p n lti s. nd ill be prosecuted to the m ximum ',,xtent p ssible under the law. This document was produced by AIA software at 17:1532 ET on 06125/2019 under Order No.2887812444 which expires on 07112/2020, and is not for res le. User Notes: ' Padrilnt 356 Init. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECTS BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES CLAIMS AND DISPUTES TERMINATION OR SUSPENSION MISCELLANEOUS PROVISIONS COMPENSATION SPECIAL TERMS ANI CONDITIONS 9 10 11 12 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 infbrmation 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, identifi, 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: (Ident6 or describe pertinent information about the Project's physical characteristws, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; trajflc and utility studies; availability of public and private utilities and services; legal description o the site, etc) Unknown. § 1.1.3 The Owner's budget for the Cost of the Work, as defined (Provide total and, if known„ a line item breakdown.) Unknown, 1.1.4 The Owner's anticipated desi # Section 6.1: and construction milestone dates: 1 Design phase milestone dates, if any: AA Document B101 'IA 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WA," NINO: This AlA Document is prat d by Copyright iv a International if II s, uthoriz d r production or distribution of thi ; ALA° Docu nt r ; ny porti of it, m y result in severe civil ndnen bibs, and will e prosecuted to the maxi u extent po. sibi und r th law This docu nt was — produced by AIA software at 17:15:32 ET on 06/2512019 under Order No 2897812444 which expires on 07/12/2020, and is not for resale, User Notes: Page152241356 1 01 11, I I Init. 1 Not yet determined. .2 Construction commencement date: Not yet determined, Substantial Completion date or dates: Not yet determined. A Other milestone dates: § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Jdentifj) method such a competitive bid or negotiated contract, as well as any requiretnents br accelerated or fast-track design and construction, multiple bid packages, or phased construction*) Competitive bidding., § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective br the Project if any) N/A. § 1.161 If the Owner identifies Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document ,E204TK-2017, S stainable 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 aecordance with Section 53: (List name, adcfress 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 sr bmittals to the Owner are as follows: (List name, address„ and other contact informa hon.) §i 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 AIA Document13101114 — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AlA Docum nt is pr t ct d by U.S. Copyri ht ard int rn tion I Tr hits. Uneuthoriz; r t production r distribution of this A1A'' locum nt, r ny portion of U„ ,ay result in severe civil a d crimt al enaiti s. and be pr secuted to the. maximum -xtent possibi un•er the la . This document was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pag(601Y88.9 356 10 00 !nit .2 Civil Engineer: 1 & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 .3 Other, if any: (List any other consiultants 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 in ormation) Tim Verheyen, PE 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Email Address: tim.verheyen s-gip.com § 1.1.11 The Architect shall retain the consultants identified in Sections I111.1 and 1.1.11.2: (List name, legal status, addresisi, and other contact information) 1.1A 11 Consultants retained under Basic Services: .1 Structural Engineer: 1 & S Group, Inc. (ISG) 314 East 4th Street Waterloo„ IA 50703 .2 Mechanical Engineer: 1 & S Group, Inc. (ISG) John Triekel, PE 1300 Walnut Street Suite 101 Des Moines, IA 50309 Telephone Number: 515-243-9143 .3 Electrical Engineer: & 5 Group, Inc. (ISG) AIA Document B101 TM - 2 01 7 . Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican Institute of Architects. Ail rights reser/ d.WARNING: This AlA "cum nt is prot ct by U.S. Copyright L w nd Int rn tional Tr ati s. Un uth riz ri production or distribiutio of this AIN' Document, ra y A p rtion f it, may r in ,evere civil nd p e n Met, nd he rosecut d t th m ximu extent possibl. und r the, I, This document was "ir produced by NA software at. 17:15:32 ET on 08/25/2019 under Order No.2887812444 which 'expires on 07112/2020, and is not for resale. User Notes: (2052224886) Page 133 of 356 41 41 /41 441 414 11 41 Mit 1300 Walnut Street Suite 101 Des Moines, IA 50309 Telephone Number.: 515-243-9143 § 1.1.11.2 Consultants retained under Supplemental Services: None to date. 1.1.12 Other Initial Information on which the Ay-eement 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, sched le 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 accirmnodate material changes in the Initial Information. § 1.3 The parties shall wee upon protocols governing the transmission and use of Instruments of Service or any other information or docu • e tation in digital form. The parties will use AIA Document E203Tm-2013, Building formation 'Modeling and Digital Data Exhibit, to establish the protocols for 1 e development, use, transmission, and exchange of digital d ta. 1.11 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 • .ormation contained in the model and without having those protocols set forth in MA Document :E203m4-2013, uilding Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202T '-2013, Project Building I. formation 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 localiv under the same or similar circumstances. 'The Architect shall perform its services as expeditiously as is co sistent with such professional skili 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 judg ent with respect to this Project. § 2.5 The Architect shall 1 aintain 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 darnage. AIA Document 131011m 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ali rights reserved. WARNING: This AlAo ocum nt is protect d byJ.C pyri ht Law an•int matt n Tr ati s. Un uthoriz d r r duction or distribution of this MA' Document, or any exertion of it, may result in severe l and criminal p naltie ind will b rosecuted to th maximum ext under the law. This docume t was produced by AIA software at 17:15:32 ET on 06125/2019 under Order No.2887812444 which expires on 07112/2020, and is not for resale, User Notes: Pagg°12.318613 356 * 5 )4, In It § 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 injuiy, 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 M the same or greater coverage as the coverages required wider 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 .*:...elude 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 .p.ri.Jtary 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 I surance 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 I elude usual and customary strucH -al, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental o A iditional 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 .withthose 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 ifthe Architect becomes aware ofany error, omission, or inconsiste.ney in such services or infOrmation. § 3.1.3 As soon as pr cticable 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 oft i e 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, ti e 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, ifnecessary, as the Project proceeds until the commencement of construction. AIA Document 8101 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. VVARNiNG: Thi AAA Docum nt is prot ct d by U.S. Copyri ht L w nd t motional 'fresh, . Lith0112 d r pr•duction or distribution of thl AlA DOCM', nt or any n portion of it, m y result in sever civil and crimin. pe tti and will b ros cuted to the m xiroum exte t o ibi under th ; lays. This document was produced by AA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: I222,43861 Pag2e513b Of 356 § 31.4 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. 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 progra r and other information thrnished 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 deliveiy method, and the 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 discovexes 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 desiy [[ 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 'teveloping 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 syste s 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 sub it to the Owner an estimate of the Cost of the Work prepared in accordance wi 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 Desi [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 Develolment 1 ocuments shall illustrate and describe the development of the approved Schematic Design Documents ant shall consist of drawings and other documents i eluding plans, sections, elevations, typical construction details, and diagrammatic layouts of building syste i s 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. AM Document :101 - 2 01 7 . Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The Am rican Institute of Architects. All rights reserved. WARNING: This MIAs Docu nt is rot ,ct d by U.S. Copyright Llw and Int rn Hon I Tr sties. Un uthorized rod alien or distribution of this MA Docur nt, or ny 7 portion of it may result in severe civil and crir i 1 penalties, and will be crosscut Alto the maximu extent po °addle under the h. w. This document was prod ced by NA software at 17:15:32 ET an 06/25/2019 under Order No 2887812444 which expires on 07/12/2020, and is not for resale. User Notes: PagefNant 356 Init. 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 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 Own.er'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 thither development of the approved . esi Development 'Doeu....,ii.ents and shall consist of Drawings and. Specifications setting forth in detail the quality levels and performance criteria of .materials and syste s 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 siibmittals„ which the .Architect shall review in accordance with. Section 3.6.4. 7. § 3.4.2 The Architect shall incorporate the design requirements ofgovemFentai 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, 11 cludi g bidding or proposal forms ; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Co:, struction (General, Supplementary and other Coalitions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Col struction ,nd 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 1 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 (I) obtaining either competitive bids or negotiated proposals (2) conf 7ming responsiveness of bids or proposals; (3) determis ,g 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 0 ocuments shall consist f bidding requirements and proposed Contract Doc eats. 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 orgatuizing and conducting a pre-bid conference for prospective bidders; if necessary, .3 preparing responses to questions from J;$rospeetive bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form ofaddenda; and, .4 orgar'zing 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. (Paragraphs deleted) AIA Document18101 — 2017. Copyright() 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: "This AlA ' Decum nt is pro et d by LLS. Copyright Law nd t matt n Treati Unauthortz d r d lab n or ution 1thk7 D cum t, or ny 8 portion of iL m, y result in s vere nd criminal p nalti s, nd will e prosecuted to, the aximum xtent p ssible der th. 1.w. This document was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes:20522241,88g1 Page-- -13 Of 356 4/ 4 § 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 ALA Document A201. TM -2017„ General Conditions of the Contract for Construction. If the Owner and. Contractor modify .AIA Document A201,--2017, those :H. codifications 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 duricg the Construction Phase Services, The Architect shall have authority to act on b&talf of the Owner only to the extent provided in this Agreement. The Architect shall. not have co: troll 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 dor 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 It'erfor.ming 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 ofconstruction, 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 .frat'.. 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 authorityof 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 ofthe .Architect shall be consistent with the intent of, and reasonably inferable fro , the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful jcerfonnance by both Owner and Contractor, shall not show partiality to either, and Shall not be liable for results ofinterpretation.s 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 Docurn.ents. § 3.6.2.5 Unless the Owner and Contractor desi'ate another person to serve as an Initial Decision Maker, as that term is defined in ALA Document A.201-2017, 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 amo nts. The Architect's certification for payment shall constitute a representation to the Owner, based on the AIA Document B101174— 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARM G: This init. AlA Docum nt is rot died y U.S. Copyright Law -ind Inter ttio i Tr ti Unauthoriz production or distribution of this AIA *acorn •r any carbon of it, ay re, ult in sever civil d criminal penalties, and will be prosecuted to the maxi u nA po 'sible under the law. This document was 1"r produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pagg°923t1861 356 Init. 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 (I) an evaluation of the Work for co formance 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 eorriOetion, and (4) specific qualifications expressed by the Architect § 3.6.3.2 The issuance of a Certificate for Pay:A ent shall not be a representation that the Architect has (I) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed. constniction 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 Pa ent. § 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 sub ki ft.als shall be taken in accordance with the approved submittal schedule or, M the absence of an approved submittal sched le, with reasonable promptness while aliowing 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 formation 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 erformance .of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval ofsafety 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 e Contract Documents specifically require the Contractor to provide professional desi.t t 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 011 Shop Drawings and other submittals related, to the Work desilited 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 purposeof 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 ofthe 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 th.e Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements .for requests for information, .Requests for inform.ation shall include„ at a minim.um„ 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 requ.ests shall be made i.n. w .*.tin.g within any time limits agreed upon, or oth.erwise with rea.sonable promptness. If appropriate, the Architect shall prepare and issue supple ental Drawings and Specifications in response to the requests for information. 3.6.4.5 The Architect shall aintain a record of submittals a,nd 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 adjust ent in the Contract Sum or an extension of the Contract Time. Subject to AIA Document B101 -2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA. Document Is protect; d by US, Copyritht Law an Int rn «RI•11,, I Tr tan s. Unautho 'z d r production or distribution of this ' cument, or any 10 portion of it, ay r s it in s vere civil and riminal .111 s, n e rosecuted to the maximui t extent possible under thell vv. This document was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. Us r Notes: Pade5923488f 356 11 Section 4.2, the Architect shall prepare Change Orders and Constructio 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 cha ges 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 Co.pletion 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 Co • tract 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) affi receipts, releases and waivers of liens, or bonds indemnifying the Owner against hens; 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 he 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. (Paragraph deleted) (Table deleted) NA § 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. N/A § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. N/A AIA Document B101" —2017. Copyright° 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIM Doan nt prot ct d by U.S. C cyright Law and Int irnational Trir irized r production or distributi•of this AlA Docum nt, or ny portion of it, ray result in severe civil a d cri inal penalties„ and will be rosecuted to the maximum extent possible under the law, This document was produced by NA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pagste)24268O? 356 4 Init. § 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 the Architect as provided in Section 112, § 4.2 Architect's Additional Services The Architect may .provide Additional Services after execution of this Agreement without invalidating the Ay eement. Except for services required due to the fault of the Architect, any Additional Services provided in accord. nce with this Section 4.2 shall ettitle the Architect to compensation pursuant to Section 11_3 and an appropriate adjustment in the Architect's schedule. 4.2.1 Upon recognizing the teed 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 necessitatet 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 enact, ent or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; 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 perform ce on the part of the Owner or the Owner's consultants or contractors; 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 healing; .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 t roposals; .10 Consultation concerng replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Arci *tea. 4.2.2 To avoid delay in the Ctnstruction. 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 tformation that are not prepared i 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 coordinationdrawings, or prior Project correspondence or documentation; Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals, and supporting dat or the preparation or revision of Instruments of Service; .4 Evaluating an extensive .number of Claims as the Initial Decision Maker; or, .5 Evaluatei g 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 Ptase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notif the Owner: AIA Document B101 - 2017 Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The Ame can Institute of Architects. All rights res ,rved. WARNING: Thi AlA" Docu Hint is pr t ct d by L1,S Copyright Li w and int t motion Tr t ties, Lin; uthoniz :d r production or di tribution of this AA' Docum nt or ny 11 p Ilion of it, may r suit in sev r. civil ,Ind criminal p naitie , and will le prosecuted to the m xi um extent sible under the law. This docum.rit was produced by AIA so -Ire at 17:16:32 ET on 08125/2019 rider Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: YA4188 Pa62„5 f 356 .1 Unlimited ( Unlimited ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 i -weekly Bi -weekly ) visits to the site by the Architect during construction .3 Three ( 3 ) inspections for any portion of the Workto 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 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 hi 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 ti e 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 si ificantly 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; tights -of -way, restrictions, easements, encroachments, zoning, deed restrictions„ boundaries and contours of the site, locations, dimensions, arid other necessary data with respect to existing buildings, other improvements and trees; and inf rmation concerning available tility 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, percol tion tests, evaluations of hazardous materials, seismic evaluation„ ground. conosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written. reports and appropriate recommendations. § 5.6 The Owner shall provide the Supple ental Services desi: ated as the Owner's responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article I, the Owner shall fiuif 11 its responsibilities as required in AIA Document E204174-2017, Sustainable Projects Exhibit, attached to this Agreement, § 5.8 T e Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall fur ish copies of the scope of services in the contracts between the AIA Document B101 TM —2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican Institute of Architects. All rights reserved. WARNING: This AIA Doc= nt is prat ct d by U.S. Copyright Law nd internation Tr ti s, Unauth z d r production or distribution of this MA' ocument, or any 13 portion of it, may result in ev re civil an criminal p nettles, and will e prosecuted t the rnoximu xtent possibh, und q the law, This document was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/1212020, and is not for resale. User Notes: (202224886), Page 142 Of 356 11 2, 1 IniL 1 Owner and the Owner's consultants. The Owner sh,all 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 of and water pollution, an. tests for hazardous materials. 5.10 Th.e Owner shall furnish all leg'al„ surance and, accounting services, incluting auditing set ices„ that .may be reasonably necessary at anytime for the Project to meet the Owner's needs and interests. 4 § 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. § 512 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 commu ications between the Owner and the Contractor othertvise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. § 5.13 Before, executing the Contract for Cons:traction, 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 oblig te the Contractor to provide the Architect access to the Work wherever it is in preparation or pro!, ess. § 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. § 6.2 The Owner's budget for the Cost ofthe 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 estiot ate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the ..Axchitect's Judg i as a designl!rofessional. 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. Accord 1 gly, the .Architect cannot and does not warrant or represent t at bids or negotiated prices will not vary ..from. the Owner's budget .for the Cost of the Work, or from any esti i ate of the Cost of • e 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 Lie 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 tec 1 ques. If the Owner requires a detailed estimate ofthe 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. AIA Document 13101Tm — 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American 1 stitute of Architects. AU rights reserved, WARNING: This AM' Docum; nt is protect ,,,,d1by U.S. Copyri ht La nd international Tr ',Mies, Un uthoria,d reproducti4o or di: tribution Docum ; t, or ny 14 portion of it, may suit in severe civil and criminal penalties, an will lb, pro °ecuted to th maximum extent po sible under the . This document was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (2052224.886) Page 14i of 356 § 6.4 If, through no fault of the Architect, the Procurement Phase has not comme, ced 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 t 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, ikuality, 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 on 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 t e Cost of the Work; or, .5 implemei t any other mutually acceptable alternative. 6.7 If the Owner chooses to proceed under Section 6.64, the Architect shall modify the Construction Documents as necess ry to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Doc ments 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 pennission 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 allcommon law, statutory and other reserved rights including copyri,•)its. Submission or distnbution 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 Arc'hitect'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 use in perfonn g 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 ,i,,struments of Service, the Owner releases the .Architect and Architect's consultant(s) .frora all claims and causes of action arising fromsuch uses. The Owner, to the extent permittedby law, further agrees to indemnify and hold hornless the Architect an. its consultants from all costs and expenses, including the cost ofdefense, related to claims and causes of action asserted by any third person or entity to the extent such costs mi. 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. AIA Document B101 im 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. %YARNING: This init. AMP Doom nt is pr t d y Copyri L; VI and I ,t motional Tre tie uthorized repr ductio or distribution of this ALA oc t, or any 15 portion of it, may result in sever. civil a cri inal enalti s, and will b pro:. cuted to the maximu extent pos ibis under the I Ike. This document was produced by NA s ftware at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07112/2020, and is not for resale, User Notes: (205f424881 — 56 Page o int 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 tisk and without liability to the Architect and the Architect's consultants. §, 7.5 Except as Agreement. et ise stated in Section 7.3, the rovisions of this Article 7 shall survive the termination of this ARTICLE 8 CLAIMS AND DISPUTES §81 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 require tents 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 MA Document A201-2017, General Conditions ofthe 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 hornless from and against damages, losses and jud ...'ents arising from claims by third parties„ including reasonable attorneysfees and expenses recoverable under applicalle law, but only to the extent they are caused by the .negligent acts or o issions of the Architect, its employees and its consultants in the 11oerformance 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 relates to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8!2!2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. 8.2.3 The parties shall share the mediator's fee an 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 settled el t agreements in any court .having jurisdiction thereof 8.2.4 If the p. es do not resolve a dispute throu dispute resolution shall be the following: (Check the appropriate box.) mediation pursuant to this Section 8.2, the method of binding [ Arbitration pursuant to Section 8.3 of this Agreement AIA Docum nt 6101 1TM —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The Americ n institute of Architects. All rights reserved. WA' MING: t AM Slocum nt is prot ct (el' by U.S. Copyright Law n•1,ns/tonal Tr sties. Un uthorized r producti or di.itributi • n of this AlA Docum nt, or y I 6 portion / it, m y r sult severe civil and crimin 1 pen ,iti is, and will be prosecute to th m ximum .xt.nt ible umrer the la , This document was produced by AIA software at 17:1532 ET on 06/2512019 under Order No.2887812— 4 which expires on 07/12/2020, and is not for resale. User Notes: (20522241186) Page 145 of 356 0 1 [ X Litigation in a court of competent jurisdiction [ I Other: (Spee0) 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 i 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 substantiai nonpetformance and cause for termination or, at the Architect's, option, cause for suspension of erformance of services under this Agreement. If the ,Architect electsto 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 res i mg 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 eq itably adjusted, § 9.2 lithe 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 sell/ices. 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 ter inate this Agreement by giving not less than seven days written notice. § 9.4 Either party may terminate this Ai cement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 If the Owner terminates this .Agreement for its convenience pursuant to Section 9.5, or the Architect tenninates 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' 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 shallpay to the Architect the following fees: (Set forth below the amount of any tenni:nation or licensing fee, or the .metho4for 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: AIA Document B101 — 2017. Copyright© 1974, 1978, 1987, 1997. 2007 and 2017 by Th American Institute of Architects. All rights reserved. WARNIInit.NG: This AIA oci locum nt is prot,cted by U.S. Copyright L w and Int motion Tre ti s. Un uthoriz:d r production or distribution f this AIA Dace ,nt or any 7 rtion of it, ay result in severe, civil and cri dinal penalti.will be prosecuted to the maximal extent possibl. under th law. This docu ent was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Page14b356 init. 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 oflaw 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 A A Document, A201-2017, Ge eral Conditions of the Contract for Construction. § 103 The Owner and Architect, respectively, bind themselves, their agents, successors, assil us, and legal representatives to this Agree,ment. 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 len..t.er, the Architect shall execute all such consents that are consistent with this .Agreement, provided the proposed consent is sub ittedto 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 co tained in this Agreement shall create a contractual relationship with, or a cause of ac ion in favor of, a third arty against either the Owser 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 e?plosure of persons to, hazardous materials or toxic substances form at the Project site. nv 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 un ser 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 incl de photographic or artistic representations of the desilo 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 terminationof 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 uusiness proprietary." the receiving party shall keep such infamiation strictly confidential and shall not disclose it to any other person except as set .fot, in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement AM Document B101 — 2017. Copyright© 1974, 1978 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights res ,rved. WARNING: This AlA ' Docum nt is rotected by US,„ Copyright La nd internation 1 Tr ati Unauthenz d r productio r Istribution of thi Docum wnt, 0 r ny 4 portion f it, ay result in s v r civil d criminal p n Ries, nd will be pr secute•to the w xit um xt nt es ible und r the law, This docu ent was I" produced by AIA software at 17:15:32 ET on 0612512019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (20522486) Page 141 of 356 utw 4 ,M11 § 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 shallnot i,'..nvalidate 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 he revised to the extent necessary to make that provision leg 1 and enforceable. In such case the A 7eement shall be construed, to the fullest extent permitted by law, to give effect to the partiesintentions 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: Replace existing penthouse roof with new roofing mate a... Compensation shall be as follows: (Paragraphs deleted) Design Fees shall he a Fixed Fee of $15„000 (includes basic reimbursable expenses, Architectural, Mecha ical, Electrical & Structural Engineering). (Paragraph deleted) § 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. I necesa,y 1m specific services to which particular niethods of compensation apply.) See Hourly Rate Table attached as Exhibit § 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 "A. § 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 Cons ction Documents Phase Bidding/Negotiations Phase Construction Phase Fifteen percent ( 15 Twenty percent ( 20 Forty percent ( 40 Five percent ( 5 Twenty percent ( 20 OA) AIA Document B101Tm —2017. Copyright () 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican Institute of Architects. Alf rights reserved. WARNING: This init. AIA" Docum ; nt protect dloy U.S. Copyri lit Law and International Trish :s, Un uth d r nroductio or distribution of this AM D. c nt, or any 19 portion f it„ may result in severe civil a d criminal p n Ities, n will e prosecuted to the m ximum xtent possible und r the 1 w. This document was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: /205222418861 Page- T4-bi OT 356 Init. Total Basic Compensation one hundred percent ( 100 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payme ts :for each phase of Basic Services shall be calculated by multiplyingthe percentages identified in this Article by the Owner's most recent budget for the Cost of the Work. Compensation paid in previous progress paystents 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 lerce.ntage basis and any portions of the Project are deleted or otherwise not constructed, co i.pen.sation .for those portions of the Project shall be payable to the extent services are performed on. those portions. The Architect shall he entitled to compensation in accordance with this Agreement .for all services performed whether or not the Construction Phase is comme.n.ced. 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 See H urly Rate Table as Exhibit "A". Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses (Basic Reimbursable Expenses are part of Fixed Fee), § 11.8.1 Rei 'bursable Expenses are in addition to compensation .for Basic, Supplemental, and Additional Services and, include expenses incurred by the Architect and the .Architeces consultants directly related to the Project, a.s follows: .1 Transportation and authorized out-of-town travei and subsistence; .2 Long distance services, dedicated data and communicationservices, teleconferences„ Project web sites, and extr ets; 3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard. .form. documents; .5 Postage, h.,. 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 aiditional insurance coverage or limits M 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 Engineer. The engineer .willstudy the existing system and com.pare to a more efficient system and determine what the cost savings will be. The analysis costs vary depending on the type ofsystem, the square footage and comilexity of the study. Tie average cost to the Owner is between $7,500 d $11,500 to have this analysis performed and will he 'billed to the Owner by the Architect as a reimbursajile cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. „15 Additional consultant expenses may include, but are not limited to site survey(s), soil boring's etc. These expenses will be billed as a reimbursable expense to the Owner. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants pl s Fifteen percent ( 15.00 %) of the expenses inc-urred. AIA Document B101 T'a — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserir id. WARNING: This AIA Docum nt I Tot, d by U.S. Co yright nd Int motional Tr ties. Un uth rized r production or di Aribution of this D cu :nt, or i ny 9r1 portion of it, ay r sult in evere civil and criminal penalties, and will bile pr secut d t•the m ximui ext nt under the I w. This document was produced by AIA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (2052221886). Page 149 OT 356 11 Init. § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2,5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to ,siatisfy the requirements set forth in Section 2.5, andJo which the Owner shall reimburse the Architect) 11.10 Payments to the Architect § 11.10.1 Initial Payments 11.10.1.1 An initial payment of Zero ($ 0.00 ) shall be made upon execution of this Agreement and is the payment under this Agreement. It shall be credited to the Owner's account in the final invoice. 1 mum § 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 1,!'rogress 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 bsence thereof at the legal rate prevailing .from time to time at the principal place of business of the Architect, (Insert rate of tnonthly 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 in the Architect, or to offset sums requested by or paid to con actors 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) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and sueersedes 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 °cut, ent B10112017, Standard Form Agreement Between Owner and Architect 2 Additional ALA Document: N/A ,3 Exhibits: Exhibit "A" —1SG Hourly Rate Table AIA Document B101 TM 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights r served. WARNING: 'This AlA (locum it is pr ct d by U.S. Copyright LOA? and Int rnati n I Tr U thotiz r ,iroduction or distribution f this MA' Doan nt, or any 21 n portion of it, ay result in s.v.r civil and criminal penalties, ,,nd will be prosecut d to the maximUM extent possible u der th vc This document was produced by AIA software at 1715:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (2052224886)i Page IbUOT356 Init (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 su 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 (Printed name and title) ARCHITECT (Signature) Tim Verheyen, PE, Pr cipal (Printed name, title, and license number, ffrequired) AIA Document 8101114 — 2017. Copyright () 1974, 1978, 1987, 1997, 2001 and 2017 by The American Institute of Architects. All ri hts reserved. WARNING: This AIA Omura nt is protect td by U.S. Copyright Law an internation,i1 Tr titie;. uthoriz :id reproduction or distri ution of this Mk' Dace nt, r any 22 portion of it, may result in severe civil ant criminal pen , Ries, a d will be rosecuted to the m i Xt nt pas1,und ix the lave. This document was produced by NA software at 17:15:32 ET on 06/25/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (2052224.86) Pageb 1 of 356 - ,Senior e ss rsit 1 - Senior - Senior - Senior TNT') LA r1 isl„„f - Senior onstr C n - Senior e 1.12Iler Lf -H - Senior PL S'tr-at,o r ronm /Epigi neer - Senior GS - Senior e Jirierr - Senior - Senior ..ipteribr ignr 1 - Senior Land Surveyor -- I - Senior pedal ist. $64-120 $106-190 $96L.138 $120-182 $90-100 $119-190 $93-134 $109-160 $96-136 $117-190 $96-174 $106-165 $106-164 $85-105 $105-155 $110.190 $98-176 Larld rsvey pe ci h 1- Senior lea.11) d if) 1 - Senior d sca,p e E)e'si.,„;pets - Senior. -11 a rxeti Inge arts t1 [Sa srt" Specialist 1 - Senior 'srati ro cal rt 1 - Senior 1\1 C a Ugin er - Senior er01....e et -0 Ci - 1V F roj e Ct.Ntan age - Senior 000urO 1000ro (ice un n 1 - Senior \l(s.ualizat - Senior Vide ograp r. -1,g11 e /t -iter E.:1(J ent 3D Laser Scanner All -Terrain Vehicle, Drone Mapping Grade GPS Survey Grade GPS/Robotics Traffic Counter Mileage is billed at the IRS allowable rate Consultant subcontracts are billed at cost +10% $88-132 $114-182 $99-135 $100-155 $117-190 $96-132 $108-141 $120-176 $155 $115-190 $120-135 $141-171 120 $61 $24 121 $18 $54 $II Page 152 of 356 Page 153 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $6,500, in conjunction with architectural/design services for the Five Sullivan Brothers Convention Center Structural Lintel Replacement Project, and authorize the Mayor to execute said document. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department w. P � an.ing & Clerk Office ATTACHMENTS: Description n Lintel R..epl.a ern SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Reviewer Anderson, Noel. Even, Action Approve� A pproved. Type Cover Me Date 7./ 10/ .01 ,,, 12,: X16 PM 7/10/201( ,,,, X12, :2.0 P M. Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $6,500, in conjunction with architectural/design services for the Five Sullivan Brothers C o nventio n Center Structural Lintel Replacement Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval See attached agreement for Scope of Services $6,500 Building Maintenance Page 154 of 356 IMENIIEW ATAgocument B101" 20 7 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the Sixteenth day of July in the year Two Tho sand 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 infannatiol 1 & 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) 5 Sullivan Brothers Co v ntion Center Structural Lintel Replacement, Waterloo, IA. The Owner and Architect agree as follows. NER 9—xst'S 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. AM Document B101114 —2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ali rights reserved. WARNiNGIrilt.: Thi ALA eau anti pr ct d Copyright Law ,n into lati nal Tr Unauthorized reproduction or distribution of thi AlA Document, or any porli n of it, rnay re cat in sev .ari civil d criminal penaitie; and ill b. prosecuti.d to the maxi UM nt ossibi under th law. This docu ent was produced by AIA software at 16:46.00 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale, User Notes: 1 (1,164268614) Page 155 of 356 Init. TABLE OF ARTICLES INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSI ILITIES 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"0,• unknown at time of execution. '9 § 1.1.1 The Owner's programfor the Project: (Insert the Owner's program, identib, documentation that establishes the 'Owner's prop -ant ior state the manner in which the program will be developed) Unknown. § 1.1.2 The Project's physical characteristics: (Identib, or describe pertinent information about the Project's physical characteristics, such as size, location; dimensions; geotechnical repor(s; 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.) Unnown. 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: AIA Document B1101m, — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institut of Archit cts. All rights reserved. INA Thi AIA Docum nt wet cted by Copyright L 'iv and Intern banal Treatie Unauthoriz repr•duction or distribution of IN AM Document or ,ny 2 portion of rnay result in s v r civil and criminal p n and NI e r out d th axim m xt und ir the law. This document was 4 41 41 41 produced by AIA software at 16:46:00 ET on 06/2712019 under Order No,2887812444 which expires on 07/1212020, and is not for resale, User Notes: (1164268614) Page 156 of 356 Int Not yet determined. 2 Construction commencement date: Not yet determined. 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: (Identifj) method such as competitive bid or negotiated contract, as well as any requirements or accelerated or ,fast-track design and construction, multiple bid packages, or phased construction.) Competitive bidding. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identifi, and describe the Owner's Sustainable Objective for the Project, if any) N/A. § 1.1.6.1 :lithe Owner identifies a Sustainable'. Objective, the Owner and Architect shall complete and incorporate AIA Document E2041m-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 Oijective. 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 information) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) Geotechnical Engineer: 1 & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 AA Document B101", —2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. VilARNING: This ALA's Docum nt ; protict d by US. Copyright La and intern. tioni Tr atlas, Unauthorized repr duction or distribution this AlA Doom int, or any porton of it, ay result in sev, ri civil and criminal pi nalties, nd will Ili prosecuted to the maximum iodint possible under th lam This document was produced by AlA software at 16:46:00 ET on 06127/2019 u der Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1164268614) Page 157 of 356 .2 Civil Engineer: 1 & 5 Group, Inc, (ISG) 314 East 4th Street Waterloo, IA 50703 3 Other, daily: (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 in ormation) Tim Verheyen, PE 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Email Address: tim.verheyen@is- .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 Str ctural Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 .2 Mechanical Engineer: I & 5 Group, Inc. (NG) John Titickel, PE 1300 Walnut Street Suite 101 Des Moines, IA 50309 Telephone Number: 515-243-9143 Electrical Engineer: 1 & S Group, Inc. (150) MA Document B101 TJ -2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ail rights reserved. loVAR 'INC: Thi Init. Docum rprat at y Copyri ht w a Olntemation Ire „ Unauthorized r production or distribution of thi AIN" lit num int, or any 4 portion of it, may r suit in s vere civil an criminal o , and will b pro cute to the aximu extent possi le un ,r th law. This document was produced by NA software at 16:46:00 ET on 0612712019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1164268614) 41 141 41 41 11 41 Page 158 of 356 1300 Walnut Street Suite 101 Des Moines, 1A„50309 Telephone Number: 515-243-9143 § 1.1.11..2 Consultants retained under Supplemental Services: None to date. § 1.1.12 Other Initial Informationon 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„ a .d 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 'Infommtion. § 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 MA Document E203Tm2013, 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 G2O2Tm-2013, Project Building Information Modeling Protocol Forna, 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 age ts 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 perfumed by appropriately licensed design professionals. 2.2 The .Architect shall perform. its services consistent with the professional skill and c.are ordin.arily provided by architects practicing in the sa ..e 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 m.ai....tain 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 8101TH —2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. VI,IARNING: This init. AlA6 oco trtt is protected by LLS. Copyright Law ,nd int math)nal Treatii,s. Unautheriz d r ,,production or di, tribution of this Ai D cument, or any 5 port° of it may result in severe civil and cri inat p naities, and b pro chted to th eximum rort nt ossibie Lind r the 1 This document was produced by AlA software at 16:46:00 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: 3 3 (1164268614) Page 159 of 356 Inft. 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 roperty 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 Lia.bility and Automobile Liability through a combiationof primary and excess or umbrella liability insurance, provided such primaryand 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 u brella liability insurance provide narrower coverage than the primary policye excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying i .surers. 2.5.4 Workers' Compensation at statutory limits. 2.5.5 EmployersLiabi!ily with policy limits not less than One Million Itollars and Zero Cents ($ 1,000,000.00 ) each, accident, One Miltion 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 perfoimance ofprofessional 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 ($ 3,000000.00 ) 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 ad 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 tea, 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 ,Aschitect shall be entitled to rely on, and shall not he responsible for, the accuracy, completeness), and ti.,,jeliness of; services and information furnished by the Owner and the Owner's consulta ts. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in suchservices 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 constru.ction 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 autho ties having jurisdiction over the Project. Once approved by the Owner, time limits established by the ,schedule shall not, except for reasonable cause, be exceeded by. the Architect or Owner. With the Owner's approval, the Architect Shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction, AIA Document B101 TM —2017. Copyright() 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ali rights reserved. 'WARNING: Thi Docum nt is prct ct ,d by U.S. Copyright Law ,,nd Int, motional Tr, alio Unauthori ed r production r distribution of till, MA' Mecum, nt, or any portio of it, may re,ult in ;ay r , civil and crimi p,maitie, and 11 pr scout d to the maxi u xlent possible under th This document was produced by AIA software at 16:46:00 ET on 06127/2019 under Order No.2887812444 which expires on 07112/2020, a d is not for resale. User Notes: (1164268614) 6 Page 160 of 356 Init. 1 § 3.1.4 The Architect shall ot be respo sible for an Owner's directive or substitution, or for the Owner's acceptance of non -conforming Work, made or given without the Architect's written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Constriction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities nd entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing docume 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 th Cost of the Work, Project site, the proposed procurement and delivery method, and other Initiai 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 sell/ices that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preli inary 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 Desi Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and prek_. inaty 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 co sider 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 §, 3.31 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 buildin.g 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, AIA Document 6101 TM 20 1 7 Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. This A1A6 own, nt is protect d byCopyri ht Law and Int ro tional Tr fah Unauthorized r production or di itribullon of this AM Docu or any hellion of it, may r suit in s vere civil and criminal penalti a, nO will be prosecuted to the maximu ,xt nt pos ink nd r lavv. 'This document was produced by AIA software at 16:46:00 ET on 06127/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resal User Notes: $ (1164268614) 7 Page 161 of 356 Init. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. 3.3.3 The Architect shall submit the Desi Develop ent Documents to the Ower, 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 b dget for the Cost of the Work, the Architect shall prepare Construction. Documents for the Owner's approval. The Consiction Documents shall illustrate and describe the further development of the appr .ved P esign. :Development Documents and shall consist of Drawings and. Specifications setting forth in detail the quality levels and performance criteria ofmaterials and systems and other requirements for the const. .ction, 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 ofgovernrnental authorities havingjurisdiction over the Project into the Construction Documents. §, 3.4., During the development of the Construction Documents, the .Architect shall assist the Owner in the development an.d preparation of (I) procurem,ent inform,ation, that describes th.e 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 s bmit 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 • wner's approval. 3.5 Procurement Phase Services 3.5.1 General The Architect sh.all assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Constructio Documents, the Architect shallassist the Owner in (1) obtaining either competitive bi s or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the s ccessful 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 require ents and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of zidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; if necessary, .3 preparing respo ses 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. (Paragraphs deleted) AIA Document Blain' — 2017, Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by he American Institute of Architects. All rights reserved. WARNING: This, AIA Doe m ,,nt is protect by U,S, Copyri ht w .nd tote ation,,, 1 Tr atie', uth rized r production ortribution of this ildik® Document or y portion of may result in s ver civil and cri Fri,r41and witi b pros ,cut to th maxiMUM extent possi• under lb, icw, This document was produced by NA software at 16:46:00 ET on 06/27/2019 u der Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1164268614) 8 Page 162 of 356 § 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 .A201m-2017., General Conditions of the Contract for Construction. If the Owner and. Contr ctor m.odify NIA Document .A201-2017, those modifications shall not affect th.e Architect's services under this Agreement u less 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 const etion means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect he responsible for the Contractor's .failure to perform the Work in accordance with the requirements of the Contract .Documents. The Architect shall be responsible fdr 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 42 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 Payme t. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage ofconstruction 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 detertnine, in general, if the Work observed is being performedin 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 ofthe site visits, the Architect shall keep the Owner reasonably informed about the progress a .d quality of the portionof 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 ihe 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 perfuming 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 and decisions, the Architect shall endeavor to secure faithfill 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, 1743r payment shall constitute a representation to the Owner, based on the AIA Document B101' —2017, Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This Inut. MA° Docum nt Is protect d by U.S. Copyright Law and Intern Hemel Tr ath Unauthorized reprod cfien•r distributiiin of this AlA6 Documiixd. or any portion of it, may result in sex r civil and criminal penalties, and will be pro c ted th maxi la extent possible under th law. This document was prod ced by AIA software at 16:46:00 ET on 06/2712019 under Order No.2887812444 which expires on 07/1212020, and is not for resale. User Notes: (1164268614) t Page 163 of 356 Init. 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 q .ality 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 fer conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections., (3) correction of minor deviations from the Contract Doc ,ments 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 (I) ,i.q.a.de e)diaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed constniction. 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) ascertainedhow or for what purpose the Contractor has used money previously paid on account of thio 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 soloed sched le and shall not unreasonably delay or withhold approval. ofth.e schedule. The Architect's action in reviewing submittals shall be taken in accordance with the aoprovedsubmittal 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 Iirnited 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 &tend: ing .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 preca tions 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. § 3.6.43 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional. related to systems, materials, or equiioment, 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 OT 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 li ted purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and. shall not be responsible for, the adequacy and accuracy of the services, certifications., and approvals performed or provided by such design professionals. 3.6.4.4 Subject to Section 4.2, the Architect:. shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in thin Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need ,of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed .up on, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for info scion® § 3.6.4.5 The Architect shall maintain a record of submittals and copies of sub accordance with the requirements of the Contract Documents. ittals supplied by the Contractor in 3.6.5 Changes in the Work § 3.6.51 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 AlA Docum nt B101111-2817. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights resery AAA' Doc m rit tected by US% Copyright Law and int tn banal Tr all ,& Unauthoris d r production or distri ution of thi prtion of it, m y r uit in ,vere civil an crime, pen Its s, and will a pros tut Al th maximum xt p un er produced by AIA software at 16:46:00 ET on 0607/2019 under Order No 2887812444 which expires on 07/12/2020, and is not for resale. User Notes: d.WARNING: Tbi ' Document, or any This document was (1164268614) Page 164 of 356 Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the ContiactDocuments. § 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 .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 Owners 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 hest 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 co plcteness of the list submitted by the Contractor of Work to be completed or conected. § 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 amou t 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: (I) 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 indemnibying 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 SERVICH S § 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. (Paragraph deleted) (Table deleted) N/A § 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. N/A § 4.1.2.2 A descriptio of each Suppleme tat Service identified in Section 4.1.1 as the Owner's responsibility is provided below. N/A AIA Document 8101 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by Th American Institute of Architects. All rights reserved. WARNING: This Init. AlA Doc ment is protect, d y U.S. Copyright La and tnt,mational Trestle Unauthorized reproduction or distrib tio of thi AlA Docum nt, or any po ion of it, may re ult in severe civil and cri inal pen. Iti, „, and will b pro, aoudad to the maximut ext nt p•s lbi , under the la . This document was produced by NA software at 16:46:00 ET on 06/27/2019 under Order No.2887812444 which expires on 0711212020, nd is not for resale. ( User Notes: 1164268614) Page 165 of 356 Init. 41.3 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 E2041v-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 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 ot 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 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared I ...stniments of Service; Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or reg lations 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 consultats or contractors; Preparing digital .models or other design documentation .far 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 duri g construction; or, .11 Assistance to the Initial ecision Maker, if other than the Architect. § 4.2.2 To avoid delay in. th.e, Con.struction. Pha.se, the Architect shall provide the following Additional. Se.rvices, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon. receipt of th.e. Architect's .notice, the Ow er determines that all or parts of the services are not required., the Owner shall give prompt written notice to the .i.kr.c.hitect ofthe Owner's determination. The Owner shall compensate the Architect for the services provided prior to the Architect's receipt ofthe 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 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: MA Document B101 —2017. Copyright 1974, 1978, 1987, 1997, 2007 a d 2017 by The American institute of Architects.. All rights reserved. WA PIING: Thi AIN Ill (moment is prat; ct td Copyright Law and internatiiim.1Unauthertz,d r; production or 1,, tri otion of thl D GC UM ,,nt, or a 12 portion of it, m ,y ult in civil and criminal pen iti a, and M e pro acuted to th Xi U extent poser le under t e law. This document was produced by AIA software at 16:4600 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1164268614) Page 166 of 356 Init. 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 Is ortion of the Work to determine whether such portion of the Work is substantially complete in accorda'. ce 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 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 co pensated as Additional Services to the extent the Architect incurs additional cost rn 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 .nder this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitatia s 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 tliro ghout the duration of the Project .until final completion. Ifthe 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 Set vices. § 5.4 The Owner shall furnish surveys to describe: physical characteristics, legal limitations and utility locations for the site of the Project„ a d 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 necessarydata 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, includinginverts and depths. Ail 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 51 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204Tm-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 MA Document B101 TH — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. 'WA NING: This AIA Docum nt brat ct by US, Copyright Lwed int rnation: Tr all a, Urt. othorized reproduction or distribution of thi' AIA D nt, or any 13 p rtion of y result In ev .re civil and enmity p Patti andHillhe prosecut d to tit maximum ',KA, nt possibi ridn: the lam This document was produced by AAA software at 1646:00 ET on 06/27/2019 under Order No.2887812444 which .xpires on 07/12/2020, and is not for resale, User Notes: (1164268614) 1 Page 167 of 356 In It 1 Owner and the Owner's consultants, The Owner shall famish the services of consultants other than those desi. ated 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 de onstratcs 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, § 510 The Owner shall firmish 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 writtennotice to the Architect if the Owner becomes aware of a y fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments ofService § 5.12 The Owner shall incl de 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 s f the substance of any direct communications between the Ow er 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 .forthin 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 a eement between the Owner and Contractor, including the General Conditions of the Contract for Co. struction, § 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 e force 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 contractorsgeneral conditions costs, construction manager's fes, 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 famished 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 equip ent; 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 fromany estimate of the Cost of the Work, or evaluation, prepared or a.greedto by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permittedto 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; a d to include design alternates as may be necessary to adjust the estimated, Cost ofthe 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. techmqucs. Ift. c Owner requires a detailedestimate 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. AM Document B1011,4— 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This ALA' Docura, ,t is pr t,cte by U,S. Copyright L w anti international Tr,ati, loth r, croduction r distribution of this ALA Docum.nt„ r 14 portion of it, ay r, 4 ult In :eve civil and criminal , and Mil b prosecuted to the in urn Id 1st po ibi und;r th law, This document was produced by AIA s ftware at 16:46:00 ET on 06/27/2019 under Order No.2887812444 which expires on 07/1212020, and is not for resale. User Notes: (1164268614) Page 168 of 356 § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Docu ents 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 flat any time the Architect's esti ate 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 Ifthe 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 conclusionofthe Constniction. 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 rnarket 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 ofthe 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. Submissio . or distribution of I struments 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 nonexclusivelicense 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 pennits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and suppliers, as well as the Owner's consultants andseparate contractors, to reproduce applicable portions of the Inst ..ments 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. Ifthe 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 entiV 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. AM Document B101 TM 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institut of Architects. All rights reserved. WARNING: This init. MAI, ocu t is nrot clad by U,S. Copyril,ht Law .nd intemation Treat" s. U authorized reproduction or di tribution of t I, ALA Docum *IA or ny 5 portion of it, may result In s ver civil and criminal penalli a d will be pros cut d to the m xi ni extent ossibie under the law. This document was produced by AIA software at 16:46:00 ET on 06/27/2019 u der Order No 2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1164268614) Page 169 of 356 § 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 ot 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 Sectio 7.3, the provisions of this Article 7 shall survive the terrnination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES 8.1 Ge eral § 8.1.1The 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 ,Substa tial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 811. § 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 AM Document A201-2017, Ge.. eral Conditions ofthe Contract for Construction. The Owner or t...re .Architect, as appropriate, shall require of the contractors, co sultants„ agents, and employees of. any ofthem, 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 da ages, losses and judgments arising from claims by third parties, including reasonable attorneys' fees and expenses recoverable under applicable law, b.. t 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 .nder this, provision shall be limited to the available proceeds of insura..:ce coverage 8.2 Mediation, § 8.2,1 Any claim, dispute or other matter in q estion 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 res. lution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters i question between them. by mediation, which, unless the parties. 'mutually agree, otherwise, shall 4:e 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 de and for binding dispute resolution. but, in such event, mediation shall proceed in advance ofbinding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of fihing, unless stayed for a longer .periodby agreement of thou parties or court order. If an arbitration. proceeding is stayed p ,,,suant to this section, the parties may nonetheless proceed to the selection. ofthe arbitrator(s) and agree upon a schedule for later proceedings. 8.23 The parties shall share the mediator'sfee and any filing fees equally. The mediation sh.all 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 inany 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 AIA Document B101 " — 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This Ai Docum nt Is brat ct d by U.S. Copyright IL w a d Int motional lir atie Unauthorized r pro uction or distribution•f thi MA' Docum int, or any ortion may r suit in sever civil and crimi ail pen and will be, pros cuted to th xlmum ott t pa ICI ti on er the lattc This document was prod ced by AIA software at 16:4600 ET on 06127/2019 u der Order No.2887812444 which expires on 07/1212020, and is not for resale. User Notes: (1164268614) 11 Page 170 of 356 [ X 1 Litigation in a court of competent jurisdiction Other: (SpeciA) 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 temitination 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 dayswritten notice to the Owner before suspending services. In the event of a s. spension 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 resu....in„g 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 pa fail substantially to 1.icrfonn in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 93, 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 terminatio.nof consult nt 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 93, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing lee, or the rnezhodfoi 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: AIA Docum ; nt = 101 n — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights r served. °WARNING: This Init. AlAo Document is protected by U.,& Copyright Law „nd intern - tional Tre-li Unauthorized r.-nroductiin or di tribution of thi MA. "locum or any 17 portion of it, may result in ev r civil end crimin wallies, and will e pros cut d to the maxim m xtent Rossini und r th taw. This document was produced by AIA software at 16:4600 ET on 06/27/2019 under Order No.2887812444 which expires on 07/1212020, and is not for resale. User Not ;s: (1164268614) Page 171 of 356 Init. § 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 Sectio 9.7. ARTICLE 10 MISCELLANE0i S PROVISIONS § 10.1 This Agreement shall be gove ed by the law of the place where the Project is located, excluding that jurisdiction's choice oflaw rules. If the parties have selected arbitration as the met od 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 Docu ent A201-2017, General Conditions of the Contract for Construction. 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, a d 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 .fights 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 sh 11 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 i 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 plirovision of this Agreement, to the fullest extent permitted, by. law, to indemnifyand hold hamiless the Architect, its officers„ partners, employees and subcons Rants (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 .....aterials 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, informationconsidered 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 10.81 This Section 10.8 shall survive the termination of this Agreement. AIA Document BlOIN —2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. ARNING: D cum nt is brat ct d by LILS. Copyri ht w an Inti,m banal Trei s. Unauthorized telt r n or distrin hen of thrr MA® Decorah. nt, r any R portion of may re Lilt in sivizi, civil and crimi p .nd will he pros ted t thi rni xi um exti, et pee,' under thii, law. This document was produced by AIA softyvar. at 16:46:00 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is ot for resale. User Notes: (1164268614) Page 172 of 356 § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 daysnotice to the other party, when required by law, arbitrator's order, or co rt order, including a subpoena or other form of compulsory legal process issued by a court or govern ental 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, co,. sultants, or contractors in order to perform services or work solely and exclusively. for the Project, provided those employees, consultants a d 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. Hit 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 s ch case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties i tentions 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: Remove existing lintel and replace with new lintel. Compensation shall be as follows: (Paragraphs deleted) Design Fees shall be a Fixed Fee of $6,500 includes basic reimbursable expenses, Architectural, Mechanical, Electrical & Structural Engineering). (Paragraph deleted) § 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 qf or basis or, compensation. If necessaiy, lisi specific services to which particular methods of compensation apply.) See Hourly Rate Table attached as Exhibit "A", § 11.3 For Additional Services that may arise during the course of the Project, inc ding those under Section 4,2, the Owner shall compensate the Architect as follows: See Hourly Rate Table attached as Exhibit "A". § 11.4 Corr 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 (Paragraphs deleted) 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 Const ction Phase Fifteen percent ( 15 %) Twenty percent ( 20 %) Forty percent ( 40 %) Five percent ( Twenty percent ( 5 %) 20 %) AIA Document B101'11 —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This AlA locum t I, protect'• by U,S, Copyri ht Low and international Trett s. Un uthorized reproducti, or di; tributton of t is AlAs cement, or any 19 p Mon f it, may re ult in severe civil and criminal p n and ill be r ceded t t' aximurn ixt p•sal•it und r tit law. This document was produced by AIA software at 1646:00 ET on 08/2712019 under Order No.2887812444 which expires on 07/12/2020, a d is not for resale. User Notes: (1164268614) 1 Page 173 of 356 Init. 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 :(":ortions. The Architect shall be entitled to compensation in. accordance with this Agreement for all services performed Whether or not the Construction Phase is commenced. fi 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. (t(applicable, attach an exhibit of hourly billing rates or insert them below) Employee or Category Rate ($O,00) See Hourly Rate Table as Exhibit "A.9. § 11.8 Compensation for Reimbursable Expenses (Basic Reimbursable Expenses are part of Fixed Fee). § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supp(emental, 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, reprod ctions., plots, and standard form docume is; .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, . ock- ps, professional photography, and presentation materials requested by the Ow er or required for the Project; If req ired 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 rei bursable 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 $11,500 to have this analysis performed and will be billed to the Owner by the Architect as a reimbursable cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. .15 Additional consultant expenses may include, but are not limited to site survey(s), soil borings etc. These expenses will be billed as a :reimbursable expense to the Owner. 11.8.2 For Reimbursable Expenses the co' ,,pensation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent ( 15.00 %) of the expenses incurred. AM Document B1011" 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This IA6 Docum int is prof ct d by U.S„ Copyritht ,,,nd int ational r sties. hauthoriz r,production r istribution of thi AIA'' Doc m,nt, or any 20 portion of it, lay result in v ri civil and on' enal p main' s, a Will pros icut• to thi aximum xtent po, dbl Lind r tit', law. This docume t was produced by AIA software at 16:46:00 ET on 06/27/2019 under Order No.2887812444 which expires on 07/1212020, and is not for resale. User Notes: (1164268614) Page 174 of 356 '11.9 Architect's Insurance. If the types and limits of coverage required in Section 1.5 are in addition to the tynes and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to (ltiStY the requirements set firth fn Section 2,5, and or which the Owner shall reimburse the Architect.) §11.10 Payments to the Architect 11.10.1 Initial Payments 11.10.1.1 An initial payment of Zero ($ 0.00 ) shall be made upon execution of this Agreement and is the inimu payment under this Agreement. It shall he 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 A-thority and necessary to achieve the Sustainability Certification., The Architect's pay ents to the Certifying Authority shall be credited to the ,i'llwner's account at the time the expense is incurred. 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise a,grecd, payments for services shall be made monti 'y 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 i 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. § 11.1 ,2.3 Records of Reimbursable Expenses, expens s pertaining to Suppiementi 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.) 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 Agree ent may be amended only by 'Ile"' i strument signed by both the Owner and Architect. 13.2 This Agreement is comprised of the following documents identified below: 1 Document B10ITm-2017, Standard Form Agreement z etween Owner and Architect 2 Additional ALA i ocument: N/A .3 Exhibits: Exhibit "A" — ISG Hourly Rate Table Init. AM Document B101Tm — 2017. Copyright, 0 1974, 1978, 1987, 1997, 2007 and 2017 by The Ame ca Institute of Architects. All rights res i,iNed„, WA" NI G: This AIA' Docui ant is prat ct.d by , I.S. C pyright Law and international Tr: -11.4.s. Unauth riz,d rrproduction or distribution of this AlA6 Document, or my 91 portion f it, may re, ult in severe civil rid criminal p nalti s, and will b pro, coot d to the maximum extent p ssini und0r th , law. This doe ment was ". / produced by AIA software at 17:48:49 ET on 06/27/2019 under Order No 2887812444 which expires on 07/12/2020, and is not for resale, User Notes: Pag4'151405-mf 356 (Paragraph. deleted) .4 Other d nt : WA. 13.3 To the maximum extent permitted by law, the Client agrees to limit the Architect and his or her subconsultant'siia iliathr the Client's damages to the sum of $50,000.00 or the resign Professional's and his or her subconsultant's fee,whichever is greater. This limitation hall apply regardless of the cause of action or legal theory pled or asserted. This . .t entered into as o the day and year firstwritten above. OWNER (Signature). Quentin Hart, Mayor (Printed rare and tit /-a ARCHITECT (Signature) Tim VerhePE, Piinci al (Printed name, title, and license n umber, i reqt i re AIA r u nt BI01 TM 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican Institute of Architects. All rights resery d. WARNING:, II L ( c u m e .. .. " proWmotional l , ... o- ,, . a+ i s !: i; " , I� , , 1 *. � �I � ItTreaties. ,� t �; «, „I Ir .�, r �,,lr,r i� I � � � ny This document �� '�� �� � �.��t�� �rrt I ��� i�";, Iti , rel, rpt { , , lxiC,Y.I tr I �� l��,,ia ,.� „ l . �iwas 22 produced by NA software at 17:48:49 ET on 1 /2 1 under Order No.2887812444 which expires on 07112/2020, and is not for resale. Us r Notes: Pag r f 356 , lir II St C7iii 7 - V Senior. Senior Slriec5s - Senior LI ritEE!ss Senior citticsisASS. s eVe ii,C7). pp! is . . 1 - Senior (LT er I - Senior. 1 - Senior 0 IS s-1„:„nat i - Senior - .4eriincr):1- - Senior ScientiattE..'ingin.,e:erc Senior Jpecia - Senior („3-aiphrirs. oa 1 - Senior c•)eriaiist 1 - Senior hsrtersor - Senior an Surveyor I - Senior $64-120 $106-190 $96-138 '120-182 $90-100 $119-190 $93-134 $109-160 $96-136 $111-190 $96-174 $106-165 $106-164 $85-105 $105-155 $110-190 $98-176 Spec - Senior Senior candscape - Senior ,arket - Senior r-(sIrlite '!„,soErser .1"lecianksal er 1 - Senior „lec,:.isra.nir - Senior - .arnsrg!,?.t- - Senior rri.prc_FirsalletE! „„„„.„,car-1!31.„„Jlta.rrts. Vir-iter 1 - Senior Visualtzation - Senior Jcleogra:12.1sier- peeia.rs„„ 1::: qUip e xpe s 3D Laser Scanner All -Terrain Vehicle Drone Mapping Grade GPS Survey Grade GPS/Roboti Traffic Counter Mileage is billed at the IRS allowable rate Consultant subcontracts are billed at cost + $88-132 $114-182 $99-135 $100-155 $117-190 $96-132 $108-141 $120-176 $155 $115-190 $120-135 $141-171 $120 Page 177 of 356 Page 178 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $35,000, in conjunction with architectural/design services for the Five Sullivan Brothers Convention C enter Exhibit Hall Ceiling Renovation Project, and authorize the Mayor to execute said document. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department Reviewer Action Date " ° . lling Anderson, Noe- Approve 7/10r 01 1 2:1 6 PM Clerk Office Even IL cAii .n Approved, 7/10/201. 2:22 PM ATTACHMENTS: Description ,. � : it i i n . e ng .enov :tion SUBJECT: Submitted by: Type Cover Me Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $35,000, in conjunction with architectural/design services for the Five Sullivan Brothers C o nventio n Center Exhibit Hall Ceiling Renovation Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Expenditure Required: $35,000 S ource of Funds : Building Maintenance Page 179 of 356 Init. 0 e t IOITM 2017 Standard Form of Agreement Between Owner and Architect AG" EEMENT made as of the Sixteenth day of July in the year Two Thousand Ninetee (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) & 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) 5 Sullivan Brothers Convention Center Exhibit Hall Ceiling Renovation, Waterloo, IA. The Owner and Architect agree as follows. OWNER " AIDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the riginal 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 B101rm —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This U% Docum t prat ct d by U.S. Co•yright La///III,!!/ n Treiti4s. Un uth riz4d r A producti n or distribution of till. ALA' Docum4nt, or any portion of it. ay r. suit in s v .r t. civil an cri o nettles, nd ill be prosecuted to the maximum extent possible under the la This document was produced by NA software at 17:48:49 ET on 06127/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: CI A Padd51 f • U3 356 TABLE OF ARTICLES INITIAL INFOR ATION 2 ARCHITECT'S RESPONSI ILITIES SCOPE OF ARCHITECT'S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCO E 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. '9 § 1.1.1 The Owner's program for the Project: (Insert the Owner's program, identify documentation that establishes the Owner's program, or tate the manner in which the program will be developed.) Unknown. § 1.1.2 The Project's physical characteristics: (Ident6 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 o 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 desi and construction milestone dates: .1 Design phase ilestone dates, if any: AIA Docu ent B101114 — 2017. Copyright° 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican institute of Architects. Alt rights reserved. WA,RNING: This AlA Docum..nt is prat cti d by U.S. Copyright L w and Int motional Tre tt Un uthorized r pr duct" n or•istributi n of t AM' Docu t, or any 2 portion of it, may r suit Mr severe civil and crimin .1 penalties, nd will b. pros cuted it the m Atent possible u er the law. This document was produced by ALA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 whic expires on 07/12/2020, and is not for resale. User Notes: (1450 ..11.030L Page 0T356 Init. Not yet determined, .2 Construction commencement date: Not yet determined. 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: (IdentiA method such as competitive bid or negotiated contract, as well as any requirements jhr accelerated or fast-track design and construction, multiple hid packages, or phased construction.) Competitive bidding. § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identijj) and describe the Owner's Sustainable Objectivefir the Project, i an))) N/A. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Doc ment E204114-2017, Sustainable .Projects Exhibit„ into this Agreement to de -fine the terms, conditions and sell/ices related to the Owner's Sustainable Objective, If E204-2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204-20 17 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 follow g representative in accordance with Section 5.3: (List name, address, and other contact infinnation.) 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 in o ?nation) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact infbrmation) .1 Geotechnical Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 AIA Document B101 — 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. VilAP,NING: Thi D cument ; prot ct d by LI,S, Copyright Law and 1M; 'motional Tr t tint uth d r ;product' n or distribution f this AIM' D porli of it rn y re ult ivit.re civil ; nd cri Mal p nalltk ,,„ and pro .ecuted to t maximui extitrit Hello Linder the law This document was produced by AIA software at 17:48:49 ET on 06/27/2019 under Order No.2887812 4 which expires on 07/12/2020, and is not for resale. User Notes: (14510;,. 0301 Page 1 • 0T356 u 2 Civil Engineer: 1 & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 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 23: (Lit name, address, and other contact in ormation) 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: 1 & 5 Group, Inc. (1SG) 314 East 4th Street Waterloo, IA 50703 .2 Mechanical Engineer: 1 & 5 'Group, Inc. (ISG) John Trickel, PE 1300 Walnut Street Suite 101 Des Moines, IA 50309 Telephone Number: 515-243-9143 Electrical Engineer: 1 & 5 Group, Inc, (ISG) AIA Document B1011" - 2017. Copyright® 1974, 1978. 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Thi, AlA 0. cum t nt is prat et by U.S. Copyri ht Law an int mad 1 Tr 4t1 s. Lin 1•riz r production or di. tributi n of this NA cu nt, or a 4 portion•r it may r, tilt in s ware civil and criminal pe lathes, and Will be pro ,',ocuted to th, axli um extent io ibis under theli This document was produced by AIA software at 17:48:49 ET an 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, arid is not for resale. User Notes: 145ci j3,8 Page f 356 Init. 1300 Walnut Street Suite 101 Des Moines, 1A 50309 Telephone Number: 515-243-9143 § 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, oth parties, however, reco! ize 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 aecormnodate material changes in the Initial Informatio § 1.3 The parties shall a,1" ee 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 E203m-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, ail or a portion of a building information model without alieement 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 E2031114-2013, Building Information Modeling and Digital Data Exhibit, and the requisite MA Document 020214-2013, Project Building information Modeling Protocol Forin.„ shall be at the using or relying party's sole risk and withoutliability 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 ay 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. AlA Document B101 TM —2017. Copyright° 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects, All rights reserved. WARNING: Thi AIA Docum nt is prat ct d Copyright Le and int motional Tr 4 ties. nouthora:d r product in or istribution f this AIA Document, or any portion of it, may rosult severe civil and cri inal penalties, and ill be prosecuted to the aximum extent pros ible und or the law. This document was produced by AIA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pag8411:raT 356 § 2.5.2 Automobile 'Liability covering vehicles owned, and non -owned vehicles used, by the Architect with policy limits of not less than One Milhon 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 habihty insurance, provided such primaty and excess or umbrella liability insurance policies result m the same or greater coverage as the coverages required under Sections 2.5.1 and 15.2, 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 exhaustionof the .underlying limits only t ough 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 thai 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 ofnot less than Three Million Dollars and Zero Cents ($ 3,000,000.00 ) per claim and Three Million Dollars and Zero Cents ($ 3,000000.00 ) 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 M. whole or i 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 Arc 'tea shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECTS BASIC SERVICES § 3.1 The Architect's asic Services consist of those described in this Article 3 and incluie 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 Ow er'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 Arc Ilitect becomes aware of any error, omission„ or inconsistency in such services or information. § 3.1.3 As soo..I. as practicable after the date of this Agreement, the Architect Shall submit for the Owner's approval a schedule for the performance of i e Architect's services. The schedule ititially shall include anticipated dates for the commencement of construction and fir Substantial Completion of the Work as set forth in the Initial Information_ The, schedule shall include allowtces 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 havingjurisdiction 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 co J mencement of construction. AIA Document 5101 TM - 2 01 7 . Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This In it. AIA DoculTI nt poet ;ct d by U.S. Copyrit ht L ; wi and Int 7 rn tional Tr ti;s. Unauthoriz d r tproducti n r distrib n of thi„. AIA ocument, or iiiny portion f it, may re ult in sev re civil an cri in p naltios„ n will be prosecuted to the m ximu ;dent pos u d; r the law. This document was produced by AIA software at 17:48:49 ET on 0612712019 under Order No.2887812444 which expires on 07112/2020, and is not for resale, User Notes: Pade501In3bf 356 Init. 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 aps royal. 3.1.5 The Architect shall contact governmental authorities req ired 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 Serlices § 3.2.1 The Architect shall review the program and other informatio filmished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's smices. § 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 (I) 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 Desi Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate„ d preliminary building plans, sections and elevatioiss; 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 ore 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. § 31.7 The Architect Shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 esign Development Phase Senifices § 3.3.1 Based on the Owner's approval of the Schematic Desiyi 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 pre. are Desi Development Documents for the Owner's approval. The Design Development Docu ,i,ents 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. AA °anent B101 - 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This MA Docum nt is pr t cte by U.S. Copyright Law nd rn ti nal Tr s. Unauthoriz.' d reproduction or &inborn n of this AIA Docu ,ent, or ny portion f it, ay r suit in sever civil and criminal penalties. and will be pr cuted to the maxi um, extent po sible under the Imv. This document was I produced by AIA software at 17:48;49 ET on 06/27/2019 under Order No.2887812 4 which expires on 07/12/2020, and is not for resale. User Notes: 41, • •0 356 init. 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accor nce wkh Section 6.3. § 13.3 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 Desi. .Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost ofthe 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 Docui,ce.nts and Shall consist of Drawings and. Slecifi.cations setting forth in detail the quality levels and perform.ance criteria of materials and systems a,. d other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additio.n.alinformation, includingShop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review i 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 betwee i 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 :id 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 le Owner's approval. 3.5 Procurement Phase Services 3.5.1 General The Architect shall assist the Owner in establishing 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 require ents and propose Contract Documents, § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of idding .Documents to prospective bidders; .2 organizing aid 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 ..fomi of addenda; and, .4 organizing an conduct cg the opening of the bids, aiid subsequently document ig and distributing the bidding results„ as directed by the Owner. § 3.5.2.3 If the Bidding Docume ts permit substitutions, upon the Owner's written authorization, the Architect shall, as an Additional Service, consider requests for s bstitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. (Paragraphs deleted) ANA Document B101174 —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AD rights reserved. IIIIARNING: This AIA' nt is rot ct d by ILLS. Copyri•ht L w nd rnati nal Tr ti s. Lin uthoriz d productio or di tiribution of thit, Docum nt, or any 8 portion of it, m. y re ult in severe civil and cri in p naiti and will be prosecut d to the axim t *tent possible flder th I t vv. This document was produced by AIA software at 17:46:49 ET on 05/27/2019 under Ord :r No.2887812444 which expires on 07/12/2020, and is not for resale. User Nat.'s: 11 Pa6lefa7bf 356 § 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 ALA Document A20tTm-2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA J ocument A201-2017, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 16.12 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 .terfonning 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 § 3.621 The Architect shall visit the site at intervals appropriate to the stage of constructiot, or as otherwise required in Section 41.3, to become generally fanuh 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 ofthe, portion of the Work. completed, and promptly report to the Owner (I) known deviations .from. the Contract Doc .ents, (2) known, deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.62.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, .e 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, reither this authority of the Architect nor a decision made iri 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, Subcontra,ctors, suppliers„ their agents or employees, or other persons or entities performing portions of t e 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 IF writing within any time limits agreed upon or otherwise with reasonable promptness. § Interpretations and decisions of the Architect shall be consistent with the intent of; and reasonably inferable from, the Contract Documents and shallbe in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure .faithful perform.ance by both Owner an 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 Docum,ents. § 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 I such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the AIA Document 101114 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: This AIA Deco lit r. or et 41 U.S. Copyright Law and int, r afional Tr atlas. Uni utho r production or distributio of this AIA Doeum t, *r any portion, of lot, may result in sever- civil and crimin.1 penafti' s, and will be prosecuted to the maxi lum extent pa- sible nder the law. This docu ent was produced by AIA software at 17:48:49 ET on 06127/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pag645P:le& 356 Architect's evaluation of the Work as provided i 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 poit indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount ceitified. The foregoing representations are subject to (I) 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 representatio# th t the Architect has (1) made ekhau.stive 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. 11 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 shallreview 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 t* ee, 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. infor ation 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 compo .ent. 3.64.3 Ifthe Contract Documents specifically require the Contractor to provide .professional design services or certifications by a desi et professional relatedto systems,. :materials, or eqnipment, the .Architect shall specify the appropriate performance and design criteriathat such services must satisfy. The .Architect shall review and take appropriate action on Shop Drawings and other s .bmittals related to the Workdesigned or certified. 'by the Contractor's design professional, provided the submittals bear :such professional's seal and signature when submitted to the Architect. •' e Architect's review shall be for the limited purpose of checking for conformance with information. given and the design concept expressed in the Contract Documents* The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Co tract Documents, the requirements for requests fix information. Requests fir 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 pro # ,ptness. If appropriate, the Architect shall prepare d issue supplemental Drawings an Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of s bmittals supplied by the Contractor in accordance with the requirements of the Contract siocuments. § 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 ocuments and do not involve an adjustment in the Contract Sum or # extension of the Contract Time. Subject to AM Init. AIA Document B101 IN - 2 017 . Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Thi , „„ ' locum nt k protected by U.S. Co a yright L4 w . nd intern . bon d Tr ,.' ti ts. nauthortz , d r prod inns r I. tribal n of this MA D cis , ,,. nt, or ny 10 portion of it, m y r suit in sever civil and cri tine! penalties, nd will be pro cut d to the maximum extent •c . ibis un er the law, This docu, ent was / produced by AIA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 which expires on 07112/2020, and is not for resale. User Notes: Pad459":§3af 356 Init. 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 1 1.2. Unless otherwise specifically addressed in this Agreement, ifneither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Paragraph deleted) (Table deleted) N/A 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Sectio.1.1 as the chitect's responsibility is provided below. N/A § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. N/A AIA Document B101Tm —2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AlA Doc m nt is prat ct d by U.S. Co yright Law and internation Tr ti s. Un uthoriz d r prod onion or distribution of this AIX' too mei* or any porti n of it, ay re ult in evere civil and c iminal enalties, nd will b prosecut d to the maximu extent p asibi und. r the law. This docu ent was I produced by AIA software at 17:48:49 ET on 06/2712019 under Order No.2867812444 which expires on 07/12/2020, and is not for resale. User Notes: Pagg4tWeff 356 Init. § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a S pplemental Service, the Sustainability Services required in AIA Docu ent E204n4-2017„ Sustainable Projects Exhibit, attached to this Agreement. The Owner shall co pensate the Architect as provi e in Section 1 1.2. § 4.2 Architect's Additional Services The Architect H ay provide Additional Services after executionof this Agreement without invalidating the Ay ee ent. Except .for services required due to the fault of the Architect, any Additional Services provided in accordance with this, Secti n 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 ani an appropriate adjustment in the .Architect's schedule. § 4.2.1 Upon recognizing the need to perfomt 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 th.e Project incl ding size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enact ent 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 thatare 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 ma or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing sigital models or ot er design documentation for 'transmission to the Owner's consultants and contractors, or to o er Owner -authorized recipie...ts; .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 Consultatio concerning replacement of 'Work resulting from .fire or other cause during construction; or, .11 Assistance to the Initial .Decision aker„ 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 exclain the facts and circumstances giving rise to the need. If, upon receipt ofthe Architect's notice, the Owner determines that all or parts of the services are not required, the Owner shall give pro . pt written notice to the Architect of the Owner's determination. The Owner shall co... pensate 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 sub,mittalschedule approved by the Architect; .2 Responding to the Co tractor's requests for information that are not prepared in accordance with the, Contract Docu.,..,0 ents 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 "Ipawings, 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 Claus as the li Wall Decision Maker; or, .5 Evaluating substitutions proposedby 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: AIA Document B10111" —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. 'WARNING: Thi Docum nt is prot clad by Ma Copyri ht L Ive and lint r ational Tr ati s. Un nth riz d r r.ducti h or distributi &this AlA Doce .nt, or $ ny porti n of it ay re ult in severe civil and cri•enaltio and l •Le pro, cuted to the maxi urn extent •s ible under thi, w. This document was I A- wil produced by AIA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pa685PO3bf 356 .1 Unlimited ( Unlimited) reviews of each Shop Drawing, Product Data item, san pie and similar submittals of the Contractor 2 Bi -weekly Bi weekly ) visits to the site by the Architect during co stniction .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 those smices that do not exceed the limits set forth in. Section 42.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initiai date of Substantial Completion identified in the a .eement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost M 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, throu_s 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 Agreet ent, 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, iH eluding (1) the budget for the Cost of the Work. as defined in Section 6A; (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. Ifthe 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 M the Project's scope '.01,d 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 limit (ions 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 ftnish services of geotec. 1.1 ical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations ofhazardous materials, seismic evalu.atio4 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 Supple ental Services designated as the Owner's responsibility in Section 41.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204T1-2017, 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 ofservices in the contracts between the AIA Document B1011" -2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. VVARNING: This Init. Auks ocum nt is pr t ct d by U.S. Copyright Law and intern bon Treat" Unauthoriz d r production or distributi n ,of AM Doom nit or a, y 3 porti•n ofresult in severe civil and crimi penalties, an will be orosecut d to the m,ximum extent pos. 'Hole under tn. law, This document was produced by AIA software at 17:48:49 ET on 06/27/2019 under Order No.2887812, 4 which expires on 07/12/2020, and is not for resale. U er Notes: Pag645Ps'i adif 356 Init. Owner and the Owner's consultants. The Ovmer shall furnish the services of consultants other than those designated as the responsibility ,of the Architect in this Agreement, or authorize the Architect to ftimish 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 sh 11 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 a. d 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, isuiance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's leeds and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner beco, I es aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instru ents of Service. 5.12 The Owner shall include t e Architect in all communications with the Coltractor 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 Ow er and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site ,11-ior 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 d relevant for the Arcir *tect 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 constructall 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 eq ipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the comb ensation 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 ofthe 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. Evaluatios ofthe Owner's budget for the Cost ofthe Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, ,preparedby the Architect, represent the Architect's ,jud,!,',...ent 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, prep,aredor 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 dete,rinine 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 ofthe Work to meet the Owner's budget. The Architect's estimate of the Cost ofthe Work shall be based on c • rrent 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. AM Document B10110 — 2017. Copyright° 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights r,served. tiVARNING: Dio cum nt is prat', cted by U.S. •yright Law ,,nd i I Tr ti is. Un ,Huth•rized r pro dation or distrib ir of this Docu nt, or any 14 portion f it, may result in s ver, civil nd crimin p.naltios, and will be prosecut.d t the maxir um extent ibi u der the law. This ,document was produced by NA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: 1,1 Padd5s"136f 356 § 6.4 if, through no fault of the Architect, the Proc rement 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 appro iriate 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 bon fide bid or negotiated proposal, the Owner .shall. .1 give written approval of an increasein the budget for the Cost of the Work; .2 authorize rebidding or renegotiating ofthe 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, 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 113; otherwise the Architect's services for modifying the Construction Documents shall be without additional compe sation. In any event, the Architect's modification of the Co i struction 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, statutoiy and other reserved rights, including copyrit its. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar put oses 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 .Architeces instruments of Service solely and exclusively for purposes of constracting„ 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 iconsultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 13, solely and exclusively for use m performing services or construction for the Project. If the Architect rightfully terminates this Ai cement 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, fiarther agrees to indemnify and hild harmless the Architect and its consultants :fromall costs and exLienses„ including the cost of defense„ related to claims and causes of action asserted by any third person or entity to the extent s ch costs LA, expenses arise from the Owner's use ofthe 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. AIA Document B101 — 2017. Copyright 1974, 1978, 1987, 1997, 2001 and 2017 by The American Institute of Architects, All rights reserved, INARNING: This Init. Docu nt is protictid Copyright Law .nd mations! Tr sties. Unautheriz,d r product' n or distributi n of this AlA locum nt, or any 5 p rtion of it, may result sev re civil d cri Inns' penalties, nd will be prosecut d to th maximum extent pos ibie und r the law. This document was produced by AIA software at 17:48:49 ET en 06/27/2019 under Order Ilo.2887812444 which expires on 07/12/2020, and is not for resale, User Notes: Pagg41121W 356 Init. § 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 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 Agree , ent, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and withinthe period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion ofthe Work. The Owner and Architect waive aU claims and causes of action not commenced rn accoi.dance with this Section 8.1.1. 81.2 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 ofsuch insurance as set forth in .ALA„Document A201—.2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate,: shall require of the con ..actors, consultants, agents„ and employees of any of them., ilar waivers m 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 hamiless 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 § 8.21 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 resolutionelf suc,h matter relates to or is the subject of a. lien arising out ofthe 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 ediation 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 ai ee otherwise, shall be administered by the erican Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for i.te ediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity aitHe'nistering 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 disputeresolution 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 a, on 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 utually agreed upon. Agree ents reached in mediation shall be enforceable as settle ent agreements in any court having jurisdiction thereof. 8.2.4 If the parties do not resolve a dispute dispute resolution shall be the f011owing: (Check the appropriate box.) ugh mediati n pursuant to this Section 8.2, the method o bi ding [ Arbitration pursuant to Section 8.3 of this Agreement AIA Document B101 Tm — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Thl AlA Document is pr•t ictid by U.S. Copyrig t Law itid Internition Tr .ati is. Urn utho 4, d r production or di. tributi n thi. AlA Docu .nt, r irny 16 portion of it m ,y result in sev re civil nd crimin 1 penalties, and will be prosecuted to the, maximum extent pos dale under the ilavv This document was produced by NA software at 17:48:49 ET on 06/27/2019 under Order No,2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pa66 '."536f 356 Init. [ X ] Litigation in a court of competent jurisdiction [ Other: (Spec.0) 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 f.'or termination or, at the Architect's option, cause for suspension of perfomiance 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 seniees, iltefore 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 perfomied 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 ie 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' writ n notice to the Architeet for the Owner's convenience and without cause., § 9.6 If the Owner terminates this .Agreement for its convenience pursuant to Section 9,5, or the Architect terminates this A .eement pursuant to Section 9.3, the Owner shall compensate the Architect .for services performedprior to termination„ Reimbursable Expenses incurred, lid costs attributable to termination, including the costs attributable to the Architect's te.miination of consultant agree , ents. §. 9.7 In addition to any amounts paid uider Section 9.6, if the Owner terminates this Agreement for its conve ence 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 firth below the amount o any termination or licensing feej, or the method for determining any termination or licensing fee) .1 Termination Fee: Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: MA Document 13101Tm —2017, Copyright©1914, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Allrights res reed. 'WARNING: This Al" Doc nt prot cted y U,S. Copyri L w and Int motional Tr ti s. Un utherized r rod cti n distribudi n of this AlAo Docum,nt, or any 17 portion of it„, may result in ev r civil and crimin 1 penalties, and ill be r secuted to the in ximum extent p ibi under the low This document was produced by NA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 which expires on 07/1212020, and is not for resale. User Notes: HO, Page9lecefr)356 Init. § 9.8 Except as otherwise expressly provided herein, this Agreementshall terrni iate 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 ant 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 oflaw 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 meani Conditions of the Contract for Construction. g as ose in AIA Document 4201-2017, General § 10.3 The Owner and Architect, respectively„ bind thems,elves, 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 langua e 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 A -cement 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 Agree tent, 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 rovision 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 atto eye fees and defense costs arising out of or in any way connected with the detection, presence, handling, re, ,,,ovat, abatement, or disposal of any asbestos or hazardous or toxic substances, products or mate 'als that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including ne ligenee, 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 s.hall. .have the right to include ph.otograp, ic, or artistic representations of the desipt 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 represe.ntatiol,s. 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 )1 e 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 sh.all survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. 10.8 Tithe Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party shall keep such informationstrictly confidential and shall not disclose it to any other person except as set forth u Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. AIA Docume t BIOITM - 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. °WARNING: This AlA Docum nt is r tt cted y C pyright Law ,i,nd timid Tre. ti Uniuthonz;d r , production or distributi to f D cum int, r iny po ion of it,„ may result in ey t re civil and criminal woollies, .nd will be prosecute•to the maximum ext.nt nossibl. under the 1.w. This document was 18 produced by NA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Paderilrbf 356 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 daysnotice 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 infonrtation is reasonably necessary .for the receiving party to defend itself in arty dispute. The receiving party may also disclose such information to its employees, 'consultants, or contractors rt. 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 M 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 i valid 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 tidiest extent permitted by law, to give effect to the parties' i tendons and purposes in executing the Agreement. ARTICLE 11 COMPENSATION fi 11.1 For the Architect's Basic Smices described under Article 3, the Owner shall compensate the Architect as follows: Remove loose paint from Exhibit Hall celeng and install new drop ceiling with new lights and diffusers. Compensation shall be as follows: (Paragraphs deleted) Design Fees shall be a Fixed Fee of 35,000 (includes basic reimbursable expenses, Achitectural, Mechanical, Electrical & Structural Engineering). § 11.2 For the Arc tect's Supplemental Services desi ated 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 or, compensation. If necessary, list spectftc services to which particular methods of conipensation apply) See Hourly Rate Table attached as Exhibit "A". § 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 "A". § 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 iddingiNegotiations Phase Construction Phase • Fifteen percent i( Twenty percent ( Forty percent ( Five percent ( Twenty percent ( 15 %) 20 %) 40 %) 5 oh) 20 %) AIA Document B101'74— 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican Institute of Architects. Ali rights reserved. 'WARNING; This MA Datum nt is pr t ct d by U.S. Copyright Law and Int man n 1Tr sties, Unautho d rporoduction or isfributi n of this MA D ; or any 19, portion of it, may result i v r civil and criminal penalti s, and will b• prosecuted to the maxi, iu ext nt possible, der th. law. This docume t was produced by NA software at 17:48:49 ET on 0612712019 under Order No.2887812444 which expires o 07112/2020, and is not for resale. User Notes: Page4114 f:°611356 11/ 1,1 I Total Basic Compensation one hundred percen 100 11.6 When compensation identified i t 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 pro % ess payments shall not be adjusted based on subsequent updates to the Owner's budget for the Cost of the Work. 11.61 When compensationis on a percentage basis and any portions of the Project are deleted or otherwise not constructed, copei sation for those portions of the Project shall be payable to the extent services are performei 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. I 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. (lapplicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category See Hourly Rate Table as Exhibit "A". Rate ($0.00) 11.8 Compensation for Reimbursable Expenses (:ask. Reimbursable Expenses are part of Fixed Fee). 11.8.1 Reimbursable Expenses are in additionto compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect a.... d the .Arc.hitect's consultants directly related to the .Project, as follows: A 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 requfred by authorities having jurisdiction over the Project; 4 hinting, reproductions„ plots,. and standard .form. documents; .5 Postage, handling, and deliver; .6 Expense of overtime work req iring higher than regular rates, if authorized ii advance by the Owner; .7 Renderings, physical models,mock ups professional photographyand 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 insur i ce coverage or limits in excess of that normally .maintained by the Arehitect'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 Certifyin.g Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project -related expenditures including municipal andior state plan review costs; .13 Life Cycle Cost Analysis (LCCA) is a process that is on occasion (depend 'g on size) required by the State Fire Marshal and is performed by the Mec.hanicaltElectrical Engineer. The engineer will study the existing system and compare to a ore 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 . „d $11,500 to have this analysis performed d will be billed to the Owner by the Architect as a reiMbursable cost. .14 Geothermal Test 'Wells will be billed directly to and paid by th.e Owner. .15 Additional consultant expenses may include, but are not limited to site survey(s), soil ba i gs etc. These expenses will be billed as a reimbursable expense to the Owner. § 11.8.2 For Reimbursable Expenses the competsation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent ( 15.00 %) of the expenses incurred. AIA Document B101nd —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Thi AIA' swell, int is pr. tr,cted y U.S. Co right Law a d Internation Tr Unauthorized r produch•o distributi n of this AlA Doren ;fit, or to ny 20 portion of it, ay re' ult in 'ev r. criminal p nalties, .nd will b ecuted to th rri Xi LIM xtent posible u d r the, law, This document was produced by AIA software at 17:48:49 ET on 06/27/2019 under Order No.2887812444 which expires on 07/1212020, and is not for resale. User Notes: Pade5T to ikt f 356 § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in additio to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set fbrth Section 2.5, and fbr which the Owner shall reimburse the Architect) § 11.10 Payments to the Architect 11.10.1 Initial Payments §11.10.1.1 An initial payment of Zero ($ 0.00 ) shall be malt 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 Pay ents § 11.10.2.1 Unless otherwise agreed„ payments for services shall be made rnonthly in proportion to services .perfortted. Payments are due and payable upon presentationof 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 ofbusiness 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 S ECIAL 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 still ed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents idectified below: .1 MA Document B10ITm-2017, Standard Form Atieement Between Owner and Architect .2 Additional ALA Document: WA .3 Exhibits: Exhibit A" ISG Hourly Rate Table AIA Document B101171 - 2 0 1 7 . Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. %YARNING: This Init. AlA Document is pret et t d by U.S. Copyright L onao and Int trn :Heel Tr ati Una thoriz,d re reduction or distribution of this ALA. Di, m nt, r ny 21 alto of it, may result in ;nay A re civil and criminal pertain -s, and will pro 'earned to the maxi u extent pee ible under the law. This doc ment was produced by AIA software at 17:48:49 ET on 06/2712019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: Pagg4sit°6i4356 (Paragraphs deleted) .4 Other documents: N/A 13.3 To the maximum extent permitted by law, the Client agrees to li 't the Architect and his or her subconsultant's liability for the Client's tamages to the sum of $50,000,00 or the tesign Professional's and his or her sus consultant's fee, whichever is g,reater. 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 (Printed name and title) ARCHITECT (Signature) Tim Verheyen, PE, Principal (Printed name, title, and license number, required) AIA Document B101n4 - 2 0 1 7 . Copyright 0 1974,1978 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. 'L:fl This Init. AlA Soo m nt prof ctH by U.S. C right L w nd riled•nal Tr ..1t1..s. Una thoriz d r product', or distribution of t is AIA, D come t, or ny 22 artier" of it„ ,y result in sever civil nd criroinal n "ties, and will b. pro ecuted to In 1. alma ext. nt pos ible under the la This document was produced by AIA software at 17:4849 ET on 06/27/2019 under Order No.2887812444 which expires on 07/12/2020, and is not fir resale. User N tes: Pades fl3f 356 5 , r:-Irtnoonisootoorooso I - 1\roi , St - Senior tre'fflt•-orcrooLo„o!closcirora oro.os'sorKporoonert - Senior B s [-less (pp I - Senior iess 1 - Senior J000.g....Csortere. •-o Senior' r',„„LOioo,,,/olo( [,:r1 _orsjogrool- •'-oo Senior co,orrorrooroourtrity ''',,,espossosoce at-111er. Senior '(o'ro.,,,,T;rors'o?rrroil_ro,000000t 000r„,., (oe ors ,,,.00No, .„,„. ooTrol ors s to, rooatoorroorri I - Senior tororo Eor,orreoo's o- 1,,00rooro„, I - Senior fi"oo:orrolosilorofirtnert ;oral Sco.crootr-rtistlEnginee!ro—Speca [sr Senior Senior rtapnosotJJolpmer - Senior 'opoecialiost I - Senior Interior Designer 1 - Senior a d :),Lirveyor I - Senior $64-120 $106-190 $96-138 $120-182 $90-100 $119-190 $93-134 $109-160 $9 1 7lfl $96-174 106-165, $106-164 $85-105 $105-155 $110-190 $98-176 „„„;l000rirsovre„soor000r Sfoorr)(2•Ci° a ILS"t1 Senior rca.eetscoape 000 1 - Senior Lan d scap e D'eS k2trorr•er Senior r'ro/larrool,oretinopr _Joss oo 1 - Senior •-• • tins (o,o)Smpf°e(:-Ia „c • • tt - ['flee 'soartical sortginee I - Senior rvirssosIlarlica, 000!signer - Senior' Prorroject, I -IV r"0 ooror tosel orloator ect at 14rger?rroo 1 - Senior . rrireroorr.....F...(rrolrao,onc°orfozoo-,,! ID -1 irS c:tni Intd Fr-rtiric'ert - Senicx- sirs n rear \oo,r oosorterr - Senior \Asr„„rializationecy'a - Senior locioerre'r7r000roa,phe,sr- st rotarrsorto Egriipment ox,p rols 3D Laser Scanner All -Terrain Vehicle Drone Mapping Grade GPS Survey Grade GPS/Robotics Traffic Counter Mileage is billed at the IRS allowable rate Consultant s bcontracts are billed at cost + $114-182 '99-135 $100-155 $117-190 $96-132 $108-141 $120-176 155 $1 1 $120-135 $141-171 $120 Page 202 of 356 Page 203 of 356 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $49,000, in conjunction with architectural/design services for the Five Sullivan Brothers C o nventio n Center Roof Facade Improvements Project, and authorize the Mayor to execute said document. City Council Meeting: 7/15/2019 Prepared: 7/9/2019 REVIEWERS: Department w. P a n.ir1 g & Clerk Office Reviewer Anderson, N oel Even, .1:. eAnin ATTACHMENTS: Description roof . `aca(ie i Troy- efits SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approve A pproved. Type Cover Me Date 7/10/'.01 ,,, 12:17 PM 7/10/201( 12:23 P M. Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of $49,000, in conjunction with architectural/design services for the Five Sullivan Brothers C o nventio n Center Roof Facade Improvements Project, and authorize the Mayor to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval See the attached agreement for Scope of Services $49,000 Building Maintenance Page 204 of 356 Init. AI Docu ent Bl Standard Form of Agreement Between Owne TM 2017 and Architect AGREEMENT made as of the Sixteenth day of july in the year Two Thousand Nineteen (In woiqs, 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, addi-es,. and other information) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Telephone Nu:, .,'ber: 319-234-1515 Fax Number: 319-234-1517' for the following Project: (Name, location and detailed ,descrip(ion) 5 Sullivan Brothers Convention Center Roof Facade Improvements„ Waterloo, IA. The Owner and Architect agree as f�flows. OWNER c\osit 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 a d 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 AA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document B101 —2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. Al! rights reserved. VillIANING: h I ,ocu ent is pr tested by U.S, Co yright Law and iniernati nal Treaties, Unauthona d r tpr Auction or distribution f this MA' Document, r any porti n of it, m y r suit in s v re civil nd cri Mal pen hies, and Will be prosecuted to the axlmum xtent po und the!. w. This document was produced by AIA software at 10:31:32 ET on 06/28/2019 under Order No.2887812444 which expih s on 07/12/2020, and is not for resale, User Notes: (1381264231) Page 205 of 356 Init. TABLE OF ARTICLES INITIAL INFORMATION 2 ARCHITECT'S RESPONSI ILITIES SCOPE OF ARCHITECT'S BASIC SERVICES 4 .SUPPLEMENTAL AND ADDITIONAL. SERVICES 5 OWNER'S RESPO SIBILITIES 6 COST OF THE INORK 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. '9 § 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. § 1.12 The Project's physical characteristics: (Identt)5, 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: MA Document B101 TM - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Instit te of Architects. All rights reserved. WA " MG: This Doeu nt is pr tent d by U.S., Copyri ht Law nd Int: r ation Tr ,i . Uni ulhoriz ;d r: production or di; tribution of this ALA Docum nt, eir any portion f it, m y r suit in r civil ,nd criminal pe ,altie, nd will hi pros cut d t' e maximw xt. nt po sible und r th law. This document was produced by AIA software at 10:31:32 ET on 06/2812019 under Order No 2887812444 which expires on 07/12/2020, and is not for resale, User Notes: (1381264231) 2 Page 206 of 356 Not yet determined. .2 Construction commencement date: Not yet determined. 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 or accelerated or ast-track design and construction, multiple bid packages, or phased construction.) Competitive bidding. 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Nen* and describe the Owner's Sustainable ONective for the Project; any.) N/A. § 11.6.1 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 inco orate 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 nameo, address, and other contact k ormation,) § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 MA Document 101 TM - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican Institute of Architects. All rights reserved. WVARNING: This int. ALA' Doc 'in nt pr tested by U.S. Copyritht LaiN and Inte ational Treaties. Uni riziA reproduction or distribution of thi currient, r any 3 portion f it, may result in s ver civil nd crimin nalti s. and Mil be pr s cut d t th maximum extent po ibl und r th Law. This document was produced by AIA software at 10:31:32 ET on 06/28/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1381264231) 4 1 Page 207 of 356 .2 Civil .'Engineer: & S Group, Inc. (ISG) 314 East 4th Street. Waterloo, IA 50703. Other, if any: (List any other consultants and contractors retained by theOwner.) 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 ,1 § 1.1.11 The Architect shall retain the consultants identified in Sections 1111.1 and 1.1.11.2: (List name, legal status, address, and other contact in °rotation) 1.1.11.1 Consultants retained under Basic Services: Structural Engineer: & S Group, Inc. (ISG) 314 East 4th Street Waterloo„ IA 50703 .2 Mechanical Engineer: I & 5 Group, Inc. (ISG) John Trickel, PE 1300 Walnut Street Suite 101 Des Moines, IA 50309 Telephone Number: 515-243-9143 Electrical Engineer: 1 & S Group, Inc. (ISG) MA Document B101 TM 2017. Copyright @ 1974, 1978,1987,1997, 2007 and 2017 by The American Institute of Architects. All rights reserved.nit, WARNING: Thi ALA' Docum int i; pr cti d by US. C pyright Law and inti m ational Tr tie Unauth d reprod ction or distributi n of this AIA Document, or 4ny p rtion of it, may r suit in s civil and criminal pimalti 5, and will e prosecut id to the maxi um ixt int p 4 [hi 4;, u der th taw, This document was produced by AIA software at 1031:32 ET on 06/28/2019 under Order No.2887812444 which exp l -s on 07112/2020, and is not for resale. User Notes: (1381264231) 4 Page 208 of 356 Init. 1300 Walnut Street Suite 101 Des Moines, IA 50309 Telephone Number 515-243-9143 § 1.1.11.2 Con lta. ts retained under Supplemental Services: None to date. § 1.1.12 Other Initial Information on which the Agreement is based: § t2 The Owner and Architect may rely on the Initial Infomiation. Both parties, however, recognize, that the Initial Info :,..ation 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. 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 E203n4-2013, Building Inform.ation. 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 witho t having those protocols set forth in AIA Document E203n4-2013, Building Information "Modeling and Digital Data Exhibit, and the requisite AIA Document G202,m1-2013, Project Building I'nfonnation 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 informatio model, and each of their agents and employees. ARTICLE 2 A C ITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide professio al 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 setvices required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perfomi its services consistent with the professional skill and care ordi„narily 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 represent ive 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 jucL ent 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 Dorris • nt B101 Tm — 2017. Copyright 01974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNI G: This A® Document is protected by U.S. Copyright La and Int. anon Treati,,s. Unauthorized r •reduction or distributl n of thi AIA Document r any portion of it, may result in sev r civil nd criminal p iti r, and11 be pr secured to tit. aximurn extent pos. ible under e 'law, This document was produced by ALA software at 10:31:32 ET on 06/28/2019 und, r Order No.2887812444 which expires o 07/12/2020, and is not for resale. User Notes: (1381264231) Page 209 of 356 Init. 1 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, ,mainte ance and use of those motor vehicles, alo g with any other statutorily required a tomobile coverage. 2.5.3 The Architect ay achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primal), 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 an.d. 2.5,2, an.d. n.o event shall an.y excess or.. umbrella liability insurance provide narrower covera.ge than the primary policy. The excess policy shall not require the exhaustion ofthe underlying limits only through the actual payment by the underlying in.surers. § 2.5.4 Workers' Compensation at statutory limits,. § 2.5.5 EmployersLiability 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.. § 15.7 Additional Insured ations. To the fullest exte t permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial Ge eral 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 insura ce to the Owner that evidence compliance with the require irents 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 .Architeet 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 infomiation..filmished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the .Arehitect becomes aware of any error„ omission., or inconsistency in. such services or infommtion. § 3.13 .As soon as practicable after the date of this ,Agreement, the Architect shall submit for the Owner's approval a schedule fer the performance of the Arch...itect's services,. 'The schedule initially shall in.clude anticipated d.ates for th.e commencement ofconstruction and for Substantial Completion of the Work as set .forth in the Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performa ..ce of the Owner's consultants, and for approval of sub.missio.ns by authorities havingjurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall n texcept fir reasonable cause, be exceeded by. the .Architect or Owner. With the Owner's approval, the .Architect sh.ali adjust the schedule, if necessary„ as the Project proceeds until the commencement of construction. 1 AIA Document 6101 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Thi; ocument i protect d byCopyri ht ILa and Internati nal Tr ti Un uthorized r production or di trIb/fl •n of fhl MA° "locum nt, or ,ny hellion of it, ay result in sev re civil nd crimin 1 pen Ines, arid will be pro cut d to fh simum po ibl rtd,,r the law. This document was produced by AIA software at 10:31:32 ET on 06/28/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1381264231) Page 210 of 356 § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution, or for the Owner's acceptance of non-confo ing Work, made or given without the Architect's written approval. § 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 famished 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 relatio ship 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 hodels„ perspective sketches, or digital representations. Preliminary selectio s 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 alteratives, 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 § 3.31 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 Pocuments shall also include outline specifications that. identify major materials and systems and establish, in general, their quality levels. ALA ocument B101 TM — 2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved. WARNING: Thi Init. AIA 10 scum ,nt retested by LES, Copyright L.w International Treati Un.uth riztd rt production or distribution el this ALA Docum nt, Or a y porti n of it, ay r. suit - re, civil and cri in p nallies, and will b pro., ecut d t. the maximum axle t possihi under th la%m This document was produced by NA software at 10:31:32 ET on 06/28/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Not (1381264231) 7 Page 211 of 356 Init. 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall sub iit the Design Development Documents to the Owner, a adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 Construction Documents Phase Services vise the Owner of any 3.4.1 t ased on the Owner's approval of the Design. Develop. ent 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 her development of the, approved Design Development Documents and shall consist ofDrawings and Specifications setting forthin 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. 14.2 The Architect shall i corporate the design requirements of governmental authorities having jurisdiction over the roject 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 describesthe time, place, and conditions of bidding, including bidding or proposal forms; (2) the "form Hof 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 est' ate 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. Followi g 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. fi 3.5.2 Competitive Bidding § 3.5.2.1 idding Documents shall consist of bidding require ents and proposed Contract Documents. 3.5.21 The Architect shall assist the Owner in bidding the Project by: .1 fa.cilitating the distribution of Bidding Documents to prospective bidders; 2 organizing and co ducting a pre-bid conference for prospective bidders, if necessary, .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the :idding 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. (Paragraphs deleted) AIA Document B101," — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. VilARNING: This ' Focument11protect d y US. Copyright Law and Int motional Tr atie . Una thori repr duction or di tribution of this AM Discumipt, or any 8 porn n of may re Lilt in sever civil and criminal p n and11pros, cut d to th iaximum xt rd possibi und r th i? law. This document was produced by AIA software at 10:3132 ET on 0612812019 under Order No.2887812444 which expires on 07/12/2020, and is ot f r resale. User Notes: (1381264231) 41 41 41 41 41 41 41 Page 212 of 356 § 3.6 Construction Phase Services 3.6.1 General §, 3.61.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Docume t A201"1-2017, General Conditions of the Contract for Construction. If the Ower 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 d ring 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 connectio 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 ,Architects 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 Constniction 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 ofconstruction, or as otherwise required in Sectio.n. 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. observedin 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 necessaiy or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Docu Tients„ whether or not the Work is fabricated, installed or completed. However, neither this a thority 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 atters 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 ofthe Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the forms of drawings. When making such interpretations 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 ifconsistent 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 MA Document B101 ' — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reser"; d. WARNING: his init. ocument i protected by U.S. Copyright L w nd Intern ti n 1 Tr tie . Unautheriz d r reduction or istri odor thi MAP D cument, or any ortian of it, may r ult in ev r civil d criminal penaiti nd will b prosecut d to th xi tu xt nt possibi end th This document was produced by AIA software at 10:31:32 ET on 0612812019 under Order No.2887812444 which expires on 07112/2020, and is not for resale. User Notes: (1381264231) 91 14 41/ 91 4, 91 9 Page 213 of 356 Init. 1 Architect's evaluation of the Work as provided in Section 16.2 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 pro Hessed 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 amo nt certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract 1 ocuments 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. § 3.631 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, technives„ sequences or procedures, (3) reviewed copies of req isitions 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 nreasonably delay or withhold approval of the schedule... The Architect's action in reviewing submittals shall be taken in accordance with the approved sub ..,ittal 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 checki. g for conformance with information given and the design concept expressed in the Contract Documents. Review of such. submittals is not for the purpose of determing 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 desi 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 .Ai-chitect shall review and take appropriate actio,.. on Shop Drawings and other submittals related to the Work designed or certified by the Contractor's design professional, provided the su mittals 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 confermance 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 42, the Architect shall review and respond to requests 'fOr information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimu., , 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 Doc ments and do not involve a adjustment in the Contract Sum or an extension of the Contract Time. Subject to AIA Document B101Th” — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WA,RNING: This AM atom ,nt is prat ct ,;,d by U.S, Copyrit ht Law and Int ,rnati•al Tr ati nauth riz ,d1 re rod orlon or Oi tribution f thi AlA Domini ist, Or any portion of it, may r ',suit in evere civil and criminal p rnalti ° , and will hr prosecuted to th est Li' est nt pos, ibis undtr th law, This document was 10 produced by AIA software at 1031:32 ET on 0612812019 under Order No 2887812444 which expires on 07/1212020, and is not for resale. User Notes: (1381264231) Page 214 of 356 Init. 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 deter.: ine the date or dates of Substantial Completion a d 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 1.1-.w .'Payment based upon a .final, inspection indicating that,. to the best of the Architect's 'knowledge, information, and belief, the Work complieswith the requirements of the Contract Docui ents. § 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 Su , 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 s reties, 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 hens, 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 perfomiance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services §, 4,1.1 The services listed below are not incl. ded 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. (Paragraph deleted) (Table deleted) 'N/A § 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. N/A § 4.1.2.2 A description o each Supplemental Service identified in Section 4.1.1 as the Owner's responsibility is provided below. N/A AM Document B101 M — 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The Am ric. Institute ,of Architects. All rights reserved. WAR ING: This AIM Dacus ent is protected by U.& Copyright Law nd Int rational Treat" s. Unauth rized repr ducti.on or distributio of this ALA" Docum nt,, or any portio of it, may result in s yen) OA and criminal pe alb s, nd be prosecuted to the ma UM ext, pos 1131 mad r th law. This document was 11 produced by AIA software at 10:31:32 ET on 06/28/2019 under Order No 2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1381264231) Page 215 of 356 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 the Architect as provided in Section 11.2. 4.2 Architect's Additional Services The Architect may provide Addition.al. Services a er 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 Sectio 1.1.3 and a appropriate adjustment in the Architect's schedule. § 4.21 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 struments of Service; 3 Changi g or editing previously prepared Instruments of Service necessitated by officialinterpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the, applicable authorities having j Jisdiction made prior to the issua.. cc 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 designdocumentation for trans., ,,, Hission 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 prese...tation, .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 I itial Decision Maker, if other than the Architect. 4.2..2 To avoid. d.elay in th.e Construction Phase, th.e Architect shall provide the following Adiitional S,ervices, notify the Owner with reasonable promptness, and explain the facts and circ '.....stan.ces, giving rise to the need.. If, upon receipt of the .Architect's n.otice, the Own.er deteimines that all or parts of the services a,re ..ot required, the Owner shall give prompt written. notice to the Architect of the Owner's dete . The Owner shall compensate the Architect for the services provided prior to the Architect's receipt of the Own.er'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 i„, accordance with the Contract .Documents or where such information is available to the Contractor from, a careful study and comiarison of the Contract 'Documents, .fi.eld conditions, other Owner -provided information., Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders an.d 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 s rbstitutions proposed by the Owner or Contractor and 'making subseq e.nt, revisions to Instruments of Service resulting therefrom., § 4.2.3 The Architect shall provide Constructio Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: MA Document 101 TM —2017. Copyright @ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WA NING: Init. AlIVI Document is r ticted by U.S. Copyright La ',rid Int m Donal Tr s, Una thoriz d repr ucti n or di Aributi n f AlA °CUM nt. or any portion et it, y re ult in s iveri 12 civil and criminal p,,inri s and will be pros outwit to th maxirnu at nt Inossible un r th law. This document was produced by AIA software at 10:31:32 ET n 06/28/2019 und r Order No.2887812444 which expires on 07/12/2020, and is not for rose! User Notes: (1381264231) Page 216 of 356 Init. .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 c nstruction .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 req ireme ts of the Contract Documents 4 One ( 1) i spections 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 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 a d Contractor, whichever is earlier, shall be compensated. as Additional Services to the extent the .Architect incurs additional cost in providing those Constniction Phase Services. § 4.2.5 If the services covered by this Agreement have ot been completed within Twenty-fbur ( 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 ; constrai.,..ts 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. lithe 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, pave.. ents and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrietions, easements, encroachments, zoning, deed restrictio s, 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 test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground. corrosion tests and resistivity tests, i eluding 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 i MA Document E204"1-2017, 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 AIA Document B10111, — 2017. Copyright C) 1974, 1978, 1987, 1997,2007 nd 2017 by The American Institute of Architects. All rights reserved, WARNING: 'This AIA® locum nt pr teat d by LI,S. Co yright Law nd International Treaties. Uri uthorlz reps duction dhitObution AlA Document, or any porn n of it, may result in sever civil nd criminal p naltl arid will b prosecut d to th maximum extent po satin dirr the 1 w, This document was produced by AIA software at 10:31:32 ET on 06128/2019 under Order No.2887812444 which expires on 07/12/2020, and is ot for resale. User Notes: (1381264231) 5/ 15/ 5/ Page 217 of 356 init. 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 'famish 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 fOrnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any tine 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 faultor defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. 5.12 Tihe Owner shall include the Architect in all communications with the Contractor that relate to or affect the Arc, , tect'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 a d 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 Ow er 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 o f this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all el e ts of the Project designed or specified by the Architect and shall iclude contractorsgeneral conditions costs, construction anager's fees, if any„ and overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equiprrent, donated to, or otherwise fumished 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 ofthe 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 biddi u g, market, or negotiating conditio s. 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 dete ine 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 Workshall be based on current area, volurne or similar conceptual. estimating techniques. If the Owner requires a detailed esti„ ate of the Cost of the Work, the Architect shall provide such an esti, ,..ate, if identified as the Architect's responsibility in Section 4.1.1, as a Supplemental Service. AIA Document IB101 - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The A erican Institute o Architects. AH rights reserved. WARNING: T ALA' cument is prat tot, d by U.S. Copyright Law and Mt rmation «I atii, Una ,thorlz,,d reproducti n or di tribution of thi litiacum,,ht, or any JI of It, m r suit in ev ri civil .,nd criminal nr, Ities and will pr « cut d t aximum t p s4ibt; und r th law. This document was 4 produced by AIA software at 10:31:32 ET on 06128/2019 under Order No.2887812444 which expires on 0711212020, and is not for resale. User Notes: 04, (1381264231) Page 218 of 356 § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Const .ction 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 !fat 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 autho ze 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 66.4, the Architect shall modify the Construction ll'ocuments 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 trans tting 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 Architects consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Sfiecifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of. Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using„ maintaining altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and .Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to a thorize 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 perforating 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, includingthe cost ofdefense, relatedto 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 ofthis Section 7.3.1 shall not apply ifthe Owner rightfully ternunates this Agreement for cause under Section 9.4. AIA Document B1017" —2017. Copyright©1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved.1 nit. ViIARNI G: This Alifteft Document or tett- d by LIS. C pyrighit Law and ational Tr „ Unauthorle•T re notion or di .trinution of this MA Douai fent, or any porti n of it, y re, nit in .„ ever, civil and crimi penaiti s, and will e pre, dented to th, ximum exte t pos, inder the law. This document was '11 produced by NA software at 10:31:32 ET on 06128/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: (1381264231) Page 219 of 356 § 7.4 Except for the licenses granted in this .Articie 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegatesublicense, 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 73, 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 co mence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or othenvise, 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 alter 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 8.1A. § 8.1.2 To the extent damages are covered iy property insurance, the Owner and Architect waive all rights against each. other and against the contractors, consultants, agents, a d employees of the other for damages, except such rights as they may have to the .proceeds, of such insurance as set forth in MA 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 e umerated herein. 8.1.3 The .Architect shall indemnifij,,,, 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 .perfortnance of professional services under this Agreement The Architect's duty to indemnify the Owner under this provision shall he 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 co dition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien wising 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 endeavl:r to resolve claims, disputes and other matters in question between .them by mediation, which, unless the parties mutually agree othenvise, 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 mediatio . The req est may be made conc. Trendy 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 ediation shall he held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in ediation 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 AIA Document 181017°4— 2017. Copyright 0 1974, 1978, 1987, 1997, 2007 and 2017 by The A avian institute of Architects. All rights reserved. WARNIii iG: Thi I nit. Ai ocu ent is protected by ILLS C pyright Law and Int '; ti nal Treati Unapt•riz .d reproduction or distribution of th14 to cument, or any 16 portion of it, ay r ult in ever, civil andnalti Ind will ts, pros ,cuted to th iu xt ,nt p• ssibli, under th This document was produced by AIA software at 10:31:32 ET on 06/28/2019 under Order No.2887812444 which expi s on 07/12/2020, and is not for sale, User Not (1381264231) Page 220 of 356 [ X I Litigation in a court of compete t jurisdiction [ ] Other: (Spec/10 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 a d 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 senrices. 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 Ower suspends the Project for more than 90 cumulative days for reasons other than the fault Architect, the Architect may terminate this Agreement by giving not less than seven dayswritten notice. f the § 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 parry 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 teminates 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 amour ts 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: (Setforth below the amount of any termination or licensing fee, or the method for determining any termination or lieensingfee) 1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect's Instruments of Service: AM Document B101 TM —2017. Copyright 1974 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This init. ALA' Document is protected by U,S., Copyril ,nt Law and Int. mAional Ire ties. Unautheris d reproduction or distribution of this Ai". ccom any 7 portion cif it, ay r suit in s v re l and criminal penalties, and %sill b pro: cut id to the mi xi um extent possible und r the liosc This document was produced by MA software at 1031:32 ET on 06/28/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. (1381264231) User Notes: Page 221 of 356 § 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 temyination 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 govem Section 8.3. 10.2 Terms in this Agreement shall have the same meaning as those in NIA Conditions of the Contract for Construction. 111 o ument A201-2017, General § 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. conse'. t 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 assi. ment. § 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 ca se 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 substa ces in any form at the Project site. § 10.6.1 The Client agrees, , otwithstanding any other provision of this Agreement, to the .fullest extent permittedby. 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, includ g 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 ofthe 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 termin.ationof this .Agreement unless the Owner teminates 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. AIA Document B101Tm —2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American institute of Architects. Ail rights reserved. %MofNING: This AlA Domini', nit is protect y U.S. Copyright Law and 1 itirrni,tional Tr sties. Unauth rized r production or distribution of thi', floc ,rnt, or any porti n f it, m y r nit in v r civil and cri nnal penaltio n will b pr s cut id to th maxi um xtent un er th ;last This document w s produced by NA software at 10:31:32 ET on 06/28/2019 under Order No.2887812444 which expires on 07/12/2020, and is ot for resale. User Notes: 000 40 001 41 41 (1381264231) 8 Page 222 of 356 init. § 10.8.1 The receiving party may disclose "confidential" or "business proprietary" information after 7 daysnotice 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. fi 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. Hit 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: Remove exterior roof truss system at the perimeter and complete facade improveme ts at roof. Compensation shall be as follows: (Paragraphs deleted) Design Fees shall be a Fixed Fee of $49,000 includes basic reimbursable expenses, Architectural, Mechanical, Electrical & Structural Engineering). (Paragraph deleted) § 11.2 For the Architect's Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.13, the Ower shall compensate the Architect as follows: (Insert amount of or basis for, compensation. If necesswy list specific services to which particular methods of compensation apply) See Hourly Rate Table attached as Exhibit "A". § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall com ensate the Architect as follows: See Hourly Rate Table attached as Exhibit "A", § 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 Desi Development Phase Construction Documents Phase Bidding/Negotiations Phase Construction Phase Fifteen percent ( 15 %) Twenty percent ( 20 %) Forty percent ( 40 %) Five percent ( Twenty percent ( 5 20 %) AIA Document B101 TM 2017. Copyright 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: "This Abe Document is prot ct d by U.S. Copyright L 1,A0 and intemation' 1 Trestle Unautii dud reproduction or distribution of this AlA6 Docu, ant, 0 r any 19 portion of it, may r suit in s v civil and cri nisi penalties, nd will be pr•s cuted to t e maximu xt po sibl und r thr Law. This document was produced by AIA software at 10:31:32 ET on 06/28/2019 under Order No 2887812444 which expires on 07/12/2020, and is not for r sale. User Notes: 111 (1381264231) Page 223 of 356 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 pay.r ents 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, come ensation for those portions of the Project shall be payable to the extent services are .performed o those portions.. The Architect shall be entitledto com ensation in accordance with this Agreement for all services performedwhether 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 ($O00) See Hourly Rate Table as Exhibit "A". § 11.8 Compensation for Reimbursable Expenses (Basic Reimbursable Expenses are part of Fixed Fee). § 11.8.1 'Reimbursable Expensesare 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 sentices, 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 tha regular rates, if a thorizedin advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and .presentation materials. requestedby the Owner or req.nired for the Project; .8 If required by the Owner, and with the Owner's prior written approval, the .Architeces 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 .Arehitect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; 0 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 perfo... ed 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 $11,500 to have this analysis performed and will be billed to the Owner by the Architect as a reimbursable cost. .14 Geothermal Test Wells will be billed directly to and paid by the Owner. .15 .Additional consultant expenses may include, but are not limited to site survey(s), soil borings etc. These expenses will be billed as a reinibursable expense to the Owner. 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus Fifteen percent ( 15.00 %) of the expenses incurred. AIA Docum nt B101 TV - 2017. Copyright ©1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNI This Init. Doeu, nt prot,ct;d by Copyright Law n Intematiorn I Tr tie . Unauthorized r productio or di tri)ution of this AIA'' Doc m4rit, or any portion of it, y result in sev re civil and crt H. naltl and will b bra, l;cuted to the axi Xt t •ssibie nd r the I This document was 20 produced by MA software at 10:31:32 ET on 06/2812019 under Order No 2881812444 which expires on 07/12/2020, and Is not for resale. User Notes: (1381264231) Page 224 of 356 I it. 1 § 11.9 Architect's Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Ower shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to sarisfj the requirements set Ibrth in Section 2.5, and or which the Owner shall reimburse the Architect) 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Zero ($ 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 Sustain bility 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 ti e to time at the princi al 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.) ARTICLE 13 SCOPE OF THE AGREEH ENT § 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 mitten 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 ALA Document B101Tm-2017„ Standard Form Agreement Between Owner 2 Additional AIA Document: N/A .3 Exhibits: Exhibit "A" — ISG Hourly ate Table d Architect MA Document B101 TM - 2017. Copyright© 1974, 1978, 1987, 1997, 2007 and 2017 by The Ame can Institute of Architects. All rights reserved. 'WARNING: This AIA. Comm Ent is rot ot d by U.S. Copyright Law nd rnati 1 Treaties. Lin utharized r prod cti n r istri lotion of this cumenl, or any 91 pelt n f it„ ay re uit in severe civil and criminal penalties, and will be r secuted to the maxi m extent possibi un er th law. This document was produced by AIA software at 10:31:32 ET on 06128/2019 under Order No.2887812444 which expires on 07/12/2020, and is not for resale. User Notes: 11 ' 11 Pag6522528f 356 InIt. (Paragraphs deleted) .4 Other documents: 'N/A § 13.3 To the maxi um, 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 is 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) uentin Hart, Mayor ARCHITECT (Signature) Tim Verhe en, PE, Princi al (Printed name and title) (Printed name, title, and license number, ifrequired) AIA Docu ent B101-"" 2017. Copyright@ 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is pr t d by U.S. Co•yright Law andtioIr al Trot ti Un uth.irtz r production or distrhiution of t hi AM' Docum nt, r ny po ion of it, may re-ult in s vere civil and criminal p. nalties, and will be prosecut .d to tit timum xtent pos Rale under th t law., This docu ent was 2'2 produced by AIA software at 10:31:32 ET on 06/28/2019 under Order N..2887812444 which expires on 07/12/2020, and is not fur resale. User Notes: Pade2* bf 356 riiitiit\ (111 , "1,111 - 1\,/ 1 - Senior (11'1111-!'e' I - Senior. Senior 1.7en, r- , 1 " Senior - Senior 1 - Senior 1 - Senior sp,Lciahst. Senior Interior Dever Senior. Lapd 'Snsugryeyors - Senior' 111" -)ii 1:1: 11 164-1 2C) $106-190 $96- 120-182 1$90-100 1,1 19-190 11593-13-4 $109-160 1$9,6-13,6 $96-174 $106-165 106-164 5-105 $105-155 110-190 $98-176 „Di„,„„1,111,111t11.11/: "1"1",,e1111,1,1f,, 1 -Snio- „Larril „1"11„irreir: 1 - Senior ariketng Senior 1'1 ei I . Seniot- c t111 a 1-1 ,t111.. 1E-11 ttt,,111',1,2. "111 (tt!' r11 - Senior - Senior' epgrap er' Eicae,!pirr xpenses 3D Laser Scanner Ail -Terrain Vehicle Drone Mapping 'Grade GPS Suriey Grade GPS/Robotics Traffic Counter Mileage i billed at the IRS allowable rate Consultant subcontracts are billed at cost +1 0% $8a- 32 $111-182 $9935 $100-155 $117-190 1596,-131_ $108-1,H $120-176 153, ) $121: -133 141-171 120 Page 227 of 356 Page 228 of 356 CITY OF WATERLOO Council Communication Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment N o . 1 to remove properties from the TIF area. City Council Meeting: 7/15/2019 Prepared: 6/26/2019 REVIEWERS: Department a -n ningY Clerk Office n.in. ATTACHMENTS: Description (.M, ossroa .s Waterloo ArT emrm :!;.nt 1 i final Attachment 13 Legal 1:)escmre ptiomrm. Memo P&'" ' Commission . mefldf en..t 1 and . .mendmen12, to the Crossroads 'FT 0 0 Reviewer schroe (.'fer, Aric ver v 1..,eAnn Action Approved Approve� i Type Trioval ,.meas Back i t ,m, mil SUBJECT: Submitted by: Recommended Action: 13ack:gym.p Material. ck m, p Material. Date 6/26/20 1_ ::12 PM 7/1/201 :22 PM Motion to receive, file, consider and pass for the second time an O rd inanc e providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community S cho of District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies, advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. 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 The Crossroads Waterloo Urban Renewal and Redevelopment Plan is being amended to remove multiple areas from the existing TIF boundary. By separate action, it is proposed that these areas will be put back into the TIF boundary, as well as adding several other areas into the TIF boundary. The areas being removed and then put back in the TIF are either undeveloped areas that are not likely to develop before their 20 year sunset, or are existing developed areas that have seen recent significant decline in value causing the TIF District to have no increment (no increased taxable value over the base year value). The amendment will establish a new 20 year sunset for these areas. Once removed from the existing TIF, any increment will be released Page 229 of 356 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which is proposed to be held on June 19, 2019. The Planning, Programming and Zoning Commission unanimously recommended approval of the proposed amendment at their regular meeting on June 4, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. See Attached Page 230 of 356 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. AMENDMENT 1 TO CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN RECITALS A. On November 17, 2014, the City Council of the City of Waterloo, Iowa (the "City") adopted Ordinance No. 5253 and on November 10, 2014 adopted Resolution No. 2014-965, determining that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the amended and restated Crossroads Waterloo Urban Renewal and Redevelopment Plan of the City of Waterloo Iowa (the "Plan"). B. The City desires to amend the Plan to reduce the area included therein and to update related information in the Plan. Said amendment may be referred to as Amendment No. 1 removal area. AMENDMENT NOW THEREFORE, the Crossroads Waterloo Urban Renewal and Redevelopment Plan, as previously amended and restated, is hereby further amended as follows: 1. Attachments A and B to the Plan are hereby stricken in their entirety, and the new Attachments A and B which are attached hereto are substituted in their place so that the Plan shows the current legal description and map, describing and depicting the boundaries of the Crossroads Waterloo Urban Renewal and Redevelopment Plan and TIF District, as amended. 2. The attachments listed below, each of which is attached hereto, are included in this amendment to show compliance with procedural requirements under state law for adoption of this amendment, but do not replace or supersede similar attachments to the original Plan or any amendment thereto adopted prior to this amendment: Attachment G (Planning, Programming & Zoning resolution) Attachment H (notice of consultation) Attachment! (resolution adopting this amendment) Attachment J (ordinance adopting amended TIF district) Attachment K (notice of public hearing published) Attachment L (notice of public hearing posted) Page 231 of 356 3. Except as modified by this amendment, the Plan, as previously amended, shall continue unmodified in full force and effect. PASSED AND APPROVED this day of , 2019. ATTEST: Kelley Felchle, City Clerk 2 Quentin Hart, Mayor Page 232 of 356 I I I I H IZI I I I I I I_I__I__I_I_ LI 1---W-A-11-1 I I IJ.WU I \l \\ 2 11-'11=1 Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal [010=111111111111 111 1 iii iii ni ..�.��ii i IiiiII�'IIJ__I E Ridgeway AvI�, mite..014,111k8,-*_.\ - • \ % 1 38011��1111111I,�R_tLti4L4 1 I{ 1[1(11 _1I11I 1 11 Legend Removed Areas Existing TIF District Boundary Flammang Dr 110111011101,,,,,,111 Highway20 uu>niun�i�'u'+asuRwra�r E Shaulis Rd )%)N....oii;`~i Ili, l %i'= IIIIINII�� —■ rca�111111111 1,111 I I!tlNNilttVINNIIIIIIVIIIVIIIVIIIIUgpW;INWRIN1,,,,!'WRI ,,,,,%'WRI ,,,,,!'W1,, Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail Flam mang D •......s Removal Area •.....••• ••••••••• !iTiTiTiTi!i�i!%Ti!�►Ti!i!iTiTi - • :►♦ ►:� ..•��.•.♦ �+.•:+*4 ►:�;►♦;Removal AreaA 4' 1 ••••••�Southtown Dr •"� Legend Removed Areas Existing TIF District Boundary • • Removal Area 4.1 Highway 20 r ‘14° lk Flammang Dr MEI MEI IIQIIIVIIIVpIl111111pIIIp11IIIpIl111111pIIIp11IIIIIQIIIQIIIVIIIVIIIIIVIIIVIIIVIIIVIIIIURttPNWR!1111Ho INoaoIIURttPkWR!1111,o INoao1IIVIIIVIIIVIIIVIIIIURttPkWR!1111,0 INoao1IURttPkWR!1111,o INoHmlIIVIIIVIIIVIIIVIIIIURttPkWh'Y 20 1 200 400 800 1111111 11111111 11111111 111111111 23 of� 56 1111 1111 II11/ \ \\ 1 \\ \\\ 1 \\ u Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail Legend Removed Areas Existing TIF District Boundary 380 380 380 Removal Area Flammang Dr G'k 4 - • 250 500 III km 1,000 Feet Page 235 56 Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal Detail 1U IOIONU11IOQINI0001,IOQO1,IOQO1,IOOQO1,IOQO�IOQ1N-nhpm Legend Removed Areas Existing TIF District Boundary Removal Area 0 1, ♦ ♦ � ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�� �•ii�41m��� 1, ' - - • ♦♦♦♦♦♦♦♦♦♦♦♦� o tio • • / ? o o 1 • - - - - - - E Shaulis Rd - Z;;;;;;- ;;•���������••— - -� if 4. .......................................................... ..... • ♦���♦♦iii 0 j♦j♦♦♦j♦♦♦j♦♦♦♦♦♦♦♦♦j♦j♦j♦j♦j♦♦♦j♦♦♦j♦♦♦♦♦j♦j♦j♦j♦ Rem oval Area4♦♦♦♦♦♦�� �i��♦i0♦i�i�i�i♦i♦i♦i♦iL♦♦♦♦• i♦i♦i♦i♦i♦i♦i♦i'♦�i'♦�i♦i♦♦♦♦♦♦♦♦�i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦iii♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i♦i�i�i�i�i4► •i♦iiiiiiiii♦i♦i♦i♦iiiiiiiiiii♦i♦iiiiiiiiiiiii♦iiiiiiiiiiii♦i♦iiiiiii♦iiiiiii0 4 40 Removal Area ce 40 -- ---------------------------------------------------------- ►-4 . , GAG ►1/♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦�0 40 �i�♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦� ► VIIP ‘0** 1 i ft -1!•,..7.-411,k,-.- )11/P111111111111111100;-000ii 1,600 Fee Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 237 of 356 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Page 238 of 356 Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007- 016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Page 239 of 356 Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line Page 240 of 356 of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Page 241 of 356 Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast comer of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest comer of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 242 of 356 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Maman Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Page 243 of 356 Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007- 016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Page 244 of 356 Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line Page 245 of 356 of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Page 246 of 356 Mayor QUENTIN HART CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: May 23, 2019 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendment 1 and Amendment 2 to the Crossroads Waterloo COUNCIL Urban Renewal and Redevelopment Plan MEMBERS ••••••••••••••••••• Planning staff is proposing to amend the Crossroads Waterloo Urban Renewal and MARGARET Redevelopment Plan and TIF District by removing multiple areas from the existing KLEIN TIF boundary, and then putting those areas back into the TIF boundary, as well as Ward 1 adding several other areas into the TIF boundary. The areas being removed and then BRUCE put back in the TIF are either undeveloped areas that are not likely to develop before JACOBS their 20 year sunset, or are existing developed areas that have seen recent significant Ward 2 decline in value causing the TIF District to have no increment (no increased taxable PAT value over the base year value). The amendment will establish a new 20 year sunset MORRISSEY for these areas. Once removed from the existing TIF, any increment will be released Ward 3 from the TIF, and once put back in, the current values will become the new frozen ER base that is released to all taxing entities, including the City of Waterloo's general J oME AMOS fund. Only development increment from future dlo ment of these areas would be Ward 4 captured by the TIF. The new areas being added that were not previously in the TIF include 1) the area West of Hess Road between Highway 20 and E. Shaulis Road, 2) RAY the Northwest corner of Texas Street and E. Shaulis Road, and 3) the La Porte Road FEUSS Ward 5 corridor from Hawthorne Avenue to E. San Marnan Drive extending East to the Iowa Northern Railroad. This would appear to be the best model to accomplish economic SHARON development of this area. The amendment will also update projects and project JUON budgets to be included in the Plan, and include other general updates to the Plan. At -Large STEVE Attached are three maps, including a map that shows and aerial photo of the SCHMITT Crossroads Waterloo Urban Renewal and Redevelopment Plan Area TIF District At -Large Boundary, as well as a map that shows what areas would be removed (Amendment No. 1), and then a map that shows the new areas and areas to be put back into the TIF District (Amendment No. 2). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 247 of 356 � I A I x 41 r,o � om Iy lY ,.. MV VmM! IdV+ I U1 IIIP1111 I(I uIII uIIINIINppIV"' 'lR Vlli "I P' VM, Iii;i 111 fl,el i1 1 ii illlW 11 III uYI /',', �iil, V�',vllytl Iry *,„1110,,1 IW1W 11,11Nl�','�"��������rl Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion I�I�I°�',: �14�fllloY ryrwwlrlliqv,I,N�vrIP' I�➢ yj�� q IIIIIIII II�III�{�iII�I��VII�il�llhi 4111 �rY 111 l'I�I'u' glhq( I,ipwill"' 'iii IllllI lllilllulllllllll llil@ E Mitchell Av TIF Expansion Area I=1 Existing TIF District Boundary I1I11 ��� IVVu'III,,IIdh Iiiiii3llllllllllllll°i Nim#,�,rcM, 100„11100,1,, IIIIPo II �; a�I I iii��lllll�llllllllllllllllllllllllllllllllllll Illllilllllllllllllllllllllllllllllll����� 111111111111111111111111111 1111111,10111, ��� Illllllllllllllllll��llllllllllllll�lllf l�lllry �, d ( "IIIIIIII IIIIIIII1 011111 VIIIA� ��II�I14y I !IIIIII H�°1IINI1III 'ViI��Il�yl Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll1 IIIIIIIIIIIIIIIII IIIIIIII olooloolool000 VIII II,ullili I';iilW Y1 WHmiW ��IIIIII��, m'"I a11U1 'II HIIWIY 11d %Ir �I11iNlllll�ll �; II., II'vw� iii ^@Ud� ViNuVl 1°titl'llb mmnlnl, ��aar 'wnuxv ulwu'al'� im,muuwr ruMwf^ I I I I H IZI I I I I I I_I__I__I_I_ LI 1---W-A-11-1 I I IJ.WU I \l \\ 2 11-'11=1 Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal [010=111111111111 111 1 iii iii ni .. , �� �i�jJ E Ridgeway Avi 1 I{ 1[1(11 _1I11I 1 11 Legend Removed Areas Existing TIF District Boundary Flammang Dr 110111011101,,,,,,111 Highway20 uu>niun�i�'u'+asuRwra�r E Shaulis Rd )%)N....oii;`~i Ili, l %i'= w1 • =WI Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion :11111111111 11111111111111 111111111111111 11111111111 Hi 11111111 1111111111. 11111 Hawthorne Av IIIIIIIII 11111111 I h--IIII 111 111 �► Legend TIF Expansion Area Existing TIF District Boundary 11111111111111111 1111111111111111 Cornwall Av 11111111111111111 11111111111111111 a 1111■1■11 1/1111111 ar�`3�►�47/,1iri, �t •I■1111 111111 Ia t..4A4A1Ak1' Ne•;•— �_�1 Highway 20 E Shaulis Rd )11/4111'11;h:00 Billy °�%/ 1 911111111111111JJJ j, „ii„, III IIII111111w godi 0.5 Miles 250 of 356 CITY OF WATERLOO Council Communication Crossroads Waterloo Urban Renewal and Redevelopment Plan Amendment N o . 2, to expand the boundaries,update projects, include additional projects, update related financial information, and include other general updates to the plan. City Council Meeting: 7/15/2019 Prepared: 6/26/2019 REVIEWERS: Department & P laming Clerk Office Reviewer Schroeder, oeder, .\.ric Even, 1.. CJ rmmrm. ATTACHMENTS: Description Crossroads ..111 Pan.. mend en : No 2 m0 M erno & hiss on I\:mertdrnent 1 an : Amendment 2 to: he Crossroads 'VLF F CI Attachment 13 L egad .Description 0 SUBJECT: Submitted by: Recommended Action: Action Approve Approved Type .11-1al. i:. ackup .ateri .. .::3a G:m:mtJllr`JIL� .. 13L. i M ateriall. Date 6/261201 9 3 :12, P M 7/1/2019 2:2,8 PM Motion to receive, file, consider and pass for the second time an o rd inanc e providing that general property taxes levied and collected each year on all property located within the newly described Crossroads Waterloo Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community S cho of District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with said Urban Renewal Project. 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 By separate action the Crossroads Waterloo Urban Renewal and Redevelopment Plan is proposed to be amended to remove multiple areas from the existing TIF boundary. This amendment will put those areas back into the TIF boundary, as well as adding several other areas into the TIF boundary. The areas being removed and then put back in the TIF are either undeveloped areas that are not likely to develop before their 20 year sunset, or are existing developed areas that have seen recent significant decline in value causing the TIF District to have no increment (no increased taxable value over the base year value) . The amendment will e s tab lis h a new 20 year sunset for these areas. Once removed from the existing TIF, any increment Page 251 of 356 Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: will be released from the TIF, and once put back in, the current values will become the new frozen base that is released to all taxing entities, including the City of Waterloo's general fund. Only future increment from future development of these areas would be captured by the TIF. The new areas being added that were not previously in the TIF are generally located: 1) West of Hess Road between Highway 20 and E. Shaulis Road, 2) the Northwest comer of Texas Street and E. Shaulis Road, and 3) the La Porte Road corridor from Hawthorne Avenue to E. San Maman Drive extending East to the Iowa Northern Railroad. This would appear to be the best model to accomplish economic development of this area. Amendments to a TIF Plan require a consultation with taxing entities, which is proposed to be held on June 19, 2019. The amendment will also update projects and inc lud e additional projects and update related financial information, and include other general updates to the Plan. The Planning, Programming and Zoning Commission unanimously recommended approval of the proposed amendment at their regular meeting on June 4, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. See Attached Page 252 of 356 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN (Amendment No. 2 — 2019) Page 253 of 356 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Comprehensive Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing business and industry and the attraction of new business and industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The 2010 Plan also states that the redevelopment of the community should continue to be a major economic thrust for the City of Waterloo and actively pursue the build -out and redevelopment of the Crossroads Shopping Center area through platting, infrastructure provision, infrastructure improvements and upgrades, and public-private partnerships. The Crossroads Waterloo Urban Renewal and Redevelopment Plan presents a proposal for initiatives in the Crossroads area will also allow tax increment revenue to be used as incentives for the development of the Plan. These incentives would be negotiated and approved on a project -by -project basis at future dates. To achieve the primary objectives of this plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment Plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. 1 Page 254 of 356 TABLE OF CONTENTS I. CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN, AS AMENDED. A. DESCRIPTION OF PROJECT B. COMPREHENSIVE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. PROJECT FUNDING II. PROJECT BUDGET A. NARRATIVE B. CHAPTER 15A LOANS OR GRANTS C. TAX INCREMENT FINANCING D. PROPOSED TIMING SCHEDULE III. LEGAL DATA —ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PRELIMINARY PROJECT BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION 2 Page 255 of 356 I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING (PUBLISHED) L. NOTICE OF PUBLIC HEARING (POSTED) 3 Page 256 of 356 I. CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN, AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Crossroads Waterloo Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy and to promote retail and other commercial development, expansion of existing business and industry and attraction of new commercial projects. In accordance with this public purpose, the Crossroads Waterloo Tax Increment Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for 4 Page 257 of 356 the economic development and redevelopment of the area. (2) Encourage investment in the residential, commercial, and industrial existing uses and in vacant land in the Crossroads Shopping area by enhancing the environment and making it more conducive to economic development. (3) Provide incentives to expand existing business and retail, destination retail, and other attractions and attract new retail, destination retail, and other attractions and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, infrastructure provision, removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Crossroads area. (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities, etc., which may be necessary as the area is developed. (6) All objectives of the original plan adopted in 2013, amended and restated in 2014, and amended in 2019. B. Comprehensive Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. c. Encourage investment in the area. 5 Page 258 of 356 d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan including the Future Land Use Map in that both strive to: a. Maintain the City's role as a regional center of retail, destination attractions, as well as commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. c. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. Provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, etc. c. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. 6 Page 259 of 356 g. The City may use tax increment financing to achieve a more marketable and competitive land -offering price, to provide for necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. c. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objectives of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. 7 Page 260 of 356 3. Crossroads Area Goals/Projects Over time project agreements will be developed to outline specifics of projects that meet the objectives of the Crossroads Waterloo Urban Renewal and Redevelopment Plan. Known and anticipated projects are listed in Attachment "D". The projects described in the following paragraphs of this subsection 3 are expected to increase the retail traffic in and around the Crossroads Mall from residents and visitors and to add to the property tax base of the community. The following is a summary of projects: a. Infill of Crossroads Boulevard (goal) i. This project includes the development of land within the Crossroads Boulevard circle, many of which infill development sites have been identified in previous "S-1" Shopping Center District site plan amendment master plan approvals. b. Infill of lots surrounding Crossroads Boulevard (goal) i. This project includes the development of land on the outer rim of the Crossroads Boulevard circle. These lots are excellent infill projects to surround the Crossroads Shopping Mall with other retail and commercial businesses to complement the mall, including but not limited to big box development projects, grocery stores, power centers, strip malls, restaurants, hotels, convenience stores, and other similar type developments. ii. This includes the development of a hotel on Lot 2 of Crossroads Plat No. 10 near the intersection of Crossroads Boulevard and Bopp Street. The project included entering into a development agreement with Shri Ganapati & Bajrangbali, Inc. D/B/A Fairfield Inn & Suites. The total project cost was approximately $4,000,000, and the project has a minimum assessed value of $2,604,440. The project shall receive tax rebates for 8 years at 50%. c. Infill of lots on eastern side of La Porte Road (goal) 8 Page 261 of 356 i. This project includes the development of land along Highway 218 on the eastern side of Crossroads Mall. These lots are excellent infill projects to surround the Crossroads Shopping Mall with other retail and commercial businesses to compliment the mall. d. Redevelopment of the Hammond Avenue and San Maman Drive intersection area (goal) i. This project includes the development of land on the southeast corner of the intersection of Hammond Avenue and San Marnan Drive. While there is some excellent retail presence here, there is also an irregular configuration to some of the building space and lot layout. e. Infill development and redevelopment of lots on northern side of San Marnan Drive (goal) i. This project includes the development of land on the northern side of San Marnan Drive, including the out lot near Menards, expansions of existing businesses on the northern side of San Marnan, creation of new lots, etc. f. Redevelopment of the former Kmart Plaza site, north of San Maman Drive (goal) g. i. This project includes redevelopment of the former Kmart Plaza site, which is over 100,000 sq. ft. of retail building space, and creation of seven new outlots for future development. The total project cost of this project is approximately $3,800,000.00, and the project has a minimum assessed value of $6,300,000.00. The project shall receive tax rebates for ten years at 50%. Continued expansion of retail and destination activities in and around the Lost Island Water Park, Campground, and Isle of Capri Casino (goal) i. This project includes the development of large tracts of land in and around the Lost Island Water Park, parts of which were shown on the original master plan for development of this area through the rezoning of the 9 Page 262 of 356 property for the Lost Island Water Park and Isle of Capri Casino. The development of this land all around these sites will continue the trend of destination -type developments to bring people to the Waterloo community and Cedar Valley as a whole. h. Infill development of lots along Highway 20, and near Southtown Drive (goal) i. This project includes the development of land near Highway 20, Southtown Drive, and Alexandra Drive. i. Further road expansion south of Crossroads Boulevard, to accommodate growing residential development and further neighborhood commercial lots to south (project) i. This project includes the potential of new roads to connect the Crossroads Boulevard area with further residential development areas to the south as they are developed further eastward. This would work to open additional entrances into and out of the Crossroads shopping area for visitors and residents alike. By spreading some of the traffic, it will help minimize traffic congestion at intersections and help with traffic movements and safety into later years. Reconstruction, reconfiguration, and expansion of La Porte Road/Hess Road heading south from Hawthorne Avenue, continuing through the San Marnan Drive area, and southerly to Shaulis Road area (project) i. This project includes the reconstruction, reconfiguration, and adding/eliminating of lanes for La Porte Road as it heads southerly from Hawthorne Avenue, turning into Hess Road further south. With an increasing amount of traffic throughout the corridor, and especially from the Lost Island Water Park area and Crossroads Mall, it will become vital to make accommodations to handle additional development access points and to address issues of safety, turning, and congestion due to increased traffic in the area. 10 Page 263 of 356 k. Continuing evaluation of all roads and traffic patterns throughout Crossroads area (project) i. This project includes the potential reconstruction, reconfiguration, and adding of lanes or right -in, right -out access points, median improvements, etc., for many road portions surrounding the Crossroads Mall area. This could include Hammond Avenue, San Marnan Drive, Southtown Drive, Alexandra Drive, Flammang Drive, Sears Street, Penneys Street, Bopp Street, Grimm Street, Crossroads Boulevard, and the La Porte Road/Hess Road corridor from Hawthorne to Shaulis. As more development continues in the overall area, it is vital to continue to make accommodations to handle additional development access points and to address issues of safety, turning, and congestion due to increased traffic in the area. 1. Reconstruction, reconfiguration, and expansion of Shaulis Road/ Dysart Road intersection with Highway 218 (project) i. This project includes the reconstruction, reconfiguration, and adding of lanes for Shaulis Road/ Dysart Road as it heads westerly from the Highway 218 intersection. Due to the irregular configuration currently in place, increasing traffic through this area may result in the need for a reconfiguration of the intersection to accommodate more stacking of vehicles, better turning radii, and street layouts to facilitate development of lots near points of highway visibility. m. Construction and expansion of Isle of Capri Boulevard westerly to Hess Road (project) i. This project includes the construction of Isle of Capri Boulevard further to the west, as further development in and around the casino and water park commences. This will open up new routes and new points of access into and out of these larger attractions, helping to disperse traffic patterns by having several options for travel, and lessening congestion at intersection points. 11 Page 264 of 356 n. Potential flood plain mapping and planning for development, as well as drainage way improvements (project) i. This project includes the potential need for studying, reviewing, and making potential improvements involving any lands located in the flood plain through the Project Area. Any such improvements would work to improve the capacity and conveyance of flood waters through the area, while also working to maximize further site development for construction of roads, other necessary infrastructure, bridge improvements, and future project development. o. Acquisition of excess right-of-way or excess property from State of Iowa, private property owners, or other entities, near La Porte Road and Hess Road. (project) i. As construction, redevelopment, and potential reconfiguration of roads continue as development progresses throughout the area, it may be possible for state land identified in the areas near La Porte Road and Hess Road to become available for additional development. The City would work with private developers to review and analyze this land for potential development and potential acquisition from the State of Iowa. 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal road funds, potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Waterloo Crossroads area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Crossroads Waterloo Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the Project Area. 12 Page 265 of 356 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will follow the policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with Iowa Code Chapter 403, and the proposed plan modification is reviewed by the Waterloo Planning, Programming and Zoning Commission (for boundary amendments) and a public hearing is held by the Waterloo City Council. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment "F,,) G. Project Funding 1. The current estimated uses of tax increment revenues for urban renewal projects activities are summarized in Section 11, Project Budgets, of this Plan, and further detailed in Attachment "D". The eventual level of City participation in both private and public improvements for the development of the Project Area cannot be fully determined at this time. However, to the extent that new increment revenues are generated and other appropriate funding sources are identified, the City may undertake other project -related activities in the future. 2. At the present time, it is anticipated that future City tax increment collections for all project -related activities within the Project Area will not exceed $11,000,000 in aggregate amount during the term of this Urban Renewal Plan. As described herein, proceeds of such tax increment collections are currently expected to be used to pay debt service bonds, make economic development grants to private developers and reimburse the City for any other project -related costs incurred in connection with the development of the Project Area. 13 Page 266 of 356 3. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached hereto. II. PROJECT BUDGET A. Narrative The Crossroads Waterloo Urban Renewal and Redevelopment Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which after public hearing will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known projects are listed in Attachment "D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten (10) years, or twenty (20) years for monumental projects. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay off improvements (street and/or parking improvements, etc.) associated with enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of $500.00. This program is not applicable to any Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, sidewalks, etc. B. Loans or Grants 14 Page 267 of 356 The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or to enter into loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City. Tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements, parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements; 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, MPO, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. LEGAL DATA - ATTACHMENTS See Attachments A -L, listed in the Table of Contents above. 15 Page 268 of 356 w1 • =WI Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion :11111111111 11111111111111 111111111111111 11111111111 Hi 11111111 1111111111. 11111 Hawthorne Av IIIIIIIII 11111111 I h--IIII 111 111 �► Legend TIF Expansion Area Existing TIF District Boundary 11111111111111111 1111111111111111 Cornwall Av 11111111111111111 11111111111111111 a 1111■1■11 1/1111111 ar�`3�►�47/,1iri, �t •I■1111 111111 Ia t..4A4A1Ak1' Ne•;•— �_�1 Highway 20 E Shaulis Rd )11/4111'11;h:00 Billy °�%/ 1 911111111111111JJJ j, „ii„, III IIII111111w godi 0.5 Miles 269 of 356 ���"������ Illluullulllllll �u 111111;; IIII��� —■ rca�lh 11111111 1,111 I I!tlNNilNVINNIIIIIIVIIIVIIIVIIIIUgpW;INWRIN1,,,,!'WRI ,,,,,%'WRI ,,,,,!'W1,' Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail Flam mang D >Expansion Area< • 4 - - � ��-��-�-.�♦�♦�♦�i�♦♦♦moi • �t♦moi ♦►♦ ♦► ♦ ♦♦♦♦♦� �►� ♦♦�♦♦♦♦♦♦♦♦ ► Expansion) Area ♦♦� A 4, • Legend ►!i!i!i! ,i♦i♦ice. TIF Expansion Area Existing TIF District Boundary • • Flammang Dr Expansion Area • • 4 41 ♦♦♦♦♦♦�Southtown Dr ♦�� Highway 20 ‘14° lk 1111111 MEIN MEM IMENI IIQIIIVIIIVpIl111111plllp11IIIpIl111111plllp11IIIIIQIIIQIIIVIIIVIIIIIVIIIVIIIVIIIVIIIIURttPNWR!1111Ho INoaoIIURttPkWR!1111Ho INoao1IIVIIIVIIIVIIIVIIIIURttPkWR!1111Ho INoao1IURttPkWR!1111.INtt mIIIVIIIVIIIVIIIVIIIIURttPkWh'Y 20 1 200 400 800 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII /\ 27t = _ Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail k\\ pe p���0��p��►p�, '13 Legend \\ TIF Expansion Area Existing TIF District Boundary 380 380 380 Flammang Dr • - plk- - - - - - K•141414 r.�--1�.......� Expansion Area ♦..�•�..I Pr mmkommm 01. 250 500 1,000 Feet Page 271 56 Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion Detail 20 Legend ►!i!i!i! 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A TIF Expansion Area Existing TIF District Boundary \ 11 H 11 11 1 1 11 1 1 11 0 300 600 1,200 Feet Liberty. Av Patton Av E Mitchell Av Cornwall 'Av Bourland:A Lorraine Av Easton Av 4 : 4 e- - „ - - „.1.,44t‘,- ' S ,II, i ':, S : 0 ♦♦♦♦♦♦:: ,,, :34 ♦♦♦♦� 18130 08;;;$44, ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ��♦�♦. #4. ! 41 4 Expansion Area tO. lilt-- At •������►♦ ���������������♦�♦���♦* ‘ v. 111 Locke-Av K: -1-1 ► ♦.3801►♦♦♦♦♦���♦� t41-4,400. 48 '';...44, .:_d_.:4...k.....*::. 4.1 '%W.W.W.W#%%t38o♦♦♦♦♦♦♦♦• �♦♦♦ ��� M .s#♦♦♦♦♦iii )1i�4 IIIIri��� e 274 Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 275 of 356 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly Page 276 of 356 right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007- 016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Page 277 of 356 Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most Page 278 of 356 line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Amendment No. 2 area (2019) (Amendment No. 2 Subarea) That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. And, Page 279 of 356 All that part of Govt. Lot 4 Sec. 12, T88N R13W and the SE 1/4 of the SE 1/4 of Sec. 12, T88N R13W, lying Southwesterly of Highway #218 (now known as Texas Street), and lying Northeasterly of the centerline of U.S. Highway 218 as presently established. And, Beginning at the Southeast corner of Section 11, T88N R13W; thence West to the West line of the SE 1/4 of said Section 11; thence North along the West line of said SE 1/4 to the North line of said SE 1/4; thence East along the North line of said SE 1/4 to the East line of the SW 1/4 of the NE 1/4 of said Section 11; thence North along the East line of the SW 1/4 of the NE 1/4 of said Section 11 to the Northerly right-of-way line of U.S. Highway 20 as presently established; thence Northeasterly along said Northerly right-of-way line to the East line of said Section 11; thence South along the East line of said Section 11 to the Southeast corner of said Section 11 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. And, Page 280 of 356 That part of the above described Original area removed by Amendment No. 1 described as Lot 1 of Crossroads Plat No. 3. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of Page 281 of 356 said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most comer of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. And Beginning at the intersection of the centerline of East San Marnan Drive and the centerline of La Porte Road; thence Northwesterly along the centerline of La Porte Road to the centerline of East Ridgeway Avenue; thence Westerly along the centerline of East Ridgeway Avenue to a Southerly extension of the West line of Lot 474 of Pleasant View Addition; thence Northerly along the Southerly extension of the West line of said Lot 474 and the West line of said Lot 474 to the North line of said Lot 474; thence Easterly along the North line of said Lot 474 and the North line of Lot 475 of said Pleasant View Addition to the Northeast corner of said Lot 475; thence Northerly to the Southeast corner of Lot 366 of said Pleasant View Addition; thence Page 282 of 356 Northerly along the East line of said Lot 366 to the Northeast corner of said Lot 366; thence Northerly to the Southeast corner of Lot 355 of said Pleasant View Addition; thence Northerly along the East line of said Lot 355 to the Northeast corner of said Lot 355; thence Easterly along the North line of Lot 356 of said Pleasant View Addition to the Northeast corner of said Lot 356; thence Northerly to the Southeast corner of Lot 245 of said Pleasant View Addition; thence Northerly along the East line of said Lot 245 to the Northeast corner of said Lot 245; thence Westerly along the North line of said Lot 245 to the Northwest corner of Said Lot 245; thence Northerly to the Southwest corner of Lot 236 of said Pleasant View Addition; thence Northerly along the West line of said Lot 236 to the Northwest corner of said Lot 236; thence Northerly to the Southwest corner of Lot 125 of said Pleasant View Addition; thence Northerly along the West line of said Lot 125 to the Northwest corner of said Lot 125; thence Westerly along the North lines of Lots 126 and 127 of said Pleasant View Addition to the Northwest corner of said Lot 127; thence Northerly to the Southwest corner of Lot 114 of said Pleasant View Addition; thence Northerly along the West line of said Lot 114 to the Northwest corner of said Lot 114; thence Northerly to the Southwest corner of Lot 7 of said Pleasant View Addition; thence Easterly along the South lines of Lot 7 and Lot 6 of said Pleasant View Addition to the East line of the West 20 feet of said Lot 6; thence Northerly along said East line to the North line of said Lot 6; thence Northerly along the Northerly extension of said East line to the South line of Lot 4 of Sunkist Addition; thence Westerly along said South line to the West line of said Lot 4; thence Northerly along said West line to the South line of Lot 293 of Mc Lendon's First Addition; thence Easterly along said South line to the East line of said Mc Lendon's First Addition; thence Northerly along said East line to the Southeast corner of Lot 242 of said Mc Lendon's First Addition; thence Northerly along the East lines of Lots 242 and 240 of said Mc Lendon's First Addition to the Northeast corner of said Lot 240; thence Westerly along the North line of said Lot 240 to the Northwest corner of said Lot 240; thence Northerly to the Southwest corner of Lot 15 of Mc Lendon Addition; thence Northerly along the West lines of Lots 15 and 13 of said Mc Lendon Addition to the Northwest corner of said Lot 13; thence Westerly along the North lines of Lots 12, 11, 10, 9, and 8 of said Mc Lendon Addition to a point on the North line of said Lot 8 that intersects a Southerly extension of the East line of Rolling Acres; thence Northerly along said Southerly extension of the East line of Rolling Acres and the East line of Rolling Acres to the Southwest corner of Rolling Acres rt Addition; thence Easterly along the South line of said Page 283 of 356 Rolling Acres 1St Addition to the Southeast corner of Rolling Acres 1St Addition; thence Northerly along the East line of said Rolling Acres 1st Addition to the Northeast corner of Rolling Acres 1st Addition, said point being on the centerline of Byron Avenue; thence Westerly along the centerline of Byron Avenue to the Southerly extension of the West line of Stoyanoff s Replat; thence Northerly along the Southerly extension of said West line and said West line to the Northwest corner of said Stoyanoff s Replat; thence Northerly along an extension of the Westerly line of said Stoyanoff s Replat to the centerline of Hawthorne Avenue; thence Easterly along the centerline of Hawthorne Avenue to the centerline of the Iowa Northern Railroad; thence Southeasterly along the centerline of the Iowa Northern Railroad to a Northeasterly extension of the centerline of East San Marnan Drive; thence Southwesterly along the Northeasterly extension of the centerline of East San Marnan Drive and the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218/Interstate 380; thence Southwesterly along the centerline of East San Marnan Drive to the centerline of La Porte Road and the Point of Beginning. Page 284 of 356 Attachment C City of Waterloo, Iowa Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,3 83 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross Bonding Capacity $ 83,241,358 56.68% of legal limit Page 285 of 356 Attachment D Preliminary Project Budget Further road expansion south of Crossroads Boulevard EXPENSES Construction $3,000,000 Architectural & Engineering Fees $250,000 Construction Administration $150,000 TOTAL $3,700,000 FUNDING City TIF $2,500,000 Private $1,200,000 TOTAL $3,700,000 La Porte Road EXPENSES Acquisition $700,000 Construction $12,000,000 Engineering Fees $1,200,000 Construction Administration $600,000 TOTAL $14,500,000 FUNDING City (Local Option, G.O. Bonds) $2,900,000 Federal (MPO) $11,600,000 TOTAL $14,500,000 Evaluation of traffic patterns throughout area EXPENSES Construction $1,200,000 Traffic Study $400,000 Right-of-way acquisitions $100,000 TOTAL $1,700,000 Page 286 of 356 FUNDING City (Local Option, G.O. Bonds) $340,000 Federal (MPO) $1,360,000 TOTAL $1,700,000 Reconstruction of Shaulis/ Dysart Road/ Highway 218 intersection EXPENSES Acquisition $600,000 City Property $200,000 Construction $6,000,000 Landscaping and Public Art $100,000 Engineering Fees $750,000 Construction Administration $100,000 TOTAL $7,750,000 FUNDING State (RISE) $3,875,000 City (Local option, G.O. Bonds) $3,8750,000 Federal (MPO) $0 TOTAL $7,750,000 Construction of Isle of Capri Boulevard west to Hess Road EXPENSES Construction $3,400,000 Engineering Fees $340,000 Construction Administration $170,000 TOTAL $3,910,000 FUNDING City (Local Option, G.O. Bonds) $1,955,000 State (RISE) $1,955,000 TOTAL $3,910,000 Potential flood plain mapping EXPENSES Engineering fees $400,000 TOTAL $400,000 Page 287 of 356 FUNDING City (G.O. Bonds) $400,000 TOTAL $400,000 Acquisition of right-of-way from State of Iowa EXPENSES Acquisition $3,000,000 TOTAL $3,000,000 FUNDING City (G.O. Bonds paid by TIF) $3,000,000 TOTAL $3,000,000 Development Agreement with former Kmart Plaza site for redevelopment of site EXPENSES Tax rebates $1,279,215 TOTAL $1,279,215 FUNDING City (TIF) $1,279,215 TOTAL $1,279,215 Development Agreement for new construction of Fairfield Inn EXPENSES Tax rebates $422,344 TOTAL $422,344 FUNDING City (TIF) $422,344 TOTAL $422,344 Page 288 of 356 Acquisition of parcels for redevelopment and development EXPENSES Acquisition $12,000,000 TOTAL $12,000,000 FUNDING City (GO Bonds to be repaid witrh TIF) $12,000,000 TOTAL $12,000,000 Further build out of commercial development and infrastructure by private developers EXPENSES Tax rebates for the new improvements $3,000,000 TOTAL $3,000,000 FUNDING City (TIF) $3,000,000 TOTAL $3,000,000 Page 289 of 356 TOTAL EXPENSES Further road expansion south of Crossroads Boulevard $3,700,000 La Porte Road $14,500,000 Evaluation of traffic patterns throughout area $1,700,000 Reconstruction of Shaulis/ Dysart Road/ Highway 218 intersection $7,750,000 Construction of Isle of Capri Boulevard west to Hess Road $3,910,000 Potential flood plain mapping $400,000 Acquisition of right-of-way from State of Iowa $3,000,000 Development Agreement — former Kmart Plaza $1,279,215 Development Agreement Fairfield Inn $422,344 Acquisition of parcels for redevelopment and development $12,000,000 Further build out of commercial development and infrastructure by private developers $3,000,000 TOTAL $51,661,559 Cost type breakdown: Public Improvements $26,000,000 Architectural, Engineering, Study, and Construction Administration $4,360,000 Acquisitions $16,600,000 Tax Rebates $4,701,559 TOTAL $51,661,559 Page 290 of 356 TOTAL FUNDING City (TIF) $10,201,559 Private $1,200,000 MPO $12,960,000 State $5,830,000 Local Option / GO Bond $21,470,000 TOTAL $51,661,559 Page 291 of 356 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 292 of 356 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo relocation agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons to be displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of the claim application, the Director will appoint a review board and notify the applicant when and where a hearing will be held. The review board will recommend a decision on the claim to the City of Waterloo. The relocation agent will notify the applicant in writing of the City of Waterloo's decision within one (1) week. Page 293 of 356 Attachment G CITY OF WATERLOO, IOWA PLANNING, PROGRAMING AND ZONING COMMISSION RESOLUTION Page 294 of 356 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 295 of 356 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING Page 296 of 356 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING Page 297 of 356 Attachment K CITY OF WATERLOO, IOWA PUBLISHED NOTICE Page 298 of 356 Attachment L CITY OF WATERLOO, IOWA POSTED NOTICE Page 299 of 356 Mayor QUENTIN HART CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: May 23, 2019 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendment 1 and Amendment 2 to the Crossroads Waterloo COUNCIL Urban Renewal and Redevelopment Plan MEMBERS ••••••••••••••••••• Planning staff is proposing to amend the Crossroads Waterloo Urban Renewal and MARGARET Redevelopment Plan and TIF District by removing multiple areas from the existing KLEIN TIF boundary, and then putting those areas back into the TIF boundary, as well as Ward 1 adding several other areas into the TIF boundary. The areas being removed and then BRUCE put back in the TIF are either undeveloped areas that are not likely to develop before JACOBS their 20 year sunset, or are existing developed areas that have seen recent significant Ward 2 decline in value causing the TIF District to have no increment (no increased taxable PAT value over the base year value). The amendment will establish a new 20 year sunset MORRISSEY for these areas. Once removed from the existing TIF, any increment will be released Ward 3 from the TIF, and once put back in, the current values will become the new frozen ER base that is released to all taxing entities, including the City of Waterloo's general J oME AMOS fund. Only development increment from future dlo ment of these areas would be Ward 4 captured by the TIF. The new areas being added that were not previously in the TIF include 1) the area West of Hess Road between Highway 20 and E. Shaulis Road, 2) RAY the Northwest corner of Texas Street and E. Shaulis Road, and 3) the La Porte Road FEUSS Ward 5 corridor from Hawthorne Avenue to E. San Marnan Drive extending East to the Iowa Northern Railroad. This would appear to be the best model to accomplish economic SHARON development of this area. The amendment will also update projects and project JUON budgets to be included in the Plan, and include other general updates to the Plan. At -Large STEVE Attached are three maps, including a map that shows and aerial photo of the SCHMITT Crossroads Waterloo Urban Renewal and Redevelopment Plan Area TIF District At -Large Boundary, as well as a map that shows what areas would be removed (Amendment No. 1), and then a map that shows the new areas and areas to be put back into the TIF District (Amendment No. 2). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 300 of 356 � I A I x 41 r,o � om Iy lY ,.. MV VmM! IdV+ I U1 IIIP1111 I(I uIII uIIINIINppIV"' 'lR Vlli "I P' VM, Iii;i 111 fl,el i1 1 ii illlW 11 III uYI /',', �iil, V�',vllytl Iry *,„1110,,1 IW1W 11,11Nl�','�"��������rl Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion I�I�I°�',: �14�fllloY ryrwwlrlliqv,I,N�vrIP' I�➢ yj�� q IIIIIIII II�III�{�iII�I��VII�il�llhi 4111 �rY 111 l'I�I'u' glhq( I,ipwill"' 'iii IllllI lllilllulllllllll llil@ E Mitchell Av TIF Expansion Area I=1 Existing TIF District Boundary I1I11 ��� IVVu'III,,IIdh Iii'1'1(3llllllllllllll°i Nim#,�,rcM, 100„11100,1,, IIIIPo II �; a�I I iii��lllll�llllllllllllllllllllllllllllllllllll Illllilllllllllllllllllllllllllllllll����� 111111111111111111111111111 1111111,10111, ��� Illllllllllllllllll��llllllllllllll�lllf l�lllry �, d ( "IIIIIIII IIIIIIII1 011111 VIIIA� ��II�I14y I !IIIIII H�°1IINI1III 'ViI��Il�yl Illllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll1 IIIIIIIIIIIIIIIII IIIIIIII olooloolool000 VIII II,ullili I';iilW Y1 WHmiW ��IIIIII��, m'"I a11U1 'II HIIWIY 11d %Ir �I11iNlllll�ll �; II., II'vw� iii ^@Ud� ViNuVl 1°titl'llb mmnlnl, ��aar 'wnuxv ulwu'al'� im,muuwr ruMwf^ I I I I H IZI I I I I I I_I__I__I_I_ LI 1---W-A-11-1 I I LIU I \l \\ 2 11-'11=1 Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Removal °iiiiii1iiiii iii ni 1 mit.--8.0,41411k.8‘..4 =0 =1:11 MEO IMIED ®®®111/11i1 380im w—, � E \ X g eway A :111 I I 11 1 mum moo 2 ��v 111 It 380,\\ 14444' '''' �1 ' *, 1/ 1 yr\ \ ' . '' 380 •:4;k*".1' 1 C 380 ,*9, _ ..� ♦ ♦����♦ 380 1 IL 1[1111 MITI I II I I I I 1 1 1 Legend Removed Areas Existing TIF District Boundary Flammang Dr 110111011101,,,,,,111 Highway.20 uu>niun�i�'u'+asuRwra�r E Shaulis Rd — _ =•:tet room►_ _ - „• .: I •••••••••••••����••����������4 •4 +• ;'1 ��������� I��������� I��������� I�������►�j1 aisill&. 0! „ 4k.&•...-•-•-•-•-•-ik-**-44+-+eelp-e-t...-Ak ,, ok ,,, ��iiiiiiii �iiiiiiii �iiiiiiii �iiiiiiii ! : , -- — w1 • =WI Attachment "A" Crossroads Waterloo Urban Renewal & Redevelopment TIF District Expansion :11111111111 11111111111111 111111111111111 11111111111 HiRawl11111111 1111111111. 11111 Hawthorne Av IIIIIIIII 11111111 I h--IIII 111 111 ll Legend TIF Expansion Area Existing TIF District Boundary 1111 11 III 11111111 1111111111111111 Cornwall Av 11111111111111111 11111111111111111 a 1111■1■11 1/1111111 ar�`3�►�47/,1iri, �t •I■1111 111111 Ia t..4A4A1Ak1' Ne•;•— �_�1 Highway 20 )1I4 IIIII��� Billy �°�%/ 1,911111111111111JJJ j.,i!l�i� III VIIII1111 1,111, lull 0.5 Miles 303 of 356 Attachment "B" Legal Description Crossroads Waterloo Urban Renewal & Redevelopment TIF District Original area (2014) (Original Subarea) (as modified by Amendment No. 1 (2019)) Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast comer of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest comer of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly Page 304 of 356 and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Maman Drive and the Point of Beginning. Except the following 6 areas removed from the Original area by Amendment No. 1 (2019): Removal Area 1: That part of the above described Original area located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. Removal Area 2: That part of the above described Original area located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly Page 305 of 356 right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007- 016941. Removal Area 3: That part of the above described Original area located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. Removal Area 4: That part of the above described Original area described as Lot 1 of Crossroads Plat No. 3. Removal Area 5: That part of the above described Original area located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. Page 306 of 356 Removal Area 6: That part of the above described Original area located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most corner of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most Page 307 of 356 line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most corner of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most corner of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. Amendment No. 2 area (2019) (Amendment No. 2 Subarea) That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the Northwest corner of Section 13, T88N R13W; thence South along the West line of said Section 13 to the South line of the Northwest 1/4 of said Section 13; thence East along said South line and the South line of the Northeast 1/4 of said Section 13 to the East line of said Section 13; thence North along the East line of said Section 13 to the centerline of U.S. Highway 218 as presently established; thence Northwesterly along the centerline of U.S. Highway 218 to the North line of said Section 13; thence West along the North line of Said Section 13 to the Northwest corner of said Section 13 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: All that part of Section 12, T88N R13W, located Southerly of the Southerly right-of-way line of U.S. Highway 20 as presently established, and located Southwesterly of the Southwesterly right-of-way line of U.S. Highway 218 as presently established, except Parcel "A" of the Southwest 1/4 of Section 12, T88N R13W, recorded in Misc. Book 335 Page 957, and except Tract A and Tract B of IOC Waterloo, LLC Addition, a subdivision of a part of the SW 1/4 and part of the SE 1/4 of Section 12, T88N R13W, recorded as Document 2007-016941. And, Page 308 of 356 All that part of Govt. Lot 4 Sec. 12, T88N R13W and the SE 1/4 of the SE 1/4 of Sec. 12, T88N R13W, lying Southwesterly of Highway #218 (now known as Texas Street), and lying Northeasterly of the centerline of U.S. Highway 218 as presently established. And, Beginning at the Southeast comer of Section 11, T88N R13W; thence West to the West line of the SE 1/4 of said Section 11; thence North along the West line of said SE 1/4 to the North line of said SE 1/4; thence East along the North line of said SE 1/4 to the East line of the SW 1/4 of the NE 1/4 of said Section 11; thence North along the East line of the SW 1/4 of the NE 1/4 of said Section 11 to the Northerly right-of-way line of U.S. Highway 20 as presently established; thence Northeasterly along said Northerly right-of-way line to the East line of said Section 11; thence South along the East line of said Section 11 to the Southeast corner of said Section 11 and the Point of Beginning. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the West line of Section 11, T88N R13W, and the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to the Southerly extension of a line that is parallel with and 105 feet East of the West line of Lot 2 of Southtown; thence Northerly along the Southerly extension of said line and said line to the Northerly line of said Lot 2; thence Westerly along said Northerly line to the Northwest corner of said Lot 2; thence Northerly along the Westerly line of Lot 3 and Lot 4 of said Southtown to the Northwesterly line of said Lot 4; thence Northeasterly along the Northwesterly line of said Lot 4 to the Northerly line of said Lot 4: thence West a distance of 172.93 feet; thence Westerly to the Northwest corner of Section 11, T88N R13W; thence South along the West line of said Section 11 to the centerline of Southtown Drive and the Point of Beginning. And, Page 309 of 356 That part of the above described Original area removed by Amendment No. 1 described as Lot 1 of Crossroads Plat No. 3. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Richland Park Lots 8, 9, 17, 18, 19, 20, 21, 22; and Lot 16 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and Lot 23 Richland Park, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and vacated Camelot Drive lying West of the Southwesterly line of Flammang Drive, except that part lying Easterly of a line which is parallel with and 45 feet normally distant and Westerly of the East line of said Lot 16; and also Lot 5 of Fortune Addition. And, That part of the above described Original area removed by Amendment No. 1 located within the following described area: Beginning at the intersection of the centerline of Crossroads Boulevard and the centerline of Penneys Street; thence Northeasterly and Southeasterly along the centerline of Crossroads Boulevard to the Southwesterly extension of the Southeasterly line of Lot 1 of Crossroads Plat No. 8; thence Northeasterly along the Southwesterly extension of the Southeasterly line of said Lot 1, the Southeasterly line of said Lot 1, and the Northeasterly extension of the Southeasterly line of said Lot 1 to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to the Northeasterly extension of the Northwesterly line of Lot 2 of Crossroads Plat No. 10; thence Southwesterly along the Northeasterly extension of the Northwesterly line of said Lot 2 and the Northwesterly line of said Lot 2 to the Southwesterly line of said Lot 2; thence Southeasterly along the Southwesterly line of said Lot 2 to the Southeasterly line of said Lot 2; thence Northeasterly along the Southeasterly line of said Lot 2 and a Northeasterly extension of the Southeasterly line of said Lot 2 to the centerline of La Porte Road; thence Southeasterly and Southwesterly along the centerline of La Porte Road and the centerline of Hess Road as presently established to the South line of Section 1, T88N R13W; thence West along the South line of said Section 1 to the Southwest corner of Page 310 of 356 said Section 1; thence West along the South line of Section 2, T88N R13W, to the Southerly extension of the East line of Lot 1 of Crossroads Plat No. 9; thence Northerly along the Southerly extension of the East line of said Lot 1, the East line of said Lot 1, and a Northerly extension of the East line of said Lot 1 to the centerline of Crossroads Boulevard; thence Easterly and Northeasterly along the centerline of Crossroads Boulevard to the Southeasterly extension of the Southerly most line of Lot 3 of Crossroads Plat No. 7 that connects to Crossroads Boulevard; thence Northwesterly along said Southeasterly extension of said Southerly most line that connects to Crossroads Boulevard to the Northwesterly right-of-way line of Crossroads Boulevard; thence Northwesterly and Southwesterly along the Southerly most lines of said Lot 3 to the Southwesterly most comer of said Lot 3: thence Southwesterly along the Southeasterly line of Lot 1 of Crossroads Plat No. 7 and a Southwesterly extension of the Southeasterly line of said Lot 1 to the centerline of Crossroads Boulevard; thence Northwesterly and Northerly along the centerline of Crossroads Boulevard to an Easterly extension of the Southerly most line of Lot A-1 of Crossroads Plat No. 4; thence Westerly and Southwesterly along said extension of the Southerly most line of Lot A-1 and said Southerly most line of Lot A-1 to the Southerly most comer of said Lot A-1; thence Northwesterly along the Southwesterly line of said Lot A-1 to the Westerly most corner of said Lot A-1; thence Northeasterly along the Northwesterly line of said Lot A-1 to the Northerly most comer of said Lot A-1; thence Southeasterly along the Northeasterly line of said Lot A-1 and a Southeasterly extension of the Northeasterly line of said Lot A-1 to the centerline of Crossroads Boulevard; thence Northeasterly along the centerline of Crossroads Boulevard to the centerline of Penneys Street and the Point of Beginning. And Beginning at the intersection of the centerline of East San Marnan Drive and the centerline of La Porte Road; thence Northwesterly along the centerline of La Porte Road to the centerline of East Ridgeway Avenue; thence Westerly along the centerline of East Ridgeway Avenue to a Southerly extension of the West line of Lot 474 of Pleasant View Addition; thence Northerly along the Southerly extension of the West line of said Lot 474 and the West line of said Lot 474 to the North line of said Lot 474; thence Easterly along the North line of said Lot 474 and the North line of Lot 475 of said Pleasant View Addition to the Northeast corner of said Lot 475; thence Northerly to the Southeast corner of Lot 366 of said Pleasant View Addition; thence Page 311 of 356 Northerly along the East line of said Lot 366 to the Northeast corner of said Lot 366; thence Northerly to the Southeast comer of Lot 355 of said Pleasant View Addition; thence Northerly along the East line of said Lot 355 to the Northeast corner of said Lot 355; thence Easterly along the North line of Lot 356 of said Pleasant View Addition to the Northeast corner of said Lot 356; thence Northerly to the Southeast corner of Lot 245 of said Pleasant View Addition; thence Northerly along the East line of said Lot 245 to the Northeast comer of said Lot 245; thence Westerly along the North line of said Lot 245 to the Northwest corner of Said Lot 245; thence Northerly to the Southwest corner of Lot 236 of said Pleasant View Addition; thence Northerly along the West line of said Lot 236 to the Northwest corner of said Lot 236; thence Northerly to the Southwest comer of Lot 125 of said Pleasant View Addition; thence Northerly along the West line of said Lot 125 to the Northwest comer of said Lot 125; thence Westerly along the North lines of Lots 126 and 127 of said Pleasant View Addition to the Northwest comer of said Lot 127; thence Northerly to the Southwest corner of Lot 114 of said Pleasant View Addition; thence Northerly along the West line of said Lot 114 to the Northwest corner of said Lot 114; thence Northerly to the Southwest comer of Lot 7 of said Pleasant View Addition; thence Easterly along the South lines of Lot 7 and Lot 6 of said Pleasant View Addition to the East line of the West 20 feet of said Lot 6; thence Northerly along said East line to the North line of said Lot 6; thence Northerly along the Northerly extension of said East line to the South line of Lot 4 of Sunkist Addition; thence Westerly along said South line to the West line of said Lot 4; thence Northerly along said West line to the South line of Lot 293 of Mc Lendon's First Addition; thence Easterly along said South line to the East line of said Mc Lendon's First Addition; thence Northerly along said East line to the Southeast corner of Lot 242 of said Mc Lendon's First Addition; thence Northerly along the East lines of Lots 242 and 240 of said Mc Lendon's First Addition to the Northeast corner of said Lot 240; thence Westerly along the North line of said Lot 240 to the Northwest corner of said Lot 240; thence Northerly to the Southwest corner of Lot 15 of Mc Lendon Addition; thence Northerly along the West lines of Lots 15 and 13 of said Mc Lendon Addition to the Northwest corner of said Lot 13; thence Westerly along the North lines of Lots 12, 11, 10, 9, and 8 of said Mc Lendon Addition to a point on the North line of said Lot 8 that intersects a Southerly extension of the East line of Rolling Acres; thence Northerly along said Southerly extension of the East line of Rolling Acres and the East line of Rolling Acres to the Southwest corner of Rolling Acres 1st Addition; thence Easterly along the South line of said Page 312 of 356 Rolling Acres 1st Addition to the Southeast corner of Rolling Acres 1st Addition; thence Northerly along the East line of said Rolling Acres 1st Addition to the Northeast corner of Rolling Acres 1st Addition, said point being on the centerline of Byron Avenue; thence Westerly along the centerline of Byron Avenue to the Southerly extension of the West line of Stoyanoff s Replat; thence Northerly along the Southerly extension of said West line and said West line to the Northwest corner of said Stoyanoff s Replat; thence Northerly along an extension of the Westerly line of said Stoyanoff's Replat to the centerline of Hawthorne Avenue; thence Easterly along the centerline of Hawthorne Avenue to the centerline of the Iowa Northern Railroad; thence Southeasterly along the centerline of the Iowa Northern Railroad to a Northeasterly extension of the centerline of East San Marnan Drive; thence Southwesterly along the Northeasterly extension of the centerline of East San Marnan Drive and the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218/Interstate 380; thence Southwesterly along the centerline of East San Marnan Drive to the centerline of La Porte Road and the Point of Beginning. Page 313 of 356 CITY OF WATERLOO Council Communication San Maman Urban Renewal and Redevelopment Plan, Amendment No. 5, to expand the boundaries, remove properties, update projects and project budgets to be included in the Plan, and other general updates to the Plan. City Council Meeting: 7/15/2019 Prepared: 6/26/2019 REVIEWERS: Department w. P amn.in g & Clerk Office Reviewer Schroeder, oeder, .\.ric Even, .1:. e rmmrm. ATTACHMENTS: Description San Ma_r°nan 1.. eve .oprnent I Ian..gym. CI Attachment B:....Acw ,,,;al Description. :tion. CI Memo P4S,2: Conm.:T ssion. SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approve Approved Type gent No 5 tina1 Backup . .atcri 1. 1Backup ateria .. ack Up Material Date 6/26/' 019 „ :12, P M 7/ 1 /2 0 1 9 ,,,,,,, 2: 0 PM Motion to receive, file consider and pass for the second time an O rd inanc e providing that general property taxes levied and collected each year on all property located within the newly described San Maman Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project. 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 Staff is proposing to amendment the San Maman Urban Renewal and Redevelopment Plan and TIF District by removing an area from the existing TIF boundary, and by adding new areas into the TIF boundary. The areas being removed are the "front yards" of the lots in Sunnyside Addition, and are being removed to avoid the lots from being split with part in and part out of the TIF. The areas being added include 1) the area generally located between San Maman Drive and Brookeridge Drive, and between Pheasant Lane and Kimball Avenue, and 2) the Southeast comer of Kimball Avenue and E. Tower Park Drive and the property just west of the Southwest comer of Kimball Avenue and San Maman Drive. Amendments to a TIF Plan require a consultation with taxing entities, which will be held on June 19, Page 314 of 356 Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: 2019. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. The Planning, Programming and Zoning Commission unanimously recommended approval of the proposed amendment at their regular meeting on June 4, 2019. None n/a Economic Development, Strategic Plan Policies 1, 3 and 4. See Attached Page 315 of 356 Prepared by Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN (AMENDMENT NO. 5 - 2019) Page 316 of 356 INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Comprehensive Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The San Marnan Urban Renewal and Redevelopment Plan presents a proposal for the location of business parks on various lands generally located (a) between San Marnan Drive and U.S. Highway 20 between West 4th Street and Kimball Avenue, (b) between U.S. Highway 20 and Shaulis Road between Ansborough Avenue and just east of Iowa Highway 21, and (c) between San Marnan Drive and Brookeridge Drive between Pheasant Lane and Kimball Avenue. The Plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project -by -project basis at future dates. To achieve the primary objectives of this Plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment plan, pursuant to the powers granted to it under Chapter 403 of the Code of Iowa, as amended. Page 317 of 356 TABLE OF CONTENTS I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. COMPREHENSIVE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS. E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. BONDING CAPACITY II. PROJECT BUDGET A. NARRATIVE B. LOANS OR GRANTS C. TAX INCREMENT FINANCING III. LEGAL DATA -ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PROJECT PROPOSALS AND BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION -2- Page 318 of 356 H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION I. RESOLUTION ADOPTING PLAN J. ORDINANCE ADOPTING TAX INCREMENT FINANCING DISTRICT K. NOTICE OF PUBLIC HEARING -3- Page 319 of 356 I. SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN AS AMENDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake the San Marnan Urban Renewal and Redevelopment Plan under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed San Marnan Urban Renewal and Redevelopment Plan Area the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local industries and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of industrial and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy, promote commercial and industrial development, expansion, of existing business and industry and attraction of new industry. In accordance with this public purpose, the San Marnan Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for the economic development and redevelopment of the area. (2) Encourage investment in existing residential, commercial, and industrial uses and vacant land in the San Marnan Area -4 Page 320 of 356 (3) by enhancing the environment and making it more conducive to economic development. Provide incentives to expand existing business and industrial uses and attract new industrial and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, loans, grants and/or any other incentives that will result in development of the San Marnan Area. (4) Increase employment opportunities for the citizens of Waterloo. (s) Provide the necessary infrastructure, such as sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities, bike trails, etc., that may be necessary as the area is developed. (6) All objectives of the original plan adopted in 1999, and amendments adopted in 2004, 2009, 2015, and 2017. B. Comprehensive Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of plan objectives. a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. c. Encourage investment in the area. d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This plan is consistent with the Comprehensive Plan including the Future Land Use Map in that both strive to: a. Maintain the City's role as a regional center of commerce and industry. -5 Page 321 of 356 b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. c. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. To provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, bike trails, etc. c. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. f. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. g. The City may use tax increment financing to achieve a more marketable and competitive land -offering price, to provide for necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Code to develop and provide for improved economic conditions in the City of Waterloo. -6 Page 322 of 356 i. Pay all legal fees, consulting fees, and related expenses associated with the administration and operation of the San Maman Urban Renewal and Redevelopment Area. 2. Land Acquisition and Disposition The City intends to finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities; b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the Plan. c. To acquire any and all interests in any property within the Project Area, which in any way dominates or controls usage of other real property, proposed to be acquired. The City may make improvements for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this Plan and in concert with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objectives of this Plan. The property so disposed of may include vacated right-of-way and other lands under public ownership, which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this Plan. 3. San Marnan Urban Renewal and Redevelopment Area Projects a. Over time project agreements will be developed to outline specifics of projects that meet the objectives of this plan. The known and anticipated projects are listed in Attachment "D". In the future this list of projects may be amended or added to by the action of the City Council after proper notice and hearing. -7 Page 323 of 356 4. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, bike trails, skywalks, sidewalks, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the San Marnan area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this San Marnan Urban Renewal and Redevelopment Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the project area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will follow the policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E".) E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with the Iowa Code Chapter 403, and the proposed plan modification is reviewed by the Waterloo, Planning, Programming and Zoning Commission (for boundary amendments) and a public hearing is held by the Waterloo City Council. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code Section 403.5(4)(a), and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment “F”.) G. Bonding Capacity 1. For updated information about unused bonding capacity for the City of Waterloo, see Attachment "C" attached hereto. II. Project Budget _g Page 324 of 356 A. Narrative The San Marnan Urban Renewal and Redevelopment Plan includes the areas as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which after public hearing will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known projects are listed in Attachment "D". 1. Acquisition of property. 2. Tax rebate program. The property tax assessment base on the real estate where a new development and/or redevelopment is completed is frozen. While the frozen amount will be guaranteed to each taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to twenty (20) years. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay off improvements (street and/or parking improvements, etc.) associated in enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of $500.00. This program is not applicable to any Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy, or any other levy exempted from treatment as tax increment financing under applicable law. 3. Project loans and/or grants. 4. Infrastructure such as streets, sewers, parking, streetscape, bridge improvements, skywalks, sidewalks, etc. B. Loans or Grants. The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this San Marnan Urban Renewal and Redevelopment Plan and the Code. In furtherance of the objectives under this San Marnan Urban Renewal and Redevelopment Plan, the City may determine to issue general obligation bonds, -9 Page 325 of 356 tax increment revenue bonds or other such obligations, or to enter into loan agreements for the purpose of making loans or grant funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing. The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City. Tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, parking facilities, water mains, bike trails or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements. 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of CEBA, RISE, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, Chapter 384, Chapter 403, Chapter 404, Chapter 427B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. Legal Data See Attachments A -K A. Boundary Map B. Legal Description C. Study of Bonding Capacity D. Project Proposals and Budget E. Acquisition Checklist -10- Page 326 of 356 F. Relocation Checklist G. Planning, Programming & Zoning Commission Resolution H. Notification to Taxing Entities and Record of Consultation I. City Council Resolution Adopting Plan J. City Council Ordinance Adopting Tax Increment Finance District K. Notice of Public Hearing -11- Page 327 of 356 � z AemL16! H iii • co d CI c 0 Cl). 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PeieO 111 1—. ca d L Q i ca a 'Ead E a 0 d d 0 ca L co G i ca cn Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS (note: references below to amendments are to amendments of urban renewal areas, a/k/a TIF districts, made by ordinance, and not to amendments of an urban renewal plan — the numbering system for urban renewal plans may vary from numbering applied to TIF district amendments) Original TIF district area (1999) (Original TIF Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. TIF district Amendment No. 1 area (2004) (TIF Amendment No. 1 Subarea) (as modified by TIF district Amendment No. 3 (2017) and as modified by TIF district Amendment No. 5 (2019)) Beginning at the intersection of the centerlines of W. 4th Street and West San Marnan Drive, thence Easterly along the centerline of West San Marnan Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive, thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract Page 331 of 356 A of Tower Park Addition, thence South 45°26' 14" East a distance of 173.84 feet, to a point on the Southwesterly line of Lot 1 Tower Park Addition, thence following said line of Lot 1 57.3 feet along a 64 foot radius curve, thence South 45°26' 14" East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14" East to the most Southerly comer of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an extension thereof to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20, thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13, thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section, thence West along the South line of Section 10 Township 88 Range 13 to the Southwest corner of said Section, thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section, thence West 466 feet along the South line of Section 8 Township 88 Range 13, thence North 466 feet, thence East 466 feet to the East line of said Section 8, thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20, thence Westerly along said centerline to its intersection with the centerline of West 4th Street, thence North along the centerline of West 4th Street to the centerline of San Marnan Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the TIF district Amendment No. 1 area by TIF district Amendment No. 3 (2017): Page 332 of 356 Area 1: That part of the above described TIF district Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described TIF district Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described TIF district Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Maman Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34'50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence N0°26' 00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Maman Drive; thence Westerly along said centerline of West San Maman Drive to the Point of Beginning. Area 4: That part of the above described TIF district Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described TIF district Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. Page 333 of 356 And except the following area removed from the TIF district Amendment No. 1 area by TIF district Amendment No. 5 (2019): All that part of the above described TIF district Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. TIF district Amendment No. 2 area (2009) (TIF Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter (NW 1/4) of Section 10, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western -most line of Lot 1, Anderson's Addition; thence Northerly along said Western -most line of Lot 1, Anderson's Addition and the extension thereof, to the South line of Lot 1, Anderson's 1st Addition; thence Westerly along the South line of Lot 1, Anderson's 1st Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North along the West right of way line of Mirage Ridge to the South line of Lot 1, Anderson's Fifth Addition; thence Westerly along the South line of Lot 1, Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof, to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. TIF district Amendment No. 4 area (2017) (TIF Amendment No. 4 Subarea) That part of the above described TIF district Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. And, That part of the above described TIF district Amendment No. 1 area located in Section 8 of T88 R13, except that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of- way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Page 334 of 356 Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34' 50"W 50.00' from the Southwest comer of Lot 3 of Tower Park No. 5; thence N0°26' 00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. And, That part of the above described TIF district Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. And, That part of the above described TIF district Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And, That part of the Southeast 1/4 of the Northeast 1/4 of Section 10, T88 R13, lying Southerly of the centerline of US Highway 20, except the North 422 feet of the South 678.5 feet of the East 218.4 feet of said Southeast 1/4 of the Northeast 1/4, and except Parcel A, being part of the Northeast 1/4 of Section 10, T 8 8R 13, pursuant to survey filed May 24, 2016 as Document No. 2016-019901, and except Tract B of said Southeast 1/4 of the Northeast 1/4, recorded as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office. TIF district Amendment No. 5 area (2019) (TIF Amendment No. 5 Subarea) Beginning at the intersection of the centerlines of West San Marnan Drive and Johnathan Street, thence Northerly along an extension of the centerline of Johnathan Street to the Northerly right-of-way line of West San Marnan Drive as presently established, thence Easterly along the present Northerly right-of-way line of West San Marnan Drive to the centerline of Pheasant Lane, thence Northerly along the centerline of Pheasant Lane to the centerline of Brookeridge Drive, thence Easterly along the centerline of Brookeridge Drive to the centerline of Kimball Avenue, thence Southerly along the centerline of Kimball Avenue to its intersection with the Easterly extension of the North line of Lot 5 of Tower Park, thence Westerly along the Easterly extension of the North line of Lot 5 and the North line of Lot 5 of Tower Park to the Northwesterly comer of said Lot 5, thence Southwesterly along the Northwesterly line of said Lot 5 Page 335 of 356 to the Southwesterly comer of Said Lot 5, thence Northwesterly, Westerly and Northerly along the Southerly and Westerly lines of Lot 4 of Tower Park to the Northwest corner of said Lot 4, thence Westerly to the Northeast corner of Lot 3 of Tower Park, thence N00°24'22"W 6.98 feet along an extension of the East line of said Lot 3, thence N89°3 8' 05"W 401.08 feet, thence N00°56' 12"E 17.02 feet, thence N89°03'48"W 258.97 feet, thence S00°26' 14"W 20 feet to the Northwest corner of Lot 2 of Tower Park, thence due West to the centerline of Johnathan Street, thence Northerly along the centerline of Johnathan Street to its intersection with the centerline of West San Marnan Drive and the Point of Beginning. And, Lot 1 of Anderson's Eighth Addition. Page 336 of 356 Attachment C City of Waterloo, Iowa Black Hawk County, Iowa Study of Bonding Capacity as of January 1, 2018 January 1, 2018 Actual Gross Assessed Valuation $3,842,687,659 Legal Bonding Rate 5% Legal Bonding Limit $ 192,134,3 83 Less Outstanding G.O. & Other Debt ($ 108,893,025) Unused Gross Bonding Capacity $ 83,241,358 56.68% of legal limit Page 337 of 356 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) Attachment D - San Marnan Amendment No. 5 (2019) Project Proposals Proposed Budgets Future or Anticipated Acquisition $8,000,000 Future or Anticiapted Demolition $500,000 Site Improvements, platting $750,000 Sanitary Sewer, water, road, RISE match $8,000,000 Legal fees, consulting fees, and related expenses associated with administration and operation of the Urban Renewal Area $800,000 Miscellaneous (certification, environmental) $300,000 WW Grainger Rebates $1,200,000 JJB Fin. Res. Adv. Tax Rebates $222,932 Cardinal 10,000 sq. ft. (Vets) Tax Rebates $468,866 Cardinal Medical PHP Tax Rebates $240,000 Hope Martin Anderson Tax Rebates $120,000 MFG LLC Tax Rebates $282,838 MBAK Kimball Beecher Tax Rebates $336,278 VGM - tax rebates grant $2,100,000 $700,000 New medical prospect - rebates $400,000 Taylor - rebates $450,000 Green Acres - rebates $504,000 Vandersee - rebates $50,000 Total $25,424,914 Page 338 of 356 Attachment E CITY OF WATERLOO, IOWA ACQUISITION CHECKLIST 1. City of Waterloo personnel determine property owners affected by the project. 2. Land is appraised or compensation estimate is utilized by staff. If appraised, appraisers then inspect each property affected by the project and make a written appraisal report. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about the use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo, if needed in specific acquisitions of contention. 4. The property owner will then be contacted by an acquisition agent from the City of Waterloo to present the property owner with an offer to purchase. This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit, a partial payment of the purchase price can also be made available per the terms of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City acquisition agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). Page 339 of 356 ATTACHMENT "F" CITY OF WATERLOO, IOWA RELOCATION CHECK LIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo Relocation Agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. If dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, persons displaced may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of your claim application, the Director will appoint a review board and notify you when and where a hearing will be held. The review board will recommend a decision on your claim to the City of Waterloo. The Relocation Agent will notify you in writing of the City of Waterloo's decision within one (1) week. Page 340 of 356 ATTACHMENT "G" A RESOLUTION OF THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION BE IT RESOLVED BY THE WATERLOO CITY PLANNING, PROGRAMMING, AND ZONING COMMISSION OF THE CITY OF WATERLOO: WHEREAS, the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 5 for a Tax Increment Financing District has been prepared by the Planning and Zoning Department in Accordance with Chapter 403 of the Code of Iowa; and WHEREAS, said plan provides incentives for the expansion of the tax base improvements, economic development and creation of jobs; and, WHEREAS, said plan is in conformance with the Comprehensive Plan for this area, NOW THEREFORE, BE IT RESOLVED that the San Marnan Urban Renewal and Redevelopment Plan Amendment No. 5 be and is hereby reviewed and placed on file and recommended for approval and that the Secretary and Chairman of this Commission be and they are hereby authorized and directed to certify a copy of this Resolution. Passed and adopted this day of 2019. ATTEST: Aric Schroeder, Secretary CERTIFICATE Virginia Wilber, Chairperson We, Virginia Wilber, Chairperson and Aric Schroeder, Secretary, of the Planning Programming & Zoning Commission of the City of Waterloo, Iowa, do hereby certify that the foregoing is a true and correct copy of a certain resolution adopted by the Planning, Programming & Zoning Commission of the City of Waterloo, Iowa, on the date thereon indicated. Virginia Wilber, Chairperson Aric Schroeder, Secretary Page 341 of 356 Attachment H CITY OF WATERLOO, IOWA CONSULTATION WITH TAXING ENTITIES Page 342 of 356 Attachment I CITY OF WATERLOO, IOWA RESOLUTION ADOPTING Page 343 of 356 Attachment J CITY OF WATERLOO, IOWA ORDINANCE ADOPTING Page 344 of 356 Attachment K CITY OF WATERLOO, IOWA NOTICE OF PUBLIC HEARING Page 345 of 356 Attachment B SAN MARNAN URBAN RENEWAL AND REDEVELOPMENT PLAN URBAN RENEWAL AREA LEGAL DESCRIPTIONS (note: references below to amendments are to amendments of urban renewal areas, a/k/a TIF districts, made by ordinance, and not to amendments of an urban renewal plan — the numbering system for urban renewal plans may vary from numbering applied to TIF district amendments) Original TIF district area (1999) (Original TIF Subarea) A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast comer of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. TIF district Amendment No. 1 area (2004) (TIF Amendment No. 1 Subarea) (as modified by TIF district Amendment No. 3 (2017) and as modified by TIF district Amendment No. 5 (2019)) Beginning at the intersection of the centerlines of W. 4th Street and West San Maman Drive, thence Easterly along the centerline of West San Maman Drive to the point where the centerline of Johnathon Street extended would intersect said centerline, thence South and Southeasterly along the extension of the centerline and the centerline of Johnathon Street to the South line of Tower Park Drive, thence Southwesterly along an arc following the Southerly line of Tower Park Drive to the Westerly line of Tract Page 346 of 356 A of Tower Park Addition, thence South 45°26' 14" East a distance of 173.84 feet, to a point on the Southwesterly line of Lot 1 Tower Park Addition, thence following said line of Lot 1 57.3 feet along a 64 foot radius curve, thence South 45°26' 14" East 52 feet to the point of intersection of Lot 1 and Tract A, thence South 54°48' 14" East to the most Southerly corner of Tract A, thence in a straight line to the most Westerly corner of Lot 1 of Tower Park No. 2, thence East along the South line of said Lot 1 and an extension thereof to the centerline of Kimball Avenue, thence South along the centerline of Kimball Avenue to the centerline of U.S. Highway 20, thence Easterly along the centerline of U.S. Highway 20 to its intersection with the East line of the West 3/4 of Section 10 Township 88 Range 13, thence South along the East line of the West 3/4 of said Section 10 to the South line of said Section, thence West along the South line of Section 10 Township 88 Range 13 to the Southwest comer of said Section, thence continuing West along the South line of Section 9 Township 88 Range 13 to the Southwest corner of said Section, thence West 466 feet along the South line of Section 8 Township 88 Range 13, thence North 466 feet, thence East 466 feet to the East line of said Section 8, thence North along the East line of said Section to its intersection with the centerline of U.S. Highway 20, thence Westerly along said centerline to its intersection with the centerline of West 4th Street, thence North along the centerline of West 4th Street to the centerline of San Maman Drive, said point being the point of beginning, except that part described as follows: A part of the NW 1/4 of the NE 1/4, NE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 9-88- 13, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East Line of the NW 1/4 of the NE 1/4 of said Section 9 a distance of 463.53 feet to the point of beginning; thence S 89°03'48" E a distance of 110.02 feet; thence Northeasterly along a curve concave Northwesterly having a radius of 82.72 feet and a long chord bearing N 64°43'56" E a distance of 75.66 feet to the Northerly R -O -W line of Tower Park Drive as platted in Tower Park, Waterloo, Black Hawk County, Iowa; thence S 51°28'16" E along the Westerly end of said Tower Park Drive a distance of 60.00 feet; thence Southwesterly along a curve concave Northwesterly having a radius of 142.72 feet and a long chord bearing S 64°43'57" W a distance of 130.55 feet; thence N 89°03'48" W a distance of 58.09 feet; thence Southerly along a curve concave Southeasterly having a radius of 20.00 feet and a long chord bearing S 45°14'59" W a distance of 31.90 feet; thence S 00°26'14" E a distance of 346.22 feet; thence N 89°34'11" W a distance of 30.00 feet to the East line of the NW 1/4 of the NE 1/4 of said Section 9; thence S 00°26'14" E along the East line of the NW 1/4 of the NE 1/4 and the East line of the SW 1/4 of the NE 1/4 of said Section 9 a distance of 470.00 feet to the Northerly R -O -W of U.S. Hwy. 20; thence N 89°34'11" W along said Northerly R -O -W a distance of 780.00 feet; thence N 00°26'14" W a distance of 530.00 feet; thence S 89°34'11" E a distance of 750.00 feet; thence N 00°26'14" W a distance of 367.24 feet; thence S 89°03'48" E a distance of 30.01 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. The East line of the NW 1/4 of the NE 1/4 of Section 9-88-13, Waterloo, Black Hawk County, Iowa is assumed to bear S 00°26'14" E. Except the following 5 areas removed from the TIF district Amendment No. 1 area by TIF district Amendment No. 3 (2017): Page 347 of 356 Area 1: That part of the above described TIF district Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. Area 2: That part of the above described TIF district Amendment No. 1 area located in Section 8 of T88 R13, but not excepting that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. Area 3: That part of the above described TIF district Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34' 50"W 50.00' from the Southwest corner of Lot 3 of Tower Park No. 5; thence NO°26' 00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. Area 4: That part of the above described TIF district Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. Area 5: That part of the above described TIF district Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. Page 348 of 356 And except the following area removed from the TIF district Amendment No. 1 area by TIF district Amendment No. 5 (2019): All that part of the above described TIF district Amendment No. 1 area that is part of Lots 1 thru 24 of Sunnyside South Addition. TIF district Amendment No. 2 area (2009) (TIF Amendment No. 2 Subarea) A parcel of land in the Northwest Quarter (NW 1/4) of Section 10, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the intersection of the centerline of Kimball Avenue and the centerline of US Highway 20; thence Easterly along the centerline of US Highway 20 to the intersection of said centerline and the Southerly extension of the Western -most line of Lot 1, Anderson's Addition; thence Northerly along said Western -most line of Lot 1, Anderson's Addition and the extension thereof, to the South line of Lot 1, Anderson's 1st Addition; thence Westerly along the South line of Lot 1, Anderson's 1St Addition and the South end of the Mirage Ridge right of way to the West right of way line of Mirage Ridge; thence North along the West right of way line of Mirage Ridge to the South line of Lot 1, Anderson's Fifth Addition; thence Westerly along the South line of Lot 1, Anderson's Fifth Addition and Lot 1, Anderson's Eighth Addition and the Westerly extension thereof, to the centerline of Kimball Avenue; thence Southerly along the centerline of Kimball Avenue to the centerline of US Highway 20 and the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. TIF district Amendment No. 4 area (2017) (TIF Amendment No. 4 Subarea) That part of the above described TIF district Amendment No. 1 area located in Section 9 and 10 of T88 R13 lying Southerly of the centerline of US Highway 20. And, That part of the above described TIF district Amendment No. 1 area located in Section 8 of T88 R13, except that part of said Section 8 described as Beginning at the intersection of the East line of the NE 1/4 of said Section 8 and an Easterly extension of the South line of the parcel of land described in Land Deed Book 543, Page 141, in the Black Hawk County Recorder's Office; thence S89°40'05"W 49.00'; thence continuing S89°40'05"W 188.62'; thence S89°05'28"W to the Easterly right-of-way line of Galactic Drive; thence Northerly along said Easterly right-of-way line and an extension of said Easterly right-of- way line to the centerline of West San Marnan Drive; thence Easterly along said centerline to a point that would intersect a Northerly extension of the East line of said Section 8; thence Southerly along said Northerly extension and the East line of said Section 8 to the Point of Beginning. And, That part of the above described Amendment No. 1 area described as Beginning at the intersection of the centerline of West San Marnan Drive and the Northerly extension of the West line of the Northeast 1/4 of the Northwest 1/4 of Section 9, T88 R13; thence Southerly along said Northerly extension and said West line to the Northerly right-of-way line US Highway 20; thence Easterly along said Northerly right-of-way line to the Southwest corner of Lot 1 of Tower Technology Park Plat No. 1; thence Northerly along the Page 349 of 356 Westerly line of said Lot 1 to the Northwest corner of said Lot 1; thence Northerly along the Westerly most line of Tract A of Tower Technology Park Plat No. 1 to the Northwest corner of said Tract A that is on said Westerly most line of said Tract A; thence Easterly along the Northerly right-of-way line of Fisher Drive, as presently established, to a point that is N89°34' 50"W 50.00' from the Southwest comer of Lot 3 of Tower Park No. 5; thence N0°26' 00"W 310.66' to the Southerly right-of-way line of Tower Park Drive, as presently established; thence Easterly along said Southerly right-of-way line to a point where a Southerly extension of the West line of Lot 2 of Tower Park No. 5 would intersect; thence Northerly along a Southerly extension of said West line, along said West line, and along a Northerly extension of said West line to the centerline of West San Marnan Drive; thence Westerly along said centerline to the point where a Northerly extension of the Easterly line of Lot 1 of Tower Park No. 6 would intersect; thence Southerly along said Northerly extension and said Easterly line to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 to the Southwest corner of said Lot 1; thence Northerly along the Easterly right-of-way line of Hurst Drive and a Northerly extension of said Easterly right-of-way line to the centerline of West San Marnan Drive; thence Westerly along said centerline of West San Marnan Drive to the Point of Beginning. And, That part of the above described TIF district Amendment No. 1 area described as: Lot 1, Tract A, and Tract B of Tower Park No. 4. And, That part of the above described TIF district Amendment No. 1 area described as: Lot A and Lot 3 except the East 21.99 feet of Lot 3 of Country Club Business Center Addition, and Lot 2 of Country Club Business Center Second Addition, and Lot 3 of Country Club Business Center Third Addition. And, That part of the Southeast 1/4 of the Northeast 1/4 of Section 10, T88 R13, lying Southerly of the centerline of US Highway 20, except the North 422 feet of the South 678.5 feet of the East 218.4 feet of said Southeast 1/4 of the Northeast 1/4, and except Parcel A, being part of the Northeast 1/4 of Section 10, T88R13, pursuant to survey filed May 24, 2016 as Document No. 2016-019901, and except Tract B of said Southeast 1/4 of the Northeast 1/4, recorded as Land Deed 539, Page 330 in the Black Hawk County Recorder's Office. TIF district Amendment No. 5 area (2019) (TIF Amendment No. 5 Subarea) Beginning at the intersection of the centerlines of West San Marnan Drive and Johnathan Street, thence Northerly along an extension of the centerline of Johnathan Street to the Northerly right-of-way line of West San Marnan Drive as presently established, thence Easterly along the present Northerly right-of-way line of West San Marnan Drive to the centerline of Pheasant Lane, thence Northerly along the centerline of Pheasant Lane to the centerline of Brookeridge Drive, thence Easterly along the centerline of Brookeridge Drive to the centerline of Kimball Avenue, thence Southerly along the centerline of Kimball Avenue to its intersection with the Easterly extension of the North line of Lot 5 of Tower Park, thence Westerly along the Easterly extension of the North line of Lot 5 and the North line of Lot 5 of Tower Park to the Northwesterly corner of said Lot 5, thence Southwesterly along the Northwesterly line of said Lot 5 Page 350 of 356 to the Southwesterly comer of Said Lot 5, thence Northwesterly, Westerly and Northerly along the Southerly and Westerly lines of Lot 4 of Tower Park to the Northwest comer of said Lot 4, thence Westerly to the Northeast corner of Lot 3 of Tower Park, thence N00°24'22"W 6.98 feet along an extension of the East line of said Lot 3, thence N89°38'05"W 401.08 feet, thence N00°56' 12"E 17.02 feet, thence N89°03 '48"W 258.97 feet, thence S00°26' 14"W 20 feet to the Northwest corner of Lot 2 of Tower Park, thence due West to the centerline of Johnathan Street, thence Northerly along the centerline of Johnathan Street to its intersection with the centerline of West San Marnan Drive and the Point of Beginning. And, Lot 1 of Anderson's Eighth Addition. Page 351 of 356 Mayor QUENTIN HART COUNCIL MEMBERS ••••••••••••••••••• MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PAT MORRISSEY Ward 3 JEROME AMOS Ward 4 RAY FEUSS Ward 5 SHARON JUON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director DATE: May 23, 2019 TO: Planning and Zoning Commission Members From: Aric A. Schroeder, City Planner RE: Proposed Amendment 5 to the San Marnan Area Urban Renewal Planning staff is proposing to amend the San Marnan Urban Renewal and Redevelopment Plan and TIF District by removing an area from the existing TIF boundary, and by adding to areas into the TIF boundary. The areas being removed are the "front yards" of the lots in Sunnyside Addition, and are being removed to avoid the lots from being split and part in and part out of the TIF. The areas being added include 1) the area generally located between San Marnan Drive and Brookeridge Drive, and between Pheasant Lane and Kimball Avenue, and 2) the Southeast corner of Kimball Avenue and E. Tower Park Drive. This would appear to be the best model to accomplish economic development of this area. The amendment will also update projects and project budgets to be included in the Plan, and include other general updates to the Plan. Attached are a series of maps that detail the proposed changes to the San Marnan Urban Renewal and Redevelopment Plan TIF District (Amendment 5). If you have any questions on the amendments, please contact our office. Respectfully, Aric A. Schroeder, City Planner WE'RE WORKING FOR YOU! 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