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HomeMy WebLinkAboutCouncil Packet - 8/17/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, August 17, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 373 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Joel Fitzgerald, Police Chief Agenda, as proposed or amended. Minutes of August 3, 2020, Regular Session, as proposed. Proclamation declaring August 16-22, 2020 as Water and Wastewater Workers Week. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 120 Center Street, Contract #AB-2020-08-1P, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 3. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, Contract #AS-2020-08-9P and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 4. Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 118 Page 2 of 373 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street, Contract #AB-2020-08- 8P, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 3, 2020 and date of public hearing as September 8, 2020, in conjunction with demolition services, Contract #D-2020-08- 1 P at 120 Center Street, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting date of public hearing as September 8, 2020, for the sale and conveyance of city owned property located at 219 Newell Street, in the amount of $139,900, to Camay Nichole Smith, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director 7. Resolution setting a date of public hearing as September 8, 2020, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lot 10 in Block 1 of Mansons Second Addition to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving the request of Bonniesue W. Joy, for tax exemptions on the construction of a new garage valued at $24,200, for property located at 730 Knoll Avenue, and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at $159,900, for property located at 821 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at $159,900, for property located at 823 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving the request of Jason Cremeans for tax exemptions on the construction of a single family home valued at $326,646, for property located at 1446 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving the request of Josh Nowicki for tax exemptions on the construction of a single family home valued at $321,500 for property located at 1835 Waxwing way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving the request of Brian Werner for tax exemptions on the construction of a single family home valued at $245,000, for property located at Page 3 of 373 3135 Osage Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution approving the request of Lori Honermann for tax exemptions on the construction of a single family home valued at $470,000, for property located at 4835 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving submission of a US Department of Justice Assistance Grant application, in the amount of $44,769, with no City match, in conjunction with the purchase of a police Mobile Crisis Response vehicle and related equipment. Submitted By: Joe Leibold, Police Major 16. Resolution approving submission of a U.S. Department of Housing and Urban Development Lead Hazard Control and Healthy Homes Grant application, in the amount of $3,700,000, with a match of $280,000 in Community Development Block Grant funds, to be used during a 3.5-year grant cycle. Submitted By: Rudy D. Jones, Community Development Director 17. Resolution approving request of Daria T. Shahriari for a waiver for a concrete driveway, located at 1628 W. 2nd Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 18. Resolution approving request of Harvey Parcel for a waiver for an asphalt driveway, located at 1834 Lorraine Avenue (approach off Wisconsin Street), with the elimination of the sidewalk section for asphalt driveways. Submitted By: Jamie Knutson, PE, City Engineer 19. Resolution approving request of Fred Levy Jr., for a waiver for an asphalt driveway, located at 2112 City View Street, with the elimination of the sidewalk section for asphalt driveways. Submitted By: Jamie Knutson, PE, City Engineer 20. Resolution approving request of Robert Stirm for a waiver for an asphalt driveway, located at 1920 Locke Avenue, with the elimination of the sidewalk section for asphalt driveways. Submitted By: Jamie Knutson, PE, City Engineer 21. Resolution approving award of bid to Baker Enterprises, Inc., of Waverly, Iowa, in the amount of $869,439, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said documents. Submitted By: Matt Schindel, Associate Engineer 22. Resolution approving award of bid to Kidder Construction of Waterloo, Iowa, in the amount of $302,574, and approving the contract, bonds and certificate of insurance, in conjunction with the Public Works Truck Wash Project, and authorizing the Mayor to execute said document. Submitted By: Randy Bennett, Public Works Division Manager 23. Resolution approving preliminary specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and resetting public hearing as September Page 4 of 373 8, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Lobby Renovation Project, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Inv. Tyler and Inv. McFarland Class/Meeting: Homicide investigation in Haltom City, Texas conducted by Inv. Jeff Tyler and Dave McFarland. Destination: Haltom City, Texas Dates: July 25-28, 2020 Amount not to exceed: $2,366.91 b. Chris Ferguson, Fire Marshal Class/Meeting: Arson K9 re -certification. Destination: Omaha, NE Dates: September 7-11, 2020 Amount not to exceed: $795 c. Mindy Smith, Intake Specialist Class/Meeting: CDBG Basics Online and Certification Destination: Online Dates: September 15 - October 8 (Tuesdays and Thursdays) 2 hours per day Amount not to exceed: $300 d. Wayne Castle, Associate Engineer; Sarah Kempen, Storm Water Specialist Class/Meeting: IStorm 2020 Storm Water Conference Destination: Online Dates: October 28-29, 2020 Amount not to exceed: $250 e. Rusty Zey, Randy Shepard, Troy Deeds, Chris Preston; Airport Ops/ARFF Personnel Class/Meeting: Live Aircraft Fire - Hot Burn Training Destination: Eastern Iowa Airport, Cedar Rapids, Iowa Dates: September 21-22, 2020 Amount not to exceed: $1,800 1. LIQUOR LICENSES a. Chilitos Mexican Bar and Grill, 441 E. Tower Park Dr. Class: C Liquor and Outdoor Service Renewal Application Includes Sunday Expiration Date: 8/7/2021 b. Family Dollar Store #21424, 1120 Franklin St. Class: B Wine / C Beer Page 5 of 373 Renewal Application Includes Sunday Expiration Date: 8/8/2021 c. Kwik Star #229, 1717 E. San Marnan Dr. Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 9/24/2021 d. Landmark Commons, 1400 Maxhelen Blvd. Class: A Liquor, Outdoor service New Application Includes Sunday Expiration Date: 7/31/2021 e. Longhorn Steakhouse #5374, 1425 E. San Marnan Dr. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 8/31/2021 f. Mama Nick's Circle Pizzeria, 1934 Washington St. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 9/9/2021 2. APPOINTMENTS a. John Chiles Board/Commission: Community Development Board Expiration Date: August 14, 2023 Re -Appointment b. David Deeds Board/Commission: Airport Board Expiration Date: June 30, 2024 New Appointment 3. Motion to approve Solicitation Registration Application by Mike Mrzlak on behalf of AMVETS Post 31, 706 Colleen Ave., Evansdale, to raise funds for the Veteran's Honor Flight, East High School Jr. ROTC, and West High School Jr. ROTC. 4. Motion to approve Change Order No. 1, adding $779.74 to the existing project total, to Woodruff Construction, LLC, of Waterloo, Iowa, for the removal of additional Asbestos Containing Building Materials (ACBM's) found in Hangar No. 4 at Waterloo Regional Airport, and authorizing the Mayor to execute said documents. Submitted By: Keith Kaspari, Airport Director 5. Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at the following locations: 301 East 4th Street (CN 22), 323-329 East 4th Street (CN 23), 510-512 Mulberry Street (CN 342), 500 block Sycamore Street (CN 408), 500 block Sycamore Street (CN 409), and 500 block Sycamore Street (CN 410). Page 6 of 373 Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. Motion to approve request of Pendulum Properties, LLC, for an extension to repair sidewalks at 517-521 Lafayette Street (CN 269). Submitted By: Wayne Castle, PLS, PE, Associate Engineer 7. Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at 425 Franklin Street (CN 221). Submitted By: Wayne Castle, PLS, PE, Associate Engineer 8. Recommendation of appointment of Nicholas Schissel to the position of Downtown Area Maintenance II in the Leisure Services Department, effective August 25, 2020. Submitted By: Paul Huting, Leisure Services Director 9. Bonds. PUBLIC HEARINGS 2. Five Sullivan Brothers Convention Center Addition and Lobby Renovation Project. The public hearing is cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning and Development Director 3. Asbestos abatement services at 120 Center Street. The public hearing is cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning and Development Director 4. Asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. The public hearing is cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning and Development Director 5. Asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street The public hearing is cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 6. Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Pat Treloar, Fire Chief 7. Resolution approving a Professional Services Agreement with ProWest and Associates, of Walker Minnesota, in the amount of $22,286.27, in conjunction with programming in ArcGis to provide the Engineering Department a digital solution for inspecting, tracking, and project management of the annual sidewalk program, and authorizing the Mayor to Page 7 of 373 execute said document. Submitted By: Jamie Knutson, PE, City Engineer 8. Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $8,180, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer 9. Resolution approving a request from Kenneth M. Doland II appealing the decision of the City Engineer concerning the disallowance of a second curb cut on a property with less than 100 feet of street frontage, located at 914 Reber Avenue, together with recommendation of the Planning, Programming and Zoning Commission. Submitted By: Noel Anderson, Community Planning and Development Director 10. Resolution accepting a deed for a home located at 219 Newell Street from Hawkeye Community College, in the amount of $135,000, in accordance with the previously approved project addendum agreement for the construction of the home, approved on October 16, 2017, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving a request by the City of Waterloo for approval of the Preliminary Plat of the Waterloo Air and Rail Park, a twelve (12) lot commercial subdivision located north of 3040 Leversee Road, in a "M-2,P" Planned Industrial District. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-3(D), Application Procedure and Requirements, as it relates to the approval of the final plat of Waterloo Air and Rail Park 1st Addition. Submitted By: Noel Anderson, Community Planning and Development Director 13. Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road. Submitted By: Noel Anderson, Community Planning and Development Director 14. Resolution concurring with the determination of City Planner that the proposed change to the approved site plan within an "M-2,P" Planned Industrial District for the construction of a 162,885-square-foot industrial building, 6,283-square-foot office area and 10,194-square-foot vehicle maintenance shop, located east of 1994 Newell Street, is minor, and shall be approved as a Minor Site Plan Amendment. Submitted By: Noel Anderson, Community Planning and Development Director 15. Resolution approving an Early Access Agreement with Hawkeye Community College of to allow earth -moving and foundation construction in preparation of development of the site east of 225 Newell Street, and authorizing the Mayor and City Clerk to execute said document. Page 8 of 373 Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,128,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020A, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Submitted By: Michelle Weidner, Chief Financial Officer 17. Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $19,186,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Submitted By: Michelle Weidner, Chief Financial Officer 18. Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $5,138,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020B, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Submitted By: Michelle Weidner, Chief Financial Officer 19. Resolution amending the Expenditure Authorization Policy by increasing the expenditure pre -authorization limit from $1,000 to $2,500 for all purchases. Submitted By: Dave Boesen, At -Large Council member 20. Resolution adopting a face mask mandate for the City of Waterloo. Submitted By: Jonathan Grieder, Ward 2 Council member ORDINANCES 21. An ordinance enacting a new changing station requirement to certain facilities. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Section 6, Changing Stations, of Chapter 1, Building Code, Title 9, Building Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Jonathan Grieder, Ward 2 Council member 22. Fireworks Ordinance Amendment. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations and enacting in lieu thereof a new Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Page 9 of 373 Submitted By: Pat Morrissey, Ward 3 Council member 23. Request by Greg Steffen to rezone 8.80 acres, located at 4192 Logan Avenue, from "A-1" Agricultural District to "R-2" One and Two Family Residence District, to construct a new single-family home. Motion to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to rezone 8.80 acres, located at 4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence District, for construction of a new single-family home. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:30 p.m. Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Planning, Programming and Zoning Commission July 7, 2020 minutes Page 10 of 373 CITY OF WATERLOO Council Communication Minutes of August 3, 2020, Regular Session, as proposed. City Council Meeting: 8/17/2020 Prepared: ATTACHMENTS: Description Type o Minutes of 8/3/2020 Regular Session Backup Material Submitted by: Submitted By: Page 11 of 373 August 3, 2020 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, August 3, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Grieder, and Juon joined the meeting by telephone. Mrs. Klein was present. Absent: Feuss. Prayer or Moment of Silence. Pledge of Allegiance: Kelley Felche, City Clerk 158934 - Juon/Grieder that the Agenda, as amended, Item 1.A.5, removing 814 Bluff Street (quonset hut only) and replacing it with100 E. 9th Street, for the Regular Session on Monday, August 3, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Nays: One (Morrissey). Motion carried. Mr. Morrissey asked that the agenda as proposed be rejected unless item number 4 is deleted from the agenda, as he believes the item is out of order. Mayor Hart questioned why he believes the item is out of order. Mr. Morrissey explained that the motion to rescind is out of order and that because there are two motions to be voted on, the resolution should be divided into two motions. Mrs. Juon commented that she disagrees with Mr. Morrissey's interpretation and would like to hear from the city attorney as to whether it is out of order. Kelley Felchle, City Clerk, commented that council has approved hundreds of similar actions involving a motion to rescind along with an approval of a new resolution and provided an example. She explained that if a council member wishes to split an item into two actions it could be done at the time the council takes up the question. Mr. Morrissey responded by reading a portion of the City Code of Ordinance and Roberts Rule of Order and his interpretation thereof. Mayor Hart stated that council has in -fact passed many similar resolutions and if Mr. Morrissey disagrees with the resolution then he can vote against it. 158935 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, July 27, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Nays: One (Morrissey). Motion carried. ORAL PRESENTATIONS Chris Lyons, 822 Home Park Blvd., explained that she is coming to speak about the city's insurance carrier for denying their insurance claim. She does not know what the future plans are for all of this but she believes the city should make it right. Many of the homes owners do not have insurance that will pay for the damage. Lynette Risse, 733 Reber, commented that she has not received a denial letter but that she knows it would be coming as everyone else has received a letter. She questioned why they were told to file for compensation if the city was going to deny responsibility and it is wrong to have people apply when there was no intent to pay anything. She stated that when the Mayor asked if she had be contacted by the insurance company yet, she felt that by his asking, it was admitting some liability because there would be no point to ask her otherwise. Kelley Felchle explained that Ms. Risse's application had not been received by the city until last Monday and that it was filed with the insurance company the same morning. She stated that this is likely the reason she had not heard from the insurance company last Monday. Lynette Risse explained that she has since been contacted by the insurance company and was asked about the age of her lost appliances. She questioned why they needed to know that information when they were not going to pay for them. She stated she had learned that her neighbors had already Page 12 of 373 August 3, 2020 Page 2 been denied. The insurance representative told they were still looking into it and had not decided if they were going to pay or not. She said that it was a lie to state that they were still thinking about it. Mr. Boesen recognized the passing of retired Police Department Captain Bruce Arends and asked everyone to keep his family in their prayers. Mrs. Juon echoed Mr. Boesen's comments on Bruce Arends. She clarified that it is the insurance company that denied the claims not the city. Mr. Morrissey also gives his condolences to the family of Bruce Arends. Mayor Hart revisited the topic of census reminders and explained several ways the census reminders will be distributed to the community through the month of October and the importance of everyone filling it out. 158936 - Juon/Boesen that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 158937 - Juon/Morrissey 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 August 3, 2020, in the amount of $2,779,759.45, 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. 2020-572. 2. Resolution approving cancellation of assessment for 3868 Jay Lane in the amount of $804.18, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-573. 3. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 120 Center Street and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-574. 4. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, for asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. loth Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-575. 5. Resolution approving preliminary plans, specifications, form of contract, etc., setting the date of bid opening as August 13, 2020 and date of public hearing as August 17, 2020, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Resolution adopted and upon approval by Mayor assigned No. 2020-576. Page 13 of 373 August 3, 2020 Page 3 1. 6. Resolution approving Variance to Noise Ordinance request from Tonnette Wise, in conjunction with a memorial service for Cortez Harrison to be held July 31, 2020, from 1:30 p.m. to 3:30 p.m., at Sullivan Park, including the use of a P.A. system. Resolution adopted and upon approval by Mayor assigned No. 2020-577. b. Motion to approve the following: a. b. c. d. e. f. g• h. i. J. k. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Brenda's Park Road Inn, 306 Park Rd. C Liquor and Outdoor Service Renewal 8/8/2021 Casey's General Store #2880, 1604 LaPorte Rd. B Wine, C Beer, and E Liquor New 9/30/2021 x Kwik Star #569, 875 Fisher Dr. B Wine and C Beer Renewal 8/27/2021 x Old Skool Lounge, 120 Sumner St. C Liquor and Outdoor Service Renewal 7/5/2021 x Una Bar and Restaurant, 910 W. 5th St. C Liquor Renewal 6/30/2021 x Verve Kombucha, 327 W. 3rd St. C Liquor and Outdoor Service Renewal 7/9/2021 x Waterloo Fraternal Order of Eagles, 202 E. 1st St. A Liquor and Outdoor Service Renewal 7/14/2021 x BJ's Bar and Billiards, 110 Ida St. C Liquor and Outdoor Service Renewal 7/29/2021 x Casey's General Store #2879, 3260 University Ave. B Wine, C Beer, and E Liquor New 9/30/2021 x Guddi Mart, 306 Byron Ave. B Wine and C Beer Renewal 7/2/2021 x Hy-Vee Gas #3, 1512 Flammang Dr. C Beer Renewal 8/26/2021 x 2. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Virginia Wilbur Planning, Programming & Zoning Commission August 7, 2023 Re -Appointment 3. Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850 Park Road, for all home games starting at 10:00 p.m. and lasting for ten minutes. 4. Bonds. Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 158938 - Morrissey/Grieder that proof of publication of notice of public hearing on the request by Greg Steffen to rezone 8.80 acres, located at 4192 Logan Avenue, from "A-1" Agricultural District to "R-2" One and Two Family Residence District, to construct a new single family home, as published in the Waterloo Courier on July 24, 2020, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Page 14 of 373 August 3, 2020 Page 4 158939 - Morrissey/Grieder that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 158940 - Morrissey/Grieder 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 rezone 8.80 acres, located at 4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence District for construction of a new single family home", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. 158941 - Morrissey/Grieder that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Klein and Juon). Motion failed. Noel Anderson, Community Planning and Development Director, explained that there are two neighbors opposed to the rezoning, and said that the property owner requesting the rezone does have a buyer for the site and they are anxious begin construction. 158942 - Amos/Morrissey that proof of publication of notice of public hearing on the sale and conveyance of City owned property located adjacent to 900 Commercial Street, with an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, and rescinding Resolution No. 1986-646 in its entirety, as published in the Waterloo Courier on July 24, 2020, be received and placed on file. Voice vote -Ayes: Six. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 158943 - Amos/Morrissey that the hearing be closed. Voice vote -Ayes: Six. Motion carried. 158944 - Amos/Morrissey that "Resolution authorizing the sale and conveyance of City owned property, located adjacent to 900 Commercial Street, with an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxine C. Hughes Revocable Trust U/A, and an undivided one-half interest to Mark A. Hughes, as Successor Trustee of the Maxwell V. Hughes Residuary Trust, and authorizing the Mayor and City Clerk to execute said document, and rescinding Resolution No. 1986-646 in its entirety", be adopted. Roll -call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-578. RESOLUTIONS 158945 - Amos/Grieder that "Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $35,000.00 for the first year, $38,000 for years two through four and $34,833.34 for the fifth year, authorizing the Mayor and City Clerk to execute said agreement, and rescinding Resolution No. 2020-557", be adopted. 158946 - Morrissey/Boesen To divide the question into two separate issues. Mrs. Juon asked if the motion needed a vote. Page 15 of 373 August 3, 2020 Page 5 Kelley Felche read from the city code to clarify that the motion to divide does not require a vote. Mr. Morrissey explained that if the motion to rescind fails, than it makes the second portion mute. 158947 - Amos/Juon To rescind Resolution No. 2020-557. Roll call vote -Ayes: Four. Nays: Two (Boesen and Morrissey). Motion carried. Mrs. Juon questioned what happens if the motion to rescind fails, and would the city even have a contract in place. Marty Petersen, City Attorney, commented that the city would not have a contract. Mrs. Juon reminded council to look at the contract in front of us today, which includes changes that have been requested by Republic that will be beneficial to all involved. That makes it acceptable to reconsider and talk about the new contract. Forrest Dillavou, 1725 Huntington Road, commented that his question is similar to Mrs. Juon's and questioned if a contract is in existence. He stated that the city is in financial difficulty because they do not read contracts. Mr. Morrissey commented that the city amended the contract on July 20th to change it to one year. The city voted on the contract to take effect on July 20, 2020. A representative of Republic Parking was at the meeting and was informed of its amendment and approval. He stated that contrary to what the city attorney says the city is under a contract and has been for two weeks. He further stated that it would require 30 days' notice to terminate the contract and it cannot be undone by rescinding. Mayor Hart commented that he heard the words mutually agreeable and that Republic has to sign the contract. Michelle Weidner, Chief Financial, commented that she does not believe that we have a signed contract for one year. The executives from the company who have the authority to enter into an agreement were not on the phone. She explained that the prior contract does state that it automatically extends on a year-to-year basis, so it is possible that the city could still be under the prior contract for another year. Mrs. Klein commented that she would vote to rescind because she supports our city attorney's legal opinion. Mr. Morrissey reiterated that a motion to rescind is to be followed according to rules of procedure and explained that Republic Parking has been operating for the last two weeks under the resolution that was voted on. He then cited Roberts Rules of Order that disallows rescinding a contract under certain circumstances. Kelley Felchle commented by reading what the newly revised l lth edition of Roberts Rules of Order states on when a contract can or cannot be rescinded. She also read from an online version of Roberts Rules of Order, which differed from the 11 th edition version. She cautioned council on relying too heavily on Roberts Rules of Order especially since the city code has not specifically adopted a particular version to follow. Mr. Boesen commented that his experience is that when two codes are in conflict, the most stringent one takes effect. He questioned that if the new contract proposed fails to pass, does the city revert back to the prior contract on a year-to-year basis. Michelle Weidner commented that that would be her understanding, so it would mean the city would be paying a higher rate and none of the things council requested with the new contract would happen. Martin Petersen commented that he agrees with Mrs. Weidner. Mr. Boesen questioned if the line item budget would be affected. Page 16 of 373 August 3, 2020 Page 6 Resolution adopted and upon approval by Mayor assigned No. 2020-579. 158948 - Amos/Grieder that "Resolution approving a Management Agreement with Republic Parking System, Inc., effective July 20, 2020 and expiring June 30, 2025, in the amount of $35,000.00 for the first year, $38,000 for years two through four and $34,833.34 for the fifth year, authorizing the Mayor and City Clerk to execute said agreement. Roll call vote -Ayes: Four. Nays: Two (Boesen and Morrissey). Motion carried. Mr. Boesen questioned if all of the equipment used by Republic is owned by the city, specifically vehicles, and if so, why they are not taken to the city garage for repairs. Michelle Weidner commented that most of the equipment is city -owned, and explained that there were issues in the beginning with service. Mr. Boesen commented that he would hope that now that the city has more mechanics on staff that we could do the work on the vehicles moving forward to reduce the expenses that we cover for Republic. Mr. Morrissey commented that he objects to this motion, as the council has not had a work session on this new contract. Mrs. Juon commented that she believes the revised terms are in the benefit of the city. She commented that many of the work sessions focused on parking and not the contractual relationship, and stated that Republic is a professional organization that can bring expertise to discussions about parking in the future and she is in favor of approving this contract. She further commented that she learned there is still a third agenda item included in this. Mr. Morrissey requested an explanation of what the third agenda item would be in relation to this contract. Mayor Hart stated that it is not germane to this. Resolution adopted and upon approval by Mayor assigned No. 2020-580. 158949 - Boesen/Grieder that "Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the F.Y. 2021 Shaulis Road Reconstruction - Hess Road to Hwy 218 Project, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-581 158950 - Boesen/Grieder that "Resolution approving an amendment to the Professional Services Agreement, originally executed April 8, 2019, with Ament Design of Cedar Rapids, Iowa, in conjunction with the West Ridgeway Avenue at Greyhound Drive Traffic Safety Improvements Project, in an amount not to exceed $46,800, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-582. 158951 - Boesen/Grieder that "Resolution approving submission of an Iowa DOT Traffic Safety Fund grant application, in the amount of $128,000, in conjunction with traffic safety improvements at the intersection of Vinton Avenue and Independence Avenue, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-583. Page 17 of 373 August 3, 2020 Page 7 158952 - Klein/Grieder that "Resolution approving acquisition of property generally described as Summit Softball Fields from Waterloo Community Schools, in the amount of $1.00, and authorizing the Mayor and City Clerk to execute said documents.", be adopted. Roll call vote -Ayes: Six. Motion carried. Mr. Grieder commented that individuals contacted him with concerns for the type of housing to be built in the area and that they currently enjoy the green space. Noel Anderson explained there are not currently any specific plans for the property and stated that the city is currently maintaining the property for quite some time. He said that if the city did move forward with development that they would be looking at one and two family homes rather than a multi -family unit. Shiela Carlson, 122 Euclid Avenue, commented that she is aware of a gardening group called EMBARC and that they have a three-year contract to keep a community garden going. She questions what would happen to the garden if the city purchases the property for $1.00. She stated there are people interested in purchasing the property and asked if the city could purchase it for $1.00, would they be able to purchase it for $5 or $10 dollars. She questioned the meaning of in -fill housing. Noel Anderson commented that the city has a standard garden plot contract that can be a multi -year contract, but are generally one-year with wording that if the city wishes to sell the land for development, the contract can be ended on an annual basis. He explained that if some neighbors wished to purchase a portion of the land, the city would review and consider how it could still achieve its purposes while working with the neighbors. He then provided a description of infill housing. Mayor Hart clarified that infill housing means that they are filling a space in a neighborhood with new compatible housing. He added that informing neighbors of the new housing being built is part of the process to make sure no one is caught off -guard, and then clarified the city could help relocate the garden if it became necessary to end the contract. Noel Anderson confirmed that there is nothing currently planned and the city is aware of the good that EMBARC does and would work with them to find another location to continue their garden if needed. Shiela Carlson also asked the city to keep the sewer system in mind when considering additional housing, as they are a short distance from the area with recent sewer issues. Mrs. Klein commented that the roads in that neighborhood are very narrow and have no curbs and she cannot imagine more houses on the narrow street. Mrs. Juon commented that the city would work with the neighborhood associations and contingent neighbors as they look to develop in the future. Forest Dillavou, 1725 Huntington Road, commented that this is just one more property that we will have to maintain and another lot that we do not need. He stated that there are many schoolhouses all over Waterloo that we mow the ground, we give the land away and the land is never developed. He also commented that the sewer system cannot handle additional houses and we should let the school keep the property. Noel Anderson provided a list of former school sites that have been developed with infill housing. Mrs. Juon questioned if the city is not already mowing this lot. Paul Huting, Leisure Services Director, explained that there was an agreement made several years ago for the city to mow school sites. Mr. Boesen questioned who would mow the property once it is acquired. Paul Huting explained that it is the intention of Leisure Services to mow the property then it would switch to Planning and Zoning. Resolution adopted and upon approval by Mayor assigned No. 2020-584. Page 18 of 373 August 3, 2020 Page 8 158953 - Klein/Grieder that "Resolution approving Amendment No. 1 to the Professional Services Agreement, originally executed October 30, 2018, with HR Green, Inc., of Cedar Rapids, Iowa, in conjunction with environmental investigation services at the former Weissman Steel site area, in the amount of $11,000, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-585. OTHER COUNCIL BUSINESS 158954 - Amos/Grieder that Change Order #2 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $4,962.90, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. Noel Anderson explained the need for the change orders due to a variety of details uncovered while making the changes to the walls, entrances and ceiling work. Mayor Hart questioned how old is the ceiling and how long has the transformer been in the building. Noel Anderson explained they have both been in place since the original construction of the building. 158955 - Amos/Grieder that Change Order #3 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of $3,870.35, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Six. Motion carried. ADJOURNMENT 158956 - Juon/Boesen that the Council adjourn at 7:03 p.m. Voice vote -Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 19 of 373 `d CITY OF WATERLOO, IOYYA PROCI.i4MATION WHEREAS, our surface and ground waters are treasured natural resources; and WHEREAS, the water and wastewater workforce of the City of Waterloo have dedicated themselves to applying environmental science to enhance the drinking and recreational waters of our great city; and 1l tHERE S, their applied environmental science -based knowledge and practices continue to be a vital element in improving the quality of life and protecting public health in our city, and promoting sustainability in our way of living. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of August 16 — 22, 2020, as WATER AND WASTEWATER WORKERS 1AikEx IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 17th day of August 2020. ATTEST: lley Fel City Clerk DIA aiv Quentin Hart Mayor y CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 120 Center Street, Contract #AB-2020-08-1P, and instruct the City Clerk to publish notice. City Council Meeting: 8/17/2020 Prepared: 7/27/2020 ATTACHMENTS: Description Type ❑ Aerial Photo Backup Material ❑ Photos Backup Material ❑ Black Hawk County Assessors Detailed Report Backup Material ❑ RFP-Contract #AB-8-2020-1P Backup Material SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 120 Center Street, Contract #AB-2020-08-1P, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval 120 Center Street was acquired through Iowa Code 657A. Staff is working Summary Statement: with B&B Lawn Care which is located adjacent to 120 Center Street to purchase the property for the expansion of there business. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Background Information: The property contained a bulk oil facility for nearly 70 years before closing in the late 1960s. Available historical records depicted an oil and grease warehouse, numerous above ground storage tanks, coal storage, and a railroad siding associated with the operation. It later transitioned to a welding supply shop for approximately two decades before becoming an auto repair/detailer in 2000 but has been vacant since 2001. Page 21 of 373 7/27/2020 Printable Map Output Black Hawk County Parcel Map Parcel ID: 8913-23-231-002 Deed Holder: CITY OF WATERLOO Parcel Address: 120 CENTER ST, WATERLOO, IA 50703 Legend Selected parceldim Features road na me_ airP°� irs Pital Aerie Photos L'�i''J[_ Bias Hawk Co. firedept parks_ parks twprng �ys°i Railroatls ;J Sectioned �.• Water O Rohl. .of .Way Township ` F CHy Lines railroad dim rroaddim waterna me fit.•, - '•• � ,:• II1!' . i I iS l - 41 +`f� ' _ I aaa(jj��� _ :L :.r • r.� .'1'.•' , - •- • � t' y ' . ... { J t:' - __:-_•-S:'� -_ .W :q-0F -�.:. IOW '� iS'• • I' ,. ' ri {" . - ', ry,j: _ {, '. • ' { 2 N. ';, �p . 4 r{ l"N t• �C4 ` Sr :. '�0i Y irct piy- �S ` _ • - Yam' ' \ �a Ie • k •-e. - . . 152.65 L,, 207.23 4 , CD CO0dtot -.Y. 1=—. --- 130.12 - 4 65 1 x. ,__ — • -4 ..- il rf!•• t •. 'tlir 5 3.:1 Map. crcaladred h ArcIMS_CapYrlg hi ;C 11992.2001 [SR i In= A III ,j dilf.11 Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor@co.black-hawk.ia.us.org Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 22 of 371 7/27/2020 Black Hawk County Property Photos There are 2 photos of parcel 891323231002. Click a number to see an image: 1 2 www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891323231002&arg=photo Page 23 of 3731 7/27/2020 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-23-231-002 Deed Holder CITY OF WATERLOO iTax Mail to Address PDF No. Map Area 17 Contract Buyer PDF 13 WAREHOUSE/SHOP WA-E Property Address CITY OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 Current Recorded Transfer 120 CENTER ST WATERLOO, IA 50703 Date Drawn Date Filed Recorded Document Type 6/24/2016 6/27/2016 2016 022401 SALES Date 11/17/2014 Amount 1,179 NUTC / Type FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12 / Deed 2/20/2004 2/20/1961 3,949 50,000 SHERIFF OR TAX SALE - PRIOR 09 / Deed FULFILLMENT OF PRIOR YEAR CONTRACT - PRIOR 09 / Deed BUILDING PERMIT None ASSESSED VALUES/CREDITS Year Class 2020 Values as approved by the Board of Review E 100% Value _ Land Dwelling Building Total Acres 16,070 0 19,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 Year Class 2019 100% Value Taxable Value Year Land 16,070 Dwelling 0 Building 19,130 Total 35,200 Acres 0 Land Dwelling Building Total 0 0 0 0 Class 2018 100% Value Land Dwelling Building Total Acres 16,070 0 19,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 Year Class 2017 E 100% Value Land Dwelling Building Total Acres 16,070 0 119,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 24 of 375 7/27/2020 Black Hawk County Detailed Parcel Report TAX INFORMATION ASSESSMENT YEAR 2018 PAYABLE 2019/2020 Tax District 941311 - WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value Military Exemption Levy Rate Tax Net Tax Corp 0 0 0 _Gross 39.49347 $0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran !Property Tax Relief Credit Credit Ag Credit Family Farm Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 ABBREVIATED LEGAL SSESSOR LELANDS PLAT NO 1 PAR T LOT 5 DESC AS E 267.23 FT LO T 5 AS MEASURED ALONG S LINE S AID LOT Basis Acres x Rate Totals: LAND Front Rear Side 1 Side 2 "Lot rea 31101.84 131101.84 !Acres 0.714 0.714 COMMERCIAL BUILDINGS AND ADDITIONS Type Description Year Built Area Stories Warehouse B1-1S BRK 1929 3336 1 Additional Information Style Brick / Blk - Wood Base Square Feet 3,336 Basement Square Feet 0 GBA Square Feet 8300 Plumbing Item Quantity L Toilet Room 2 Item Quantity Canopy - Metal 240 Loading Dock 240 Adjustment Loading Dock 240 Office - internal w/heat only 750 Heat - none 2796 Floor - dock level ad'ustment 3336 Extras Description Item Count Extended Description Door 1 O.H. Door - Manual, 5 Ft Wide, 6 Ft Hi. h Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Interior Wall Plaster on Lath 0: LF indows Incl. w / Base 0: LF of Wall Verticals & Fronts/Doors Incl. w / Base 0: LF Horizontals Roof 3-Ply Compo/ Wood Deck 3336: SF Ceiling Unfinished 3336: SF/Story Ceiling Composition Block 0: SF/Story Struct. Floor Dock Level R'Con 3336: SF Framing Wood - Average 3336: SF HVAC Steam - (1 Pipe) 3336: SF Type Description Year Built Area Stories Warehouse Al-1S BRK 1929 364 1 Additional Brick / Blk - Wood Information Base Square Feet 364 II www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 25 of 375 7/27/2020 Black Hawk County Detailed Parcel Report w Basement Square Feet 0 GBA Square Feet 8300 Adjustment Item Quantity Heat - none 364 Electric - none 364 Extras s Description Item Count Extended Description Garage 1 343 SF, Frame, Low Pricing � r IVerticals & Horizontals Description Size Exterior Wall Solid Brick - 8" 0: LF Interior Wall Unfinished 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 364: SF Ceiling Unfinished 364: SF/Story Struct. Floor 4" R'Concrete 364: SF Framing Wood - Average 364: SF HVAC No HVAC 364: SF ype Description Year Built Area Stories Manufacturing (Light) A2-2S BRK 1929 1800 �2 Additional Information Style Brick / Blk - Wood Base Square Feet 1,800 Basement Square Feet 0 GBA Square Feet 8300 _ Adjustment Item Quantity Floor - dock level adjustment 1800 Heat - none 1800 Extras Description Item Count Extended Description Door 1 O.H. Door - Manual, 6 Ft Wide, 8 Ft High Verticals & Horizontalsi Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 1800: SF Ceiling Plaster and Lath 1800: SF/Story Struct. Floor Dock Level R'Con 1680: SF Framing Wood - Average 1800: SF HVAC No HVAC 1800: SF Description Year Built Area Stories 'Type Manufacturing (Light) A3-1S BRK 1929 1000 1 Additional Information Style Brick / Blk - Wood Base Square Feet 1,000 Basement Square Feet 0 GBA Square Feet 8300 Adjustment 1. Item Quantity Heat - none 1000 Floor - dock level adjustment 1000 Electrical -explosion proof lighti 1000 Verticals & Horizontals .... Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 1000: SF aae o 5 7/27/2020 Black Hawk County Detailed Parcel Report 'Ceiling Unfinished 1000: SF/Story Struct. Floor Dock Level R'Con 1000: SF Framing Wood - Average 1000: SF HVAC No HVAC 1000: SF Type Description Year Built Area Stories Warehouse B2-1S BRK 1914 1200 1 Additional Information Style Brick / Blk - Wood Base Square Feet 1,200 Basement Square Feet 0 GBA Square Feet 1200 Item Quantit Adjustment Heat - none 1200 Plumbing - no whse LS) 1 Extras Description Item Count Extended Description Door 1 Steel Roll - Manual, 16 Ft Wide, 10 Ft High Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Wall Facing Incl. w / Walls 0: SF Windows Incl. w / Base 0: LF of Wall Verticals ls Horizontal Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Mtl Deck 1200: SF Ceiling Unfinished 1200: SF/Story Struct. Floor R'Concrete 4" 1200: SF Framing Wood - Average 1200: SF HVAC No HVAC 1200: SF Description Year Built Quantity Plot No. Extended Description Fencing - Chain 1930 1 No Barbs, 6 Ft-Hgh, 172 LF, 0 LF-Gates Entry Status: Estimated www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 27 of 37,5 7/27/2020 Black Hawk County Detailed Parcel Report 44 LOAD DOCK [1048] CANOPY [240] LOAD DOCK [240] B2-1S BRK [1200] Date Website Last Updated: 07/24/2020 62 20 40 25 A3-1S BRK [1000] A2-2S BRK [1800] 42 52 28 36 10 12 72 131-1S BRK [3336] 62 Al-1S BRK [364] 26 14 8 27 13 LOAD DOCK [240] FR GAR [343] www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 28 of 375 CITY OF WATERLOO, IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement Contract #AB-2020-08-1 P 120 Center Street City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Chris Western -Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 29 of 373 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 13, 2020 at 1:00 p.m.. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: Monday August 27, 2020 Mandatory Walk Thru Date: Mandatory Walk Thru is Wednesday August 5, 2020 at 11 a.m. Deadline for Proposal Submittal: 1:00 p.m. Thursday August 13, 2020 Submit Sealed Proposal to SEALED RFP FOR Asbestos Abatement Services Contract #AB-2020-08-1 P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday August 13, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 17, 2020. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pac g 30t of 373 anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pii- of 9f 373 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks beginning August 17, 2020 to September 14, 2020. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Picg of9f373 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P$ g o of 9f 373 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 120 Center Street 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street P-cg of9f373 circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pic gee (of 9f 373 adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Pac g 36f 9f 373 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our "not to exceed" bid price for each property is: 120 Center Street Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFP FOR ASBESTOS ABATEMENT SERVICES: 120 Center Street Picg Fof9f373 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East llth Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, Contract #AS - 2020-08-9P and instruct the City Clerk to publish notice. City Council Meeting: 8/17/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type ❑ RFP-Contract #AS-8-2020-9P Backup Material SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 101 Street, 105 East 111 Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, Contract #AS-2020-08-9P and instruct the City Clerk to publish notice. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Due to many contractors having been effected by the recent storms, staff has decided to push the bid due back to give potential bidders additional time to complete bids. Summary Statement: The above mentioned properties where all acquired through Iowa Code 657A. Accepting bids for asbestos survey's is the first of three steps towards demolition. After the asbestos survey's are complete, staff will go out for bid for asbestos abatement on those homes that where found to contain asbestos. And thirdly, staff will then solicit bids for demolition. Expenditure Required: unknown Source of Funds: Nuisance Abatement/Dilapidated Housing Policy Issue: Nusiance abatement Page 38 of 373 CITY OF WATERLOO, IOWA ASBESTOS SURVEY SERVICES Request for Bid Asbestos Survey Contract #AS-2020-08-9P 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East llth Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Prepared by City of Waterloo Planning and Zoning Department Chris Western -Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 39 of 373 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 1:00 p.m. Thursday August 13, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: Deadline for Proposal Submittal: Submit Sealed Proposal to: Address exactly as stated- —> —> Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: ASBESTOS SURVEY SERVICES-915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Thursday August 13, 2020 at 1:00 p.m., Central Time SEALED RFP FOR ASBESTOS SURVEY SERVICES City Clerk's Office City Hall 715 Mulberry Street, Waterloo Iowa, 50703-915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10threr,A1119f 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 2 0 1 SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10t1 It1 of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 3 0 11 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks, anticipated to be from (August 17, 2020) to (September 14, 2020). 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 4 0 1 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail or email to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. 3.2.4 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th -EfA of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 5 0 1 i SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre - demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and monitoring of abatement in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Monitoring of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement monitoring, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.9 Reserved 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10t1 'J� of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 6 0 11 4.1.12 Provide the above -described monitoring services on an as -needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within thirty (30) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. 4.3 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 7 0 1 SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10tI 9f 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 8 0 1 gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th J� of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. e 9 0 11 EXHIBIT "A" SIGNATURE PAGE 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10thgp -Ept of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Pa010 0 1 Our bid, for asbestos survey services of the above listed sites is and will not exceed: 915 Linden Avenue $ 725 Glenwood Avenue $ 123 E. Parker Street $ 105 East 11th Street $ 114 E. 10th Street $ 413 Wellington Street $ 409 Wellington Street $ 663 Kern Street $ 214 Cottage Street. $ Total $ The contractor with the lowest total bid for all properties will be awarded the contract provided all bidding requirements are met. RFP FOR ASBESTOS SURVEY SERVICES — 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10thFSAtfla.14 of 373 East 11th Street, 413 Wellington Street, 409 Wellington Street and 663 Kern Street, 214 Cottage Street. Pa 1 o 1 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street, Contract #AB-2020-08-8P, and instruct the City Clerk to publish notice. City Council Meeting: 8/17/2020 Prepared: 7/27/2020 ATTACHMENTS: Description Type ❑ RFP-Contract #AB-8-2020-8P Backup Material SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and date of public hearing as September 8, 2020, in conjunction with asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4 ' Street (Former St. Mary's Church and School), and 1809 Black Hawk Street, Contract #AB-2020-08-8P, and instruct the City Clerk to publish notice. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: All of the properties mentioned above were acquired through Iowa Code 657A and have been deemed too dilapidated for reasonable rehabilitation. Expenditure Required: Unknown Source of Funds: Nuisance Policy Issue: Nuisance Abatement and Economic Development, policy 1, 3 and 4. Background Information: Page 50 of 373 CITY OF WATERLOO, IOWA ASBESTOS ABATEMENT SERVICES Request for Bid Asbestos Abatement Contract #AB-2020-08-8P 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. Prepared by City of Waterloo Planning and Zoning Department Chris Western -Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 51 of 373 SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 13, 2020 at 1:00 p.m.. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS ABATEMENT SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Date of Issuance: July 29, 2020 Deadline for Proposal Submittal: 1:00 p.m. Thursday August 13, 2020 Submit Sealed Proposal to SEALED RFP FOR Asbestos Abatement Services Contract #AB-2020-08-8P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner II/Project Manager E-mail Address: chris.western@waterloo-ia.org Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. 1.4.1 Bids will be opened on Thursday August 13, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 17, 2020. Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 52 of 373 Page 2 of 10 INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". SECTION III RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 53 of 373 Page 3 of 10 SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks beginning August 17, 2020 to September 14, 2020. 3.0.2 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 54 of 373 Page 4 of 10 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: Attn: City of Waterloo Planning and Zoning Department, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 55 of 373 Page 5 of 10 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos abatement services for: 118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos abatement contractor to remove asbestos containing material (ACM). Proposer shall be responsible to familiarize itself with the specifications included in this RFP and to make a personal examination of the job site(s) and the physical conditions that may affect its bidding and performance under the Contract. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. 4.1.2 Remove ACM as identified in the asbestos survey included as Exhibit "B". 4.1.3 Document amounts of ACM removed from each structure. 4.1.4 Document ACM disposal at the Black Hawk County landfill through the use of landfill tickets and provide copies to the project manager. 4.1.5 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.6 Provide other services as requested by the City as may be necessary to implement the demolition project. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.3 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. 4.4 The Contractor shall complete the Project in an expeditious manner and shall commence work within ten (10) days after being notified by the City with a Notice to Proceed on any given property or properties. All work shall be completed and necessary reports and documentation provided within twenty-five (25) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black HawkPtate 56 of 373 Page 6 of 10 circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal shall be accepted from, and no Contract will be awarded to, any person, firm or corporation that is in arrears to the City upon debt or Contract, that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. Completed specifications should be attached for any substitutions offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications will hold the Proposer strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal for the same Contract, without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or otherwise illegal action. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal opening. Any and all such interpretations or modifications will be in the form of written addenda. All addenda shall become part of the Contract documents and shall be acknowledged and dated on the signature page. 12. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here by reference. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 57 of 373 Page 7 of 10 adequate time for delivery of their proposal either by airfreight, postal service, or other means. 15. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 16. ASSIGNMENT - Proposer shall not assign this order or any monies to become due hereunder without the prior written consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the proposal shall become public documents and subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law". By submitting any document to the City of Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo and any of its officers and employees relating to the release of any document or information submitted. Each submitting party shall hold the City of Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 58 of 373 Page 8 of 10 EXHIBIT "A" SIGNATURE PAGE The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Our "not to exceed" bid price for each property is: RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 59 of 373 Page 9 of 10 118 Shilliam Avenue $ 179 Rebecca Lane 514 Johnson Street 814 Bluff Street (Quonset hut only) 1004 Fulton Street $ 1100 Sycamore Street 2127 E. 4th Street (Former St. Mary's Church and School) 1809 Black Hawk Street Total $ RFP FOR ASBESTOS ABATEMENT SERVICES:118 Shilliam, 179 Rebecca Lane, 514 Johnson Street, 814 Bluff Street, (Quonset hut only), 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawkte 60 of 373 Page 10 of 10 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 3, 2020 and date of public hearing as September 8, 2020, in conjunction with demolition services, Contract #D-2020-08-1P at 120 Center Street, and instruct the City Clerk to publish notice. City Council Meeting: 8/17/2020 Prepared: 8/5/2020 ATTACHMENTS: Description ❑ RFP-#D-2020-08-1P ❑ Aerial Photo D Photo D Black Hawk County Assessors Detailed Report ❑ 120 Center Street Building Sketches SUBJECT: Submitted by: Recommended Action: S ummary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Type Backup Material Backup Material Backup Material Backup Material Backup Material Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as September 3, 2020 and date of public hearing as September 8, 2020, in conjunction with demolition services, Contract #D-2020-08-1P at 120 Center Street, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval 120 Center Street was acquired through Iowa Code 657A. Staff is working with B&B Lawn Care which is located adjacent to 120 Center Street to purchase the property for the expansion of their business by separate development agreement. Unknown Nuisance Nuisance Abatement and Economic Development, policy 1, 3 and 4. The property contained a bulk oil facility for nearly 70 years before closing in the late 1960's. Available historical records depicted an oil and grease warehouse, numerous above ground storage tanks, coal storage, and a railroad connection associated with the operation. It later transitioned to a welding supply shop for approximately two decades before becoming an auto repair/detailer in 2000 but has been vacant since 2001. Page 61 of 373 CITY OF WATERLOO, IOWA Request for Bid Demolition RFP Contract #D-2020-08-1 P DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos -containing materials (no RACM)] 120 Center Street Prepared by City of Waterloo Planning and Zoning Department Chris Western Planner II/Project Manager All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 20 day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Page 62 of 373 SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in the City Clerk's office within Waterloo City Hall (date and time stamped) by Thursday August 20, 2020 at 1:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR DEMOLITION SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Bid: DEMOLITION AND SITE CLEARANCE SERVICES- 120 Center Street Date of Issuance: Walk thru Date: Deadline for Bid Submittal: Submit Sealed Bid to: Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: July 29, 2020 Mandatory Walk Thru Date is August 5, 2020 at 11:00 a.m. Thursday August 20, 2020 at 1:00 p.m., Central Time Address exactly as stated: SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) 120 Center Street Contract #D-2020-08-1 P City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No RFP FOR DEMOLITION SERVICES (no RACM): 120 Center Street Page 63 of 373 responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4.1 Bids will be opened on Thursday August 20, 2020, at 1:00 pm (our clock) Central Time in the second floor Council Chambers and will be streamed live on the City of Waterloo's Youtube Cannel. The awarding of the contract will be at the City Council meeting on Monday August 24, 2020. 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. RFP FOR DEMOLITION SERVICES (no RACM): 120 Center Street Page 64 of 373 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty -day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR DEMOLITION SERVICES (no RACM): 120 Center Street Page 65 of 373 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (8) weeks beginning August 24, 2020 to October 12, 2020. 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR DEMOLITION SERVICES (no RACM): 120 Center Street Page 66 of 373 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for: 120 Center Street 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. RFP FOR DEMOLITION SERVICES (no RACM): 120 Center Street Page 67 of 373 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFP FOR DEMOLITION SERVICES (no RACM): 120 Center Street Page 68 of 373 EXHIBIT "A" SIGNATURE PAGE 120 Center Street The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the site is, not to exceed: 120 Center Street $ Total in written form: Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid Page 69 of 373 7/27/2020 Printable Map Output Black Hawk County Parcel Map Parcel ID: 8913-23-231-002 Deed Holder: CITY OF WATERLOO Parcel Address: 120 CENTER ST, WATERLOO, IA 50703 Legend Selected parceldim Features road na me_ airport Aerie Photos L'�i''J[_ �rP°� Bias Hawk Co. firedept parks_ parks• twprng �ys°i Railroatls ;J Sectioned �.• Water O Rohl. .of .Way Township ` F CHy Lines railroad dim rroaddim waterna me fit.•, - '•• � ,:• II1!' . i I iS l - 4 1 +`f� ' _ I aaa(jj��� _ :L :.r • r..� '1'.•' , - •- � t' y ' . ... { J t:' - __:-_•-S:'� -_ .W :q-0F -�.:. IOW '� iS'• • I' ,. ' ri {" . - ', ry,j: {, '. • ' { 2 N. ';, �p . 4 r{ l"N t• Sr :. �C4 ` '�0i Y inix pi �S o-` _ • - Yam' ' \ �a Ie • k •-e. - . . 152.65 L,, 207.23 4 , CD CO0dtot ......... 1=—. --- 130.12 - 4 65 1 x. ,__ — • -4 ..- il rf!•• t •. 'tlir 5 3.:1 Map. crcaladred h ArcIMS_ Copyrlg hi ;C 11992.2001 [SR i In= A III ,j dilf.11 Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor@co.black-hawk.ia.us.org Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required or local government purposes. See the recorded documents for more detailed legal information. Page 70 of 371 7/27/2020 Black Hawk County Property Photos There are 2 photos of parcel 891323231002. Click a number to see an image: 1 2 www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891323231002&arg=photo Page 71 of 371 7/27/2020 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-23-231-002 Deed Holder CITY OF WATERLOO iTax Mail to Address PDF No. Map Area 17 Contract Buyer PDF 13 WAREHOUSE/SHOP WA-E Property Address CITY OF WATERLOO ATTN: FINANCE DEPARTMENT 715 MULBERRY ST WATERLOO, IA 50703 Current Recorded Transfer 120 CENTER ST WATERLOO, IA 50703 Date Drawn Date Filed Recorded Document Type 6/24/2016 6/27/2016 2016 022401 SALES Date 11/17/2014 Amount 1,179 NUTC / Type FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12 / Deed 2/20/2004 2/20/1961 3,949 50,000 SHERIFF OR TAX SALE - PRIOR 09 / Deed FULFILLMENT OF PRIOR YEAR CONTRACT - PRIOR 09 / Deed BUILDING PERMIT None ASSESSED VALUES/CREDITS Year Class 2020 Values as approved by the Board of Review E 100% Value _ Land Dwelling Building Total Acres 16,070 0 19,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 Year Class 2019 100% Value Taxable Value Year Land 16,070 Dwelling 0 Building 19,130 Total 35,200 Acres 0 Land Dwelling Building Total 0 0 0 0 Class 2018 100% Value Land Dwelling Building Total Acres 16,070 0 19,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 Year Class 2017 E 100% Value Land Dwelling Building Total Acres 16,070 0 119,130 35,200 0 Taxable Value Land Dwelling Building Total 0 0 0 0 www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 72 of 375 7/27/2020 Black Hawk County Detailed Parcel Report TAX INFORMATION ASSESSMENT YEAR 2018 PAYABLE 2019/2020 Tax District 941311 - WATERLOO LOGAN UR AMD1 TIF Gross Value Taxable Value Military Exemption Levy Rate Tax Net Tax Corp 0 0 0 _Gross 39.49347 $0.00 $0.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran !Property Tax Relief Credit Credit Ag Credit Family Farm Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 ABBREVIATED LEGAL SSESSOR LELANDS PLAT NO 1 PAR T LOT 5 DESC AS E 267.23 FT LO T 5 AS MEASURED ALONG S LINE S AID LOT Basis Acres x Rate Totals: LAND Front Rear Side 1 Side 2 "Lot rea 31101.84 131101.84 !Acres 0.714 0.714 COMMERCIAL BUILDINGS AND ADDITIONS Type Description Year Built Area Stories Warehouse B1-1S BRK 1929 3336 1 Additional Information Style Brick / Blk - Wood Base Square Feet 3,336 Basement Square Feet 0 GBA Square Feet 8300 Plumbing Item Quantity L Toilet Room 2 Item Quantity Canopy - Metal 240 Loading Dock 240 Adjustment Loading Dock 240 Office - internal w/heat only 750 Heat - none 2796 Floor - dock level ad'ustment 3336 Extras Description Item Count Extended Description Door 1 O.H. Door - Manual, 5 Ft Wide, 6 Ft Hi. h Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Interior Wall Plaster on Lath 0: LF indows Incl. w / Base 0: LF of Wall Verticals & Fronts/Doors Incl. w / Base 0: LF Horizontals Roof 3-Ply Compo/ Wood Deck 3336: SF Ceiling Unfinished 3336: SF/Story Ceiling Composition Block 0: SF/Story Struct. Floor Dock Level R'Con 3336: SF Framing Wood - Average 3336: SF HVAC Steam - (1 Pipe) 3336: SF Type Description Year Built Area Stories Warehouse Al-1S BRK 1929 364 1 Additional Brick / Blk - Wood Information Base Square Feet 364 II www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 73 of 3735 7/27/2020 Black Hawk County Detailed Parcel Report Basement Square Feet 0 GBA Square Feet 8300 Adjustment Item Quantity Heat - none 364 Electric - none 364 Extras s Description Item Count Extended Description Garage 1 343 SF, Frame, Low Pricing � r Verticals & Horizontals Description Size Exterior Wall Solid Brick - 8" 0: LF Interior Wall Unfinished 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 364: SF Ceiling Unfinished 364: SF/Story Struct. Floor 4" R'Concrete 364: SF Framing Wood - Average 364: SF HVAC No HVAC 364: SF Type Description Year Built Area Stories Manufacturing (Light) A2-2S BRK 1929 1800 2 Additional Information Style Brick / Blk - Wood Base Square Feet 1,800 Basement Square Feet 0 GBA Square Feet 8300 Adjustment Item Quantity Floor - dock level adjustment 1800 Heat - none 1800 Extras Description Item Count Extended Description Door 1 O.H. Door - Manual, 6 Ft Wide, 8 Ft High Verticals & Horizontals Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 1800: SF Ceiling Plaster and Lath 1800: SF/Story Struct. Floor Dock Level R'Con 1680: SF Framing Wood - Average 1800: SF HVAC No HVAC 1800: SF ype Description Year Built Area Stories Manufacturing (Light) A3-1S BRK 1929 1000 1 Additional Information Style Brick / Blk - Wood Base Square Feet 1,000 Basement Square Feet 0 GBA Square Feet 8300 Adjustment Item Quantity Heat - none 1000 Floor - dock level adjustment 1000 Electrical - explosion proof lighti 1000 Verticals & Horizontals Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Windows Incl. w / Base 0: LF of Wall Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Wood Deck 1000: SF - aae A o www2.co. 5 7/27/2020 Black Hawk County Detailed Parcel Report 'Ceiling Unfinished 1000: SF/Story Struct. Floor Dock Level R'Con 1000: SF Framing Wood - Average 1000: SF HVAC No HVAC 1000: SF Type Description Year Built Area Stories Warehouse B2-1S BRK 1914 1200 1 Additional Information Style Brick / Blk - Wood Base Square Feet 1,200 Basement Square Feet 0 GBA Square Feet 1200 Item Quantit Adjustment Heat - none 1200 Plumbing - no whse LS) 1 Extras Description Item Count Extended Description Door 1 Steel Roll - Manual, 16 Ft Wide, 10 Ft High Description Size Exterior Wall Solid Brick - 12 0: LF Interior Wall Unfinished 0: LF Wall Facing Incl. w / Walls 0: SF Windows Incl. w / Base 0: LF of Wall Verticals ls Horizontal Fronts/Doors Incl. w / Base 0: LF Roof 3-Ply Compo/ Mtl Deck 1200: SF Ceiling Unfinished 1200: SF/Story Struct. Floor R'Concrete 4" 1200: SF Framing Wood - Average 1200: SF HVAC No HVAC 1200: SF Description Year Built Quantity Plot No. Extended Description Fencing - Chain 1930 1 No Barbs, 6 Ft-Hgh, 172 LF, 0 LF-Gates Entry Status: Estimated www2.co. black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 75 of 37,5 7/27/2020 Black Hawk County Detailed Parcel Report 44 LOAD DOCK [1048] CANOPY [240] LOAD DOCK [240] B2-1S BRK [1200] Date Website Last Updated: 07/24/2020 62 20 40 25 A3-1S BRK [1000] A2-2S BRK [1800] 42 52 28 36 10 12 72 131-1S BRK [3336] 62 Al-1S BRK [364] 26 14 8 27 13 LOAD DOCK [240] FR GAR [343] www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891323231002 Page 76 of 375 7/27/2020 Black Hawk County Building Sketches There is 1 building sketch of parcel 891323231002. LOAD DOCK [1048] CANOPY [240] LOAD DOCK [240] B2-1S BRK [1200] 44 62 20 40 25 A3-1S BRK [1000] A2-28 BRK [1800] 42 52 28 36 10 12 72 B1-1S BRK [3336] 62 Al-1S BRK [364] 26 14 8 27 13 LOAD DOCK [240] FR GAR [343] www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891323231002&arg=sketch Page 77 of 371 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as September 8, 2020, for the sale and conveyance of city owned property located at 219 Newell Street, in the amount of $139,900, to Camay Nichole Smith, and instruct the City Clerk to publish notice. City Council Meeting: 8/17/2020 Prepared: 8/5/2020 ATTACHMENTS: Description Type ❑ Purchase Agreement Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Resolution setting date of public hearing as September 8, 2020, for the sale and conveyance of city owned property located at 219 Newell Street, in the amount of $139,900, to Camay Nichole Smith, and instruct the City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning and Development Director Approval 219 Newell Street is the first home the City partnered with Hawkeye Community College to build through their Sustainable Construction & Design program. This home was completed by students in the Spring of 2020 and Amy Wienands listed the home for sale on behalf of the City. The City has received a full ask offer on the home. The lot was transferred to Hawkeye Community College, but will be transferred back to the City of Waterloo so that we can proceed with this sale per the terms of the approved development agreement. None N/A Sale of Property The partnership between the City and Hawkeye Community College was developed to eliminate nuisance properties within the community as well to build the area work force with hands on experiences through classes offered at the college. The City has been active in utilizing a state program through Iowa code 657A to obtain abandoned properties. Hawkeye Community College has stepped in to not only redevelop the underutilized sites but also train new work force through their Sustainable Construction and Design program. As previously noted this is the first home of the program with a second home to be completed in the spring of 2021. Page 78 of 373 Legal Descriptions: Mansons Second Addition Lot 13 Block 1 Page 79 of 373 dotloop signature verification: dtlp.us/HQc5-f97N-Kelii5; CENTURY210 Signature Real Estate PURCHASE AGREEMENT Date: 07/21/2020 TO: City of Waterloo (Seller) FROM: Camay Nichole Smith (Buyer) As joint tenants with full rights of survivorship unless otherwise specified. Buyer offers to buy:219 Newell st, Waterloo, IA 50703 Legally described as: MANSONS SECOND ADDITION LOT 13 BLK 1 SUBJECT TO RESTRICTIVE COVENANTS, ORDINANCES, AND LIMITED ACCESS PROVISIONS OF RECORD IF ANY, AND TO EXISTING EASEMENTS, IF ANY. The property intended to be covered by the term hereof shall include all buildings, storage sheds, land, rights, easements, and access necessary or appurtenant thereto and owned by Seller. Included, if now in or on said premises and owned by the Seller, are all fixtures included but not limited to: attached carpeting; window shades; blinds; curtain rods and hardware; lighting fixtures and bulbs; ceiling fans; built-in appliance and accessories; antenna; television mounting brackets; awnings; door chimes; fireplace grates and irons; mailbox; installed sump pumps; garage door openers and controls; and bushes, shrubs and other vegetation. Also included, if not rentals, are satellite dish, water softener and filtration systems, installed alarm devices, propane tanks and all other fixtures not hereinafter reserved by Seller in writing. RESERVED ITEMS: FOR THE SUM OF $135,000.00 $139,900.00 One hundred thirty nine thousand dollars & 00/100 RI( 07/22/20 500.00 to be held in trust by Amy Wienands Trust do 06 DT Earnest moneyof $_ ftfae fl 07/22/20 5: 4 CDT, Pr ern cash to be paid at closing upon performance of Seller's obligations hereunder. Any interest on trust account shall be forwarded to the Iowa Association of REALTORS° Foundation (a charitable non-profit entity), the State of Iowa (if required by law), or as directed and mutually agreed in writing by both Buyer and Seller. Return of Earnest Money. Earnest money submitted as part of the purchase price of the above described property shall be returned to the Buyer in case this agreement is not accepted. Any other release of earnest money shall require informed written consent of all parties to this agreement. Closing to take place on or before Friday the 4th day of September, 2020 Possession to be given to Buyer at closing or by at closing DAM ❑PM Friday the 4th day of September, 2020 . Buyer agrees to take possession subject to rights of non -owner occupants now in possession. DYES NO Any rents shall be prorated to date of closing. Seller agrees to deliver to Buyer all existing keys and garage door controls no later than possession. Buyer(s) 07/21/20 8:17 PM T dotloopo radials) Seller(s) 07/22rzo : 6 M CD (Initda verifiTed 121 R EA LTO R` 1 of 4 Page 80 o dotloop signature verification: dtlp.us/HQc5-f97N-Kelii5; Property Address: 219 Newell st, Waterloo, IA 50703 CHECK THE APPROPRIATE BOX ❑ 1. CASH to be paid at closing. Buyer may have access to property purchased for appraisal; however, this agreement is not contingent upon Buyer obtaining fund. Settlement fee, if any, shall be paid by the Buyer. 2. FINANCING. This agreement is subject to Buyer ® OBTAINING ❑ ASSUMING a commitment for a 30 year CONVENTIONAL ❑ INSURED CONVENTIONAL ❑ FHA ❑ VA ❑ USDA ❑OTHER mortgage loan on said property at an initial interest rate not to exceed 2.875 % per annum ® FRM ❑ ARM amortized over a period of 30 years. All costs incurred in securing such mortgage shall be paid by the Buyer unless otherwise noted herein. Buyer's financing is also conditional upon the property appraising at the purchase price or greater on or before the mortgage commitment date stated herein. Buyer agrees upon acceptance of this agreement to immediately make application for such mortgage loan with a lender and to make a good faith effort to obtain a mortgage before August 21th , 2020 . Within this same period, Buyer shall notify Seller, in writing, that Buyer has secured said mortgage commitment and that this contingency is removed. If Buyer, after a good faith effort has not obtained a written mortgage commitment and given such written contingency removal notice within this same time period, this agreement shall be null and void and the earnest money shall be returned to Buyer. ❑ 3. INSTALLMENTS. Check if applicable. See attached ADDENDUM to this Purchase Agreement. ❑ 4. ASSUMPTION/ASSIGNMENT. Check if applicable. See attached ADDENDUM to this Purchase Agreement. 5. TAXES AND ASSESSMENTS. Seller shall pay prorated to the date of closing of the installment of general property taxes on said property which become delinquent if not paid on or before September 30 , 2021 and all prior installments. Buyer shall pay all subsequent installments. If any installment of general property taxes is to be prorated and if such taxes cannot be determined by the date of the settlement thereof, such prorating shall be based on the amount of the last determinable installment, proportionately adjusted by any change in the assessed valuation attributable to capital improvements and which are determinable on the date of settlement. If closing takes place other than the date on the Purchase Agreement, taxes shall be prorated to the revised date of closing.Buyer shall pay the cost of all street oilings which are not liens on the date hereof. Seller shall pay all sewage disposal assessments due and all special assessment which are liens against said premises on the date thereof, except those for improvements which have not been completed and accepted by the City Council on the date thereof, which Buyer will pay. 6. CONDITION OF PROPERTY. The property as of the date of this agreement including buildings, grounds, and all improvements will be preserved by Seller in its present condition until possession or closing, whichever occurs first. Seller further represents plumbing, heating, cooling, electrical systems, and appliances included in this Purchase Agreement to be in working order at the time of possession or closing, whichever occurs first, unless otherwise stated on attached Seller Disclosure of Property Condition, written amendments or addendums to this Purchase Agreement or unless otherwise stated in paragraph 8, and Buyer shall be permitted to make a "walk through" inspection of the property prior to possession or closing, whichever occurs first to verify the same. Seller agrees to remove all debris and personal property, not included herein, from the premises prior to possession. 7. INSPECTION OF PROPERTY. The Buyer is responsible for making their own Inspection of any property for which they make an offer. (It is understood that these provisions are independent of any lender requirement for financing approval.) Within 10 days after the final acceptance date of this agreement, Buyer may, at Buyer's sole expense, have the property inspected by a person(s) of Buyer's choice to identify any structural, mechanical, plumbing, electrical, pest infestation, environmental concerns or other deficiency(s). Within this same period, Buyer may notify Seller in writing of any such deficiency the Buyer wants remedied. Failure to do so shall be deemed a waiver of the Buyer's inspection. In the event of any request by Buyer a result of inspections, Seller shall within three (3) business days after said notification (date of notification does not count) notify the Buyer in writing which steps, if any, Seller will take to remedy any deficiency before closing. The Buyer shall within three (3) business days (date of notification does not count) notify the Seller in writing that (1) such steps are acceptable, in which case, this agreement, so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this agreement shall by null and void, and any earnest money shall be returned to Buyer. Failure by either Seller or Buyer to give the notification within the three (3) business days as stated above, shall render this agreement null and void, and any earnest money shall be returned to Buyer. Buyer(s) Qteg 07/ 1/20qF- dotI o ffil IIs) Seller(s) 07/22/20 1:6PM CDT (Initiail op verified 121 R EA LTO R` 2 of 4 Page 81 o dotloop signature verification: dtlp.us/HQc5-f97N-Kelii5; Property Address: 219 Newell st, Waterloo, IA 50703 8. OTHER TERMS AND CONDITIONS THIS PURCHASE AGREEMENT IS SUBJECT TO. A). Completion and installation of all finishings on the property including but hot limited to: window/door coverings/trim, interior and exterior trim and installation of said items including doors, cabinetry and fixtures. Seller to give the buyer $1500.00 allowance for appliances. So provide and install new retrigerator and stove. 07/22/20 07/22/20 L26 PNj 5:1 C). The seller to pay $2,500.00 in buyer's closing costs and Pr&PbaiiTd dodo4°pPMveCDTrified 07/22/20 5:14 PM CDT dotloop verified 9. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the property prior to closing or possession, whichever occurs first. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance.. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this agreement null and void. The property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 10. TITLE PAPERS AND ABSTRACT. At the time of the final payment hereunder, the Seller shall convey the premises to the Buyer by warranty deed and shall furnish the Buyer an abstract of title that, in the case of platted property, begins with the recording of the proprietors plat of subdivision, or with root of title, and that shows marketable record title to the premises vested in the Seller as of the date of this agreement between the parties hereto. Within a reasonable time after the execution of this agreement, such abstract, certified to a date subsequent to the date hereof, shall be submitted to the Buyer for examination. Buyer or Buyer's attorney shall either approve the title or point out specific objections. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting except any made necessary by his own affairs. 11. COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this agreement shall be subject to Court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall promptly proceed to a hearing for Court approval. In that event a Court Officer's Deed shall be used to convey title. 12. SURVEY. Buyer may, at Buyer's sole expense, prior to closing, have the property surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on the property or if any improvements located on the property encroaches on lands of others, the encroachment shall be treated as a title defect. If the survey is required under Iowa Code Chapter 354, Seller shall pay the cost thereof. (Chapter 354 applies only to land which has been divided using a metes and bounds description.) Buyer(s) Q 07/21/20 dot 8:17loo�iL P(T IS) Seller(s) 22 12607PM2C0DT (I n iti a Is)o°p verified 121 R EA LTO R` 3 of 4 Page 82 o dotloop signature verification: dtlp.us/HQc5-f97N-Keli/5; Property Address: 219 Newell St, Waterloo, IA 50703 07/22/20 1:26 PM CDT dotloop verified 20. SELLER HEREBY ['ACCEPTS ®COUNTERS ['REJECTS the above agreement on 07/22/2020 If Seller has made a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accepted If Buyer has made a counteroffer by changing and initialing any terms, the counteroffer shall become null and void unless accepted and initialed by Seller on or before 13. REMEDIES OF THE PARTIES. If Buyer or Seller fails to timely fulfill the terms of this agreement, then the other party shall be entitled to utilize any and all remedies or actions at law or in equity which may be available to them (including but not limited to: forfeiture, foreclosure, termination, rescission, or specific performance), and the prevailing party shall further be entitled to obtain judgement for costs and attorney fees. 14. THIS IS A LEGALLY BINDING CONTRACT. This document contains the entire agreement of the parties and supersedes all prior agreements or representations with respect to the property which are not expressly set forth herein. Any modification of this agreement must be in writing and signed and dated by all parties. TIME IS OF THE ESSENCE in the performance of each part of this agreement. If not understood, consult your attorney. 15. FOREIGN PERSON STATUS. (FIRPTA, Foreign Investment in Real Property Tax Act.) Seller is not a foreign person as defined in Internal Revenue Code Section 1445 and any related regulations. At closing, Buyer will have no duty to collect withholding taxes for Seller pursuant to the Foreign Investors Real Property Tax Act of 1980, as amended. 16. ELECTRONIC SIGNATURES. In accordance with Iowa Code ch. 554D, all parties agree that this transaction can be conducted by electronic means; Signed and faxed/scanned electronic documents (i.e. pdf) or certified electronic signatures will be binding on all parties. Text messaging and traditional emails will not be binding as signatures. 17. NOTICE AND COUNTERPARTS. Any notice required under this agreement shall be deemed given when it is received in writing either by hand delivery, fax, return receipt, requested mail, or electronic mail. Persons designated for receipt of any notice for the purpose of this agreement shall be the Seller and Buyer or their respective agents. A signed copy of this agreement, counteroffers, and all addendums or amendments to this agreement shall, taken together, constitute a single binding agreement. 18. ADDENDUMS ATTACHED TO THIS OFFER INCLUDE: SPECIFIC PROPERTY AGENCY DISCLOSURE AGREEMENT SELLER DISCLOSURE OF PROPERTY CONDITION LEAD BASED PAINT DISCLOSURE SEPTIC SYSTEM ADDENDUM YES WI YES ® NO ❑ NOT APPLICABLE ❑ EXEMPT ❑ YES ❑ NO ❑ NOT APPLICABLE YES ❑ NO ❑ NOT APPLICABLE 19. ACCEPTANCE DATE. When accepted by the Seller, this agreement shall become a binding agreement for the sale of the above described property. If this agreement is not accepted by the Seller on or before 07/22/2020 Q•no am It shall become null and void and the earnest money shall be returned to the Buyer without liability on the part of either party. and initialed by Buyer on or before 07/22/2020 dotloop verified 07/21/20 8:17 PM CDT CMV2-NFY8-MU1 C-OARR BUYER BUYER 127 Linden, Waterloo, IA 50703 ADDRESS Nisa Neil PRINT NAME OF SELLING LICENSEE PRINT NAME OF LISTING LICENSEE dotloop verified 07/22/20 1:26 PM CDT PVFX-M2T1-YBGV-KX60 SELLER SELLER ADDRESS CENTURY 21 Signature Real Estate PRINT NAME OF SELLING BROKERAGE COMPANY PRINT NAME OF LISTING BROKERAGE COMPANY FINAL ACCEPTANCE DATE: 07/22/2020 121 R EA LTO R` 4 of 4 07/22/20 5:14 PM CDT dotloop verified Page 83 0 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as September 8, 2020, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lot 10 in Block 1 of Mansons Second Addition to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and instruct the City Clerk to publish said notice. City Council Meeting: 8/17/2020 Prepared: 9/27/2017 ATTACHMENTS: Description ❑ 28E City & Hawkeye agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Backup Material Resolution setting a date of public hearing as September 8, 2020, to approve a Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of Lot 10 in Block 1 of Mansons Second Addition to Hawkeye Community College for the value of services that Hawkeye Community College will provide for the project, and instruct the City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Approve document The agreement is an addendum to the previously approved 28E agreement with Hawkeye Community College, and will provide for the City to convey two lots in the 200 block of Newell Street and allow Hawkeye to construct student constructed housing on the lots. The Lots will be conveyed back to the City after construction is complete in exchange for the cost of materials actually incurred by the college. The City will then be able to sell the homes. The agreement benefits both the City and Hawkeye's vocational and technical training education programs. Supplemental council action will still need to take place to agree on the project designs, plans and specifications, and a not -to -exceed budget for the project. This action would be needed before Hawkeye would begin construction on either home. None at the present time. Once the houses are completed the property will be deeded back to the City of Waterloo at a to be determined cost that will be based on the actual cost of materials incurred by Hawkeye to build the homes. Bonds Page 84 of 373 Policy Issue: Alternative: Background Information: Legal Descriptions: Strategic goals 1, 3, and 4 for economic development of the area. Not approve The City of Waterloo previously approved a 28E Agreement to partner with Hawkeye Community College to build homes, and would like to approve the project addendum to identify the third lot that Hawkeye would build a home on. Hawkeye Community College will utilize existing City owned lots to create additional housing opportunities for the City of Waterloo, and expand the educational experience of students enrolled within their vocational & technical education programs. Lot 10, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 85 of 373 CHAPTER 28E AGREEMENT - AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the day of , 2017, by and between the Hawkeye Community College (hereinafter referred to as "College") and the City of Waterloo, Iowa (hereinafter referred to as "City"): WHEREAS, College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6); and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS, City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 Page 86 of 373 1. Purpose. The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement. This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College, and the Community Planning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement (the "Project"). 4. Property. Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project (each lot agreed upon between the parties is herein referred to individually as the "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College. No additional monetary consideration will be required of the College. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents ("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments, if any, pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to, are specifically adapted to, or are a part of the 2 Page 87 of 373 Property, whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Platting; Survey. If a survey is required under Iowa Code Chapter 354, city or county ordinances, or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i) the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the `Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and (iii) no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on or adjacent to the Property, nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage, waste or refuse of any kind (all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College, by a duly executed and acknowledged general warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College, City represents and warrants to College the following: 3 Page 88 of 373 i. City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract, agreement, or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation, nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. v. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease, contract, agreement, order, or judgment affecting the Property or the operation thereof. vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. x. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 Page 89 of 373 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not -to -exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended, without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work, the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6-month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent, which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition, and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 Page 90 of 373 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. 8. Transfer of Property Back to City. Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings, structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached. D. Deed. At Second Closing, College shall convey the Property to City, by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 Page 91 of 373 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by City, (ii) the material failure of any representation or warranty of City made in this Agreement to be true, (iii) any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true, (iii) any material act or omission of College related to its obligations under this Agreement, or (iv) any physical injury occurring during, and related to, the work performed by College under Section 7 of this Agreement. 11. Assignment. Neither party may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly, by a written agreement executed by College and City; B. By either party, without cause, upon ninety (90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty (30) days. Failure to cure the breach within thirty (30) days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes "completion" and "payment" for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 Page 92 of 373 started, within sixty (60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail, postage prepaid. All notices shall be effective upon receipt, if notice is given by delivery in person, or on the fifth day following mailing to the other party at its respective address listed below: To College: Vice President of Administration and Finance 1501 East Orange Road P.O. Box 8015 Waterloo, Iowa 50704 To City: Community Planning & Development Director 715 Mulberry Street Waterloo, Iowa 50703 16. Binding Effect. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County, Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 Page 93 of 373 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO By: By: Board President Mayor By: By: Board Secretary City Clerk 01387991-1 \10567-257 9 Page 94 of 373 CITY OF WATERLOO Council Communication Resolution approving the request of Bonniesue W. Joy, for tax exemptions on the construction of a new garage valued at $24,200, for property located at 730 Knoll Avenue, and located in the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 8/17/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type D CURA 730 Knoll Avenue Form Backup Material ❑ CURA 730 Knoll Avenue Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Resolution approving the request of Bonniesue W. Joy, for tax exemptions on the construction of a new garage valued at $24,200, for property located at 730 Knoll Avenue, and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Urban Revitalization Area Plan. None N/A Strategy 3.8: Continue efforts to foster new investments and development in City's Urban Renewal Areas (TIF Districts) and the Consolidated Urban Revitalization Area (CURA). None Galloway Addition Lots 284 and 285 Page 95 of 373 r ur vincc }use vary Date Received: / ' 1-) - Received by: / Y\ Staff to make a copy fo applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 11 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to ity Council. NAME: ADDRESS: DI P Nkr TELEPIIONE:7 si SIGNATUR EMAIL: Vapn ' 6 DATE: `7l7(�061-a le A. What is the Address of the property being improved? .73O kill) I I , ikketeit`dc jIncc 1 What is the Legal Description of the property? (May be available at County Recorder's�Office on 2' floor of the Courthouse)? (lea 10IA, `ljr'Y1 1/Vclieeloo Lo aJ - 244 3RC.. B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year-----70% e. Fifth Year -40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year -40% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the improvement(s)7 rye w �F]u1Y�l+h ( v . ���R C� � C�w�1 9 ttely-- non(e D. If this is not a single-family dwelli un' hich you own and reside in, will these improvements create a displacement of your tenants? Yes No DO NOT Write Below this line — Office Use Only F. What was the cost of the improvement? G. Estimated or actual date of completion of these improve era 11 t- D " Total permit(s) valuation: b g9i' 2.t1 E. City of Waterloo Building and Inspections Department Information: Permit Number: 20444s Da ennit was issued: L Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black hawk County Assessor Page 96 of 373 CITY OF WATERLOO Council Communication Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at $159,900, for property located at 821 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 8/17/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type D CLURA 821 Grindstone Circle Form Backup Material ❑ CLURA 821 Grindstone Circle Map Backup Material SUBJECT: Submitted by: Recommended Action: S ummary Statement: Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at $159,900, for property located at 821 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Alternative: N/A Background Information: N/A Legal Descriptions: Unit 821 and the Undivided Interest in the comment elements appurtenant to said unit, in Prairie Meadow Estates, A condominium recorded in Doc. #2017-11285 on December 16, 2016, as amended by first amendment in Doc. #2017-13976 recorded February 3, 2017, as amended by second amendment in doc. 2019-2874 recorded August 20, 2018, as amended by third amendment in doc. #2020-1458 filed July 24, 2019 and as amended by Page 98 of 373 fourth amendment in doc. #2020-17423 filed April 9, 2020 and being laid out on lots 1 through 7 and lot A in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 99 of 373 dotloop signature Verf scat on: dtlp.usrlJSp-FOaf-jmAP co CD For Office Use Only Date Received: Received by: Staff to make a copy for applicant CITY LIMITS URBAN REVITALIZATION Al .'LIGATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTIO DE NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBA' dVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax F ,nption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not quail .. e NAME: �4�.�� ne 1f(SIGNATURE• ADDRESS: 16369 Sun Summit Drive Riverside EMAIL: TELEPHONE: CA 92503 DATE: 06101/202D A. What is the Address of the property being improved? 821 Grindstone Circle docLoopp vented 06102/20 3:03 PM POT V71.1M-RG3K-51 OT-H €YF What is the Legal Description of the property? (May be availab t County Recorder's Office on 2nd floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) Twin Homes OC) C. C. City of Waterloo Building and Inspectins Department Information: I 1 j i4O0. Permit Number: Ate permit was issued: Total permit(s) valuations c-9) 1C W v c,o D. What was the cost of the new construction? $159,999 E. Estimated or actual date of completion of this new construction? 95/29/2929 Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor a- V7 C) z• N - u1r+ C4cq N GJ O - - QCC N - No m 3O CD 0 Ono LL - 0Nn. 7-CC i- - N000 C= N.007I- 01••1 .__ mcON0E o�Y`� N a} 4_, � I -I W N ~ 0 0 0 a) U 0 W ctl Z •-I 0 a) 0.--1 Q --I orcu'm(n u a) N 0 LU Ca) 5 c) 'Q 5 o cc y o La CJ 42 4i- Co N Ca S N m E a- C -' a) 0 ci ci 0 • .. 1-- m CO C 1• V Q t La 1.0 'J a1 I- o -i� o -gypai Q1--CC O 1-• W > LL y A Lh _c`a d ~ c) 1-+�+ GLo • ll� J - . N W o50 V_ LL�Z,{ a' = Q LLI co (w..tu. M CAU d' a. J=w_ 0. 0)(4 M= C7C1�m� tjm� Q i--' CC Q Vl O Vl , `WJ OC-adGCQO¢, oC ao 2 A N ad 0 O N tad a._ N c C OI c N X 'a Go R X aa N J C En, 0,O= O p co- U 50616-0577 Page 101 of 373 For the purposes of this document, the following term has the a) 0 N c C a U 7 m• in b U a7 01 .. C W .Cj N CO 0 } C y c rq co a [.-. N 0 a -0 Ca't • 0 .a 01 'tom • • • CD C14 Q 3E:4;1 zs:::,,:i!yC .0 L] a7 >, .- y 01 co C O �▪ S' ar m m y • a d aN ca a 60 � w w c C - O ++ a) 4 fl. U a7 + O �-- + o 01 0 E [a C •O W . y U) al OS N a- -0 C E N C fl' = is 0 C a) y 0 -p >. 0 ▪ -ri C 'C = ++ c6 v 0)4- •I-• b0 a) as OD CO O 0 CO W 0)-CIE Lry• N 4... L- i),.-; a- ) . P • c .0 Ili O • a5 E Z o > O a c, c„ c C 4- L)-. o N C 0 CD • IG 2 E C a5 0 - .0 y ca wwcnrn002s~.1 2 cno Q�2 Lu 2 Y 2 0 I- Occ _ Oa0 YF..wI-O - LL U)o25 Cl Q - N *h �C ¢ p - Q [� _I 22t�Ow=aot.)w Y = N p S i- c w d CU 4 Ik, 2Q co 2 W ~UF-� C]Lu� 0 Vw���0)2rt ¢C72:0°- Z}a d 2 dLUC¢NwNL2i.1 d U Z - oo}-o 0 ¢�rnw CC CC —o--U�w�rr�Q 2 CL LU 6 C) 1 �0CCLL0NNp 1Q0.QC =a e =o C. as U) a) N N Q 0 9 0 N 0 N a) Z a) U- CITY OF WATERLOO Council Communication Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at $159,900, for property located at 823 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 8/17/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type D Clura 823 Grindstone Circle Application Backup Material ❑ CLURA 823 Grindstone Circle Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of Jocelyne Kelly for tax exemptions on the construction of a single duplex unit valued at $159,900, for property located at 823 Grindstone Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Unit 823 and the Undivided Interest in the comment elements appurtenant to said unit, in Prairie Meadow Estates, A condominium recorded in Doc. #2017-11285 on December 16, 2016, as amended by first amendment in Doc. #2017-13976 recorded February 3, 2017, as amended by second amendment in doc. 2019-2874 recorded August 20, 2018, as amended by third amendment in doc. #2020-1458 filed July 24, 2019 and as amended by fourth amendment in doc. #2020-17423 filed April 9, 2020 and being laid out on lots 1 through 7 and lot A in Prairie Meadow Estates Addition, Waterloo, Black Hawk County, Iowa. Page 103 of 373 cloth:lcp signature venri ca Lion: 'irIp.usigkia-s AJ-SIA For Office Use On y Date Received: Received by: - tatTt() make a copy for applicant CITY LIMITS URBAN REVITALIZATION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DW LLF UNDER THE. PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (ULTRA) is a 3-year 100% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning Development Department) 2. This application must be filed with City prior to the Pt workin day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,. providing prior approval has eery granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 1 2011 do not qualify. NAME: SIGNATURE: ADDRESS: 16369 Sun Summit Drive l i er i. EMAIL: CA 3 TELEPHONE:0 dotloop verified 06102 0 3:08 PM PDT O SF-4EWZ-TNLD-54'9 DATE: 06/01 / 0 0 ` `ice6am tid. LL]w• I - . •1 • A. What is the r s of the property being improved? 823 Grindstone Circle What is the Legal Description of the property? (May be available at County Recorder's Office on grid floor of the Courthouse) drt)e cuie B. What was the nature of the xmprovement(s)? (must be single family homes or duplex/twin homes to qualify) Twin Homes C. City of Waterloo Building and inspections Department Informaf Permit Number: Date permit was issued: D. What was the cost of the new on tru tion 159 9 M E. Estimated or actual date of completion of this new construction? 051 9/ 0 0 4c7 otal:C:1 ermit} values valun: p � Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County _Assessor's Office for criteria eligibility. CITY OF WATERLOO OFFICE USE ONLY APPROVED DENTED DATED: RESOLUTION NO: BLACK HAWK U TY ASSESSOR OFFICE USE ONLY APPROVED DENIED DATED: T'..T. Koenigsfeld Black Hawk County Assessor Page 104 of 373 Page 1 of IOWA. AND UNIT 823 AND THE UNDIVIDED INTEREST THE UNDIVIDED INTEREST IN THE COMMENT ELEMENTS APPURTENANT TO SAID UNIT, IN PRAIRIE MEADOW ESTATES, A CONDOMINWM, RECORDED IN DOC. #2017-11285 ON DECEMBER 16, 2016, AS AMENDED BY FIRST AMENDMENT iN DflC. #2017-13976 RECORDED FEBRUARY 3, 2017, AS AMENDED BY SECOND AMENDMENT IN DOS, #2019-2874 RECORDED AUGUST 20= 2018, AS AMENDED BY THIRD AMENDMENT IN DflC. #2020-1458 FILED JULY 24, 2019 AND AS AMENDED BY FOURTH AMENDMENT 1N DOG. #2020-17423 FILED APRIL 9, 2020 AND BEING LAID OUT ON LOTS I THROUGH 7 AND LOT A IN PRAIRIE MEADOW ESTATES ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA. The property is located in Black Hawk County at 621 & 823 GRINDSTONE CIRCLE, WATERLOO, lvwa .50702• Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock, crops, timber including timber to be cut now or at any time in the future, all diversion payments or third party payments made to crop traducers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property}. This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. NOTiCE. THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF S 330,000.00. LOANS AND ADVANCES UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SEMi OR TO IN DEBTE D NESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. HOWEVER, THE PRIORiTY OF A PRIOR RECORDED MORTGAGE UNDER THIS SECTION DOES NOT APPLY TO LOANS OR ADVANCES MADE AFTER RECEIPT OF NOTICE OF FORECLOSURE OR ACTION TO ENFORCE A SUBSEQUENTLY RECORDED MORTGAGE DR OTHER SUBSEQUENTLY RECORDED OR FILED LIEN. 3. MAXIMUM OBLIGATION LIMIT., The total principal amount secured by this Security Instrument at any one time and from time to time will not exceed the amount stated above. Any limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this hmitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBTS AND FUTURE ADVANCES_ The term °Secured Debts" includes and this Security instrument will secure each of the foilowin: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, dated May 25, 2020, from Mortgagor to Lender, with a loan amount of 82567000.00 and maturing on May 157 2045. B. Future Advances. All future advances from Lender to Mortgagor under the Specific Debts executed by Mortgagor in favor of Lender after this Security Instrumertt: If more than one person signs this Security Instrument, each agrees that this Security Instrument will secure all future advances that are given to Mortgagor either individually or with others who may not sign this Security Instrument. An future advances are secured by this Security instrument even though all or part may not yet be advanced,. All future advances are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future advances in any amount. Any such commitment must be agreed to in a separate writing. FL & J. KELLY FAMILY TRUST Iowa Mortgage Ili/4a iI Dn@DO0O00 OQ1973O19O5 6 ON Initials Wolters Kluwer Financial Services 0199612020 Bankers Page Sterns'' File Number: 2020-00021239 Seq: 2 Page 105 of 373 :i:r:::lr: h nxrsk :.....:—:..-.:...::r::........................ vri•rvsYr^�vs�•r c CITY OF WATERLOO Council Communication Resolution approving the request of Jason Cremeans for tax exemptions on the construction of a single family home valued at $326,646, for property located at 1446 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 8/17/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type D CLURA 1446 Audubon Drive Form Backup Material ❑ CLURA 1446 Audubon Drive Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of Jason Cremeans for tax exemptions on the construction of a single family home valued at $326,646, for property located at 1446 Audubon Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Audubon Heights 6th Addition Lot 49, Waterloo, Iowa, Black Hawk County Page 107 of 373 CITY LIMITS URBAN REVITALIZATION APPLICAT FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION Or FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CI REVITALIZATION AREA PLAN ADOPTED BY THE CITY CO WATERLOO. ECEOVED NE OR TW9 O020 S URBAN CIL OF TH The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1a working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: inC)C\ arnearN4) yyllt�/— ADDRESS: 1 /.(o TELEPHONEk2i St--) -763 [ DATE: 0(e/r5Ana.n A. What is the Address of the property being improved? \ ��� y' 6 t o D �. What is the Legal Description of the property? (May be available at County Recorder's Office on 2' floor of the Courthouse) ftvit iv, k \A Lim a L (:r (1 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) 4.6 lt (AA 11,►, C. City of Waterloo Building and Inspections Department Information: Permit Number: 7j0%Pi- ' ' H ! Date permit was issued: Cl ? 01 Total permit(s) valuation: • D. What was the cost of the new construction? $ ) 2 Li (C H L, E. Estimated or actual date of completion of this new construction? (Ott-Al1'r CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: [BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 108 of 373 1 • WAXWING WAY- I • CITY OF WATERLOO Council Communication Resolution approving the request of Josh Nowicki for tax exemptions on the construction of a single family home valued at $321,500 for property located at 1835 Waxwing way, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 8/17/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type D CLURA 1835 Waxwing Way Form Backup Material ❑ CLURA 1835 Waxwing Way Map Backup Material SUBJECT: Submitted by: Recommended Action: S ummary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of Josh Nowicki for tax exemptions on the construction of a single family home valued at $321,500 for property located at 1835 Waxwing way, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Audubon Heights 6th Addition Lot 65, Waterloo Iowa, Black Hawk County Page 110 of 373 V_,A2eCc (4 30 g Vit-$9 am CITY LIMITS URBAN REVITALIZATION APPLICATION /c9 Va\vx FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: I. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) - 2. This application must be filed with City prior to the 11 workinti day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: J OS1h i C W (___ VLI SIGNATURE: — ADDRESS: 153 3 `.> 1x0 A)1, W*rt C;, W eLN1 TELEPHONE: 1,..n?s- 41 ` 1 ct 3 I DATE: Li) ?-o/ Lo A. What is the Address of the property being improved? 15335 V/L) a M..,) u) 01 \J U Jct�t,f 1O U. - A 5L1 4 I What is the Legal Description of the property? (May be available at County Recorder's Office on l2" � floor of the Courthouse) 1/0w eA3r71 1- 5 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C o r• \—r- -) \ \C C. City of Waterloo Building and Inspections Department Information: Permit Number: 19-'4) 7 Date permit was issued: '4-25 76]9 Total permit(s) valuation: I (15,500 D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction. CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tani McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 111 of 373 CITY OF WATERLOO Council Communication Resolution approving the request of Brian Werner for tax exemptions on the construction of a single family home valued at $245,000, for property located at 3135 Osage Avenue, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 8/17/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type D CLURA 3135 Osage Avenue Form Backup Material ❑ CLURA 3135 Osage Avenue Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving the request of Brian Werner for tax exemptions on the construction of a single family home valued at $245,000, for property located at 3135 Osage Avenue, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. Expenditure Required: None Source of Funds: N/A Policy Issue: Legal Descriptions: Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. That part of the Southeast Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section No.28, Township No. 89 North, Range No. 12 West of the 5th Principal Meridian, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quaker (SW 1/4 SW 1/4); thence S89°12'18"E along the South line of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) 996.55 feet; thence NO°47'42"E, 33.00 to the North right-of-way of Osage Avenue; thence continuing NO°47'42"E 259.95 feet; thence S89°12'18"E 255.14; thence S1°55'41"W 260.00 feet to said North right-of-way of Osage Page 113 of 373 Avenue; thence N89°12'18"W 250.00 feet along said North right-of-way line of Osage Avenue to the point of beginning, containing 1.50 acres. Page 114 of 373 CITY LIMITS URBAN REVITALIZATION APPLICATION () (9 ag V FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO C FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN U REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) is a 3-year 100% property tax exemption for newly constructed one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 1" working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application maybe filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: Brian Werner SIGNATURE: PAL' W ADDRESS: 3135 Osage Ave Waterloo, IA 50703 EMAIL: wernerbrian8@gmail.com TELEPHONE: 319-961-5677 DATE: 06/05/2020 A. What is the Address of the property being improved? 3135 Osage Ave Waterloo, IA 50703 What is the Legal Description of the property? (May be available at County Recorder's Office on 2id floor of the Courthouse) Je e 4-1 tc B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) New Construction n C. City of Waterloo Building and`Inspections Department Informatibii: Permit Number: of 4L.)-' `5 Date permit was issued: T l6i,i D. What was the cost of the new construction? 245,000 E. Estimated or actual date of completion of this new construction? 08/07/2020 Total permit(s) valuation: CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 115 of 373 Brustkern Rezone Legal Description That part of the Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) of Section No. 28, Township No. 89 North, Range No, 12 West of the 5th Principal Meridian, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4); thence S89°1218"E along the South line of said Southwest Quarter of the Southwest Quarter (SW 1/4 SW 1/4) 996.55 feet; thence NO°47'42"E 33.00 to the North right-of-way of Osage Avenue; thence continuing N0°47'42"E 259.95 feet; thence S89°12'18"E 255.14 feet; thence S1 °55'41 "W 260.00 feet to said North right-of-way of Osage Avenue; thence N89°12'18"W 250.00 feet along said North right- of-way line of Osage Avenue to the point of beginning, containing 1.50 acres. Page 116 of 373 CITY OF WATERLOO Council Communication Resolution approving the request of Lori Honermann for tax exemptions on the construction of a single family home valued at $470,000, for property located at 4835 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 8/17/2020 Prepared: 7/30/2020 ATTACHMENTS: Description Type D CLURA 4835 Shelley Court Form Backup Material ❑ CLURA 4835 Shelley Court Map Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Legal Descriptions: Resolution approving the request of Lori Honermann for tax exemptions on the construction of a single family home valued at $470,000, for property located at 4835 Shelley Court, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning and Development Director Approval. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. None N/A Strategy 3.9: Increase the promotion and utilization of the City Limits Urban Revitalization Area (CLURA) housing program. Nottingham Third Addition Lot 10 Waterloo, Black Hawk County, Iowa Page 118 of 373 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL O1= THE CITY O1- WATI:RIAO. The Cily Limits Urban Revitalization Area (CLURA) is a 3-year I 00% property laic exemption for newly constructed one or two family dwellings (single family homes or duplex/twin homes only) that meet the following criteria; I. Be located within the CLURA boundaries (a map of which can he obtained from the City of Waterloo Community Planning & Development Department.) 2, This application must he tiled with City prior to the I51 working day of February following the year when the improvements are completed to comply with the timeline of the Slate Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date ol'July 18, 2011 do not qualify. NAME ADDRESS; "I. L1 ' L N-r)efIb SU TELEPHONE: S\C1 � - SIGNATURE: EMAIL: DATE: 010)124,c.) 6fi'c!.ver-/ doatio 0r j A. What is the Address of the property being improved? � 5 Sh� [ f C . Wn �1c7 What is the Lego! Description of the property? (May be available at County Recorder's Office on 2" floor of the Courthouse) L,ic 10 'in N DEhberm alaLic Nj *_ CuLt B. What was the nature of the improvcmenl(s)? (must be single family homes of duplex/twin homes to qualify) W ,V15 �Yl�c:�l61 6. t� 1. m I Y h l) r l T C. City of Waterloo Building`and Inspections Department Information: Permit Number: UdO-O CI SDatc permit was issued: `) )0 D Total perrnit(s) valuation: D. What was the cost of' the new construction? �5L10IOUO l3. Estimated or actual date of completion of this new construction? surf l , ()Oa I CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: qaom BLACK HAWK COUNTY ASSESSOR APPROVED DATED: T.J. Koenigsfeld DENIED 13lack Hawk County Assessor Note: City Council approval does not guarantee tax exemptions, The application must he reviewed and approved by the Black Hawk County Assessor's Office I'or criteria eligibility. Page 119 of 373 CITY OF WATERLOO Council Communication Resolution approving submission of a US Department of Justice Assistance Grant application, in the amount of $44,769, with no City match, in conjunction with the purchase of a police Mobile Crisis Response vehicle and related equipment. City Council Meeting: 8/17/2020 Prepared: 8/17/2020 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Resolution approving submission of a US Department of Justice Assistance Grant application, in the amount of $44,769, with no City match, in conjunction with the purchase of a police Mobile Crisis Response vehicle and related equipment. Submitted By: Joe Leibold, Police Major Approval for grant application. The Waterloo Police Department is working cooperatively with the Black Hawk County Sheriffs Office and local health care providers on multiple grant opportunities to implement, train and staff a Mobile Crisis Response Unit. None Grant Funds None None This grant it through the Department of Justice and requires no matching funds. The vehicle purchased will be a low profile patrol vehicle to reduce any unnecessary trauma on those in crisis. Page 121 of 373 CITY OF WATERLOO Council Communication Resolution approving submission of a U.S. Department of Housing and Urban Development Lead Hazard Control and Healthy Homes Grant application, in the amount of $3,700,000, with a match of $280,000 in Community Development Block Grant funds, to be used during a 3.5-year grant cycle. City Council Meeting: 8/17/2020 Prepared: 8/10/2020 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Background Information: Resolution approving submission of a U.S. Department of Housing and Urban Development Lead Hazard Control and Healthy Homes Grant application, in the amount of $3,700,000, with a match of $280,000 in Community Development Block Grant funds, to be used during a 3.5-year grant cycle. Submitted By: Rudy D. Jones, Community Development Director approval of submission of the grant application which is due August 24, 2020 Match funds from the Community Development Block Grant The purpose of the Lead -Based Paint Hazard Reduction grant program is to maximize the number of children under the age of six protected from lead poisoning by assisting states, cities, counties and other units of local government in undertaking programs to identify and control lead -based hazards in eligible owner occupied and rental homes. Page 122 of 373 CITY OF WATERLOO Council Communication Resolution approving request of Daria T. Shahriari for a waiver for a concrete driveway, located at 1628 W. 2nd Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. City Council Meeting: 8/17/2020 Prepared: 8/11/2020 ATTACHMENTS: Description Type D DW Waiver 1628 W 2nd St Backup Material SUBJECT: Resolution approving request of Dana. T. Shahriari for a waiver for a concrete driveway, located at 1628 W. 2nd Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Legal Descriptions: Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. AUD FRANCIS WEST SIDE PLAT W 4 4 FT S 159 FT N 299 FT LOT 28 Page 123 of 373 WAIVER Date: 0 2 d Z Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a ; _ - driveway or sidewalk located at (concrete far asphalt) tiSr? (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section duo to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. `. placement of a driveway or sidewalk on City right-of-way on an unimproved street.. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. I�1.i1'<_ pely i,ttC> + 4.0 C,CO-PLe floc' Respectfully submitted, Dtrk a���1�iGln Printed Name of Property Owner Signature of Prop Page 124 of 373 CITY OF WATERLOO Council Communication Resolution approving request of Harvey Parcel for a waiver for an asphalt driveway, located at 1834 Lorraine Avenue (approach off Wisconsin Street), with the elimination of the sidewalk section for asphalt driveways. City Council Meeting: 8/17/2020 Prepared: 8/11/2020 ATTACHMENTS: Description Type D DW Waiver 1834 Lorraine Ave Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Legal Descriptions: Resolution approving request of Harvey Parcel for a waiver for an asphalt driveway, located at 1834 Lorraine Avenue (approach off Wisconsin Street), with the elimination of the sidewalk section for asphalt driveways. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 1834 Lorraine Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. MC LENDONS FIRST ADDITION LOT 288 Page 125 of 373 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: & gipt-t6Pt S; I hereby request a waiver to the griv way and sidewalk specifications for the construction of a A ,( �.,,{ L_ driveway or sidewalk located at (concrete r asphalt) )K31- 0drrq ► n U (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. i elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed accordingto the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, l� 41/4 0 - y if./ Printed Name of Property Owner 1-iar✓ej Parse( l� Signature of Property Owner Page 126 of 373 CITY OF WATERLOO Council Communication Resolution approving request of Fred Levy Jr., for a waiver for an asphalt driveway, located at 2112 City View Street, with the elimination of the sidewalk section for asphalt driveways. City Council Meeting: 8/17/2020 Prepared: 8/11/2020 ATTACHMENTS: Description D DW Waiver 2112 City View St SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Legal Descriptions: Type Backup Material Resolution approving request of Fred Levy Jr., for a waiver for an asphalt driveway, located at 2112 City View Street, with the elimination of the sidewalk section for asphalt driveways. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 2112 City View Street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. CITY VIEW HEIGHTS N 75 FT S 15 0 FT W 135 FT BLK 15 Page 127 of 373 Date: [�' Cti��t 20z0 WAIVER Honorable Mayor and City Council City Flail Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a �5r'J11�i 1� � driveway or sidewalk located at (concrete or as�p )� /- (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 'i. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, /rtJ Aa-17/ l7"r Printed Name of Property Owner Signature of Property Owner Page 128 of 373 CITY OF WATERLOO Council Communication Resolution approving request of Robert Stirm for a waiver for an asphalt driveway, located at 1920 Locke Avenue, with the elimination of the sidewalk section for asphalt driveways. City Council Meeting: 8/17/2020 Prepared: 8/11/2020 ATTACHMENTS: Description Type D DW Waiver 1920 Locke Ave Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Legal Descriptions: Resolution approving request of Robert Stirm for a waiver for an asphalt driveway, located at 1920 Locke Avenue, with the elimination of the sidewalk section for asphalt driveways. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 1920 Locke Avenue. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. PLEASANT VIEW ADDITION LOT 130 Page 129 of 373 WAIVER Date:3i`cl1 n-zo Honorable illlayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the Driveway and sidewalk specifications for the construction of a A ;f �� [ { driveway or sidewalk located at (concrete or asphalt) ,. (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e, exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street.. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Signature of Property Owner Page 130 of 373 CITY OF WATERLOO Council Communication Resolution approving award of bid to Baker Enterprises, Inc., of Waverly, Iowa, in the amount of $869,439, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said documents. City Council Meeting: 8/17/2020 Prepared: 7/7/2020 ATTACHMENTS: Description Type D Bid Tabulation Backup Material SUBJECT: Submitted by: Expenditure Required: Source of Funds: Resolution approving award of bid to Baker Enterprises, Inc., of Waverly, Iowa, in the amount of $869,439, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2020 Warp Drive RISE Project, Contract No. 977, and authorizing the Mayor to execute said documents. Submitted By: Matt Schindel, Associate Engineer $869,439.00 State Grant & TIF Page 131 of 373 FY20 Warp Drive RISE Project July 9, 2020 Bid Tab Estimate: $732,845.00 Bidder id SecBurity Bid Amount Peterson Contractors Inc. Reinbeck, IA 5% $1,154,951.00 Baker Enterprises Inc., Waverly, IA So/o $869,439.00 Vieth Construction Corporation, Cedar Falls, IA 5% $1,165,979.00 Pirc Tobin Construction, Alburnett, IA 5% $1,219,268.71 K. Cunningham Construction Co. Inc., Cedar Falls, IA 5% $903,835.00 Page 132 of 373 CITY OF WATERLOO Council Communication Resolution approving award of bid to Kidder Construction of Waterloo, Iowa, in the amount of $302,574, and approving the contract, bonds and certificate of insurance, in conjunction with the Public Works Truck Wash Project, and authorizing the Mayor to execute said document. City Council Meeting: 8/17/2020 Prepared: 7/29/2020 ATTACHMENTS: Description Type D Bid Tabulation Backup Material ❑ Contract Backup Material SUBJECT: Resolution approving award of bid to Kidder Construction of Waterloo, Iowa, in the amount of $302,574, and approving the contract, bonds and certificate of insurance, in conjunction with the Public Works Truck Wash Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: This project includes the purchase and installation of an automated vehicle/truck wash in the Public Works Building. Expenditure Required: $302,574.00 Source of Funds: GO Bond Funding Policy Issue: Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Background Information: The automated wash project was started, but put on hold when the Public Works Building was being constructed because of funding. Plumbing and electric were installed during construction of the Public Works Building. Page 133 of 373 Public Works Truck Wash Project July 16, 2020 Bid Tab Estimate: $354,532.00 Bidder Bid Security Bid Amount Base $280,000.00 Cardinal Construction, Alt. 1 $18,500.00 Waterloo, Iowa 5 0 Alt. 2 $7,050.00 Alt. 3 $61,500.00 Base $238,700.00 Failor Hurley Construction, 0 Alt. 1 $17,400.00 Waterloo, Iowa 5 /0 Alt. 2 $6,400.00 Alt. 3 $58,600.00 Base $232,600.00 Don Gardner Construction, Alt. 1 $17,915.00 Waterloo, Iowa 5% Alt. 2 $6,455.00 Alt. 3 $58,989.00 Base $219,940.00 Kidder Construction, Inc., Alt. 1 $19,524.00 Waterloo, Iowa 5% Alt. 2 $6,192.00 Alt. 3 $56,918.00 Page 134 of 373 OWNER Init. jo-AI A® Document A101® 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Thirtieth day of July in the year Two Thousand Twenty (In words, indicate day, month and year.) BETWEEN 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 Contractor: (Name, legal status, address and other information) Kidder Construction, Inc. 6036 Foulk Road PO Box 2242 Waterloo, IA 50704 Telephone Number: 319-234-2259 Fax Number: 319-233-5690 for the following Project: (Name, location and detailed description) Public Works Truck Wash Area Improvements for the City of Waterloo, Iowa. The Architect: (Name, legal status, address and other information) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 Telephone Number: 319-234-1515 Fax Number: 319-234-15I7 The Owner and Contractor agree as follows. 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 AlA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect 10 its completion or modification. The parties should complete Al01S-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A2010-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A1010— 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1983, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service, To report copyright violations, a -mall copyright@ata.org, ,�{ User Notes: Page of 373 1 Unit. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others, ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) The date of this Agreement. A date set forth in a notice to proceed issued by the Owner. Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3,3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Paragraph deleted) [ ] Not later than ( ) calendar days from the date of commencement of the Work. AIA Document A1016 — 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are registered trademarks and may rot be used without permission. This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is net for resale, is licensed for one-time use only, and may only be used in accordance with the AlA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1899326317) Page 136 of 373 2 Init. [ X ] By the following date: November 30, 2020. § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three Hundred Two Thousand Five Hundred Seventy-four Dollars and Zero Cents ($ 302,574.00), subject to additions and deductions as provided in the Contract Documents. Base Bid: Alt #1 Alt #2 Alt #3 TOTAL CONTRACT SUM $219,940.00 19, 524.00 6,192.00 56,918.00 S302,574.00 § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item Price Alt #1: To add hot water heater to the touchless $19,524.00 water system. Alt #2: To add soft start module to pump module $ 6,192.00 of the touchless wash system. Alt #3: To add blower systems to touchless $56,918.00 wash system. § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate.) Item Price Conditions for Acceptance N/A. § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item General Allowance Price $10,000.00 § 4.4 Unit prices, if any: (Idenlfy the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) None listed. § 4.5 Liquidated damages, if any: (Insert terms and conditions for liquidated damages, if any.) None Listed. AIA Document A1010— 2017. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents' are 3 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: (189933267 Page 137 of 373 Init. § 4.6 Other: (Insert provisions for bonus or other incentives, if any,that might result in a change to the Contract Sum) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the last day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the Fifteenth (15th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than Fifteen (15) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201 TM--2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5.1.7. AIA Document A1010 — 2017. Copyright n 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, "A101," and "AIA Contract Documents" are 4 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyrightClaia.org. User Notes: (1899326317) Page 138 of 373 Init. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five (5%) § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) § 5.1.7.2 Reduction or limitation of retainage, if any, shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications) § 5.1.7.3 Except as set forth in this Section 5.1.7.3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If fmal completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Minus no more than 200% of the value of the work not satisfactorily completed. § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Paragraph deleted) e�0 ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. AIA Document A101e — 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AlA Logo, "A101," and "AlA Contract Documents" are 5 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (18993263 7 Page 139 of 373 Init. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Paragraph deleted) [ ] Arbitration pursuant to Section 15.4 of AIA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction [] Other (Specify) If the Owner and Contractor 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, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7,1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Paragraph deleted) § 7.2 The Work maybe suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Quentin Hart, Mayor 715 Mulberry Street Waterloo, IA 50703 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Lonnie Kidder 6036 Faulk Road PO Box 2242 Waterloo, IA 50704 AtA Document A101e— 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects, All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 6 registered trademarks and may not be used without permission, This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: {1899326317) Page 140 of 373 § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AIA Document A10IT"_2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum. Refer to: Supplementary Instructions to Bidders, Article 7 Performance Bond and Payment Bond (7.3); and ARTICLE 15 Supplementary Genera! Conditions. § 8.5.2 The Contractor shall provide bonds as noted in the Supplementary Instructions to Bidders, Article 7 and ARTICLE 15 Supplementary General Conditions. § 8.6 Notice in electronic format, pursuant to Article 1 of MA Document A201-2017, may be given in accordance with MA Document E203TM_2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: N/A § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document A101T"1-2017, Standard Form of Agreement Between Owner and Contractor .2 MA Document A201T"L2017, General Conditions of the Contract for Construction .3 Drawings Number Title of Drawings exhibits: .4 Specifications Title Exhibit "A" Date 6/23/20 Section Title Date Pages Title of Specifications exhibit: Exhibit "B" 6/23/20 1 .5 Addenda, if any: Number Addenda #1 Date 7/13/20 Pages 3 Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9. .6 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) 1 MA Document E204TM_2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) init. AIA Document A1010— 2017. Copyright 01915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AlA Logo, "A101," and "AIA Contract Documents" are 7 registered trademarks and may not be used without permission, This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order 1 No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright(aia.org. User Notes: (1899326317 Page 141 of 373 Init. [ ] The Sustainability Plan: N/A Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages Article 15 Supplementary General Conditions 6/23/20 5 .9 Other documents, if any, listed below: (Paragraph deleted) This Agreement entered into as of the day and year first written above. 6f OWNER (Signature) CONTRACTOR (Signature Quentin Hart, Mayor (Printed name and title) Lonnie Kidder, President (Printed name and title) MA Document A101®— 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A101," and "AIA Contract Documents" are 8 registered trademarks and may not be used without permission, This document was produced by AIA software at 12:12:05 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1899326317) Page 142 of 373 Exhibit A SUPPLEMENTARY INSTRUCTIONS TO BIDDERS 3.1.5. LIST OF DRAWINGS AND SPECIFICATIONS DRAWINGS All drawings are all branch sets. A set of drawings consists of the following sheets: GENERAL G1-10 TITLE, SHEET INDEX, GENERAL NOTES, LOCATION ARCHITECTURAL A 1-21 FIRST FLOOR PLAN, ROOF PLAN, SECTIONS, DETAILS PLUMBING P2-11 FIRST FLOOR PLUMBING PLAN P3-21 ISOMETRIC DIAGRAMS P4-21 ENLARGEMENTS AND SECTIONS P5-11 SCHEMATIC DIAGRAM ELECTRICAL E2-1 1 FIRST FLOOR POWER PLAN PROJECT #19-23490 S.I.B. Page 1 Page 143 of 373 Page 144 of 373 Exhibit "B" INDEX FOR: PUBLIC WORKS TRUCK WASH AREA IMPROVEMENTS FOR THE CITY OF WATERLOO, IOWA Page No. DIVISION I - GENERAL REQUIREMENTS 011000 - Summary 1/4 012100 - Allowances 1l3 012300 — Alternates 1/2 012500 — Substitution Procedures 1/4 012600 - Contract Modification Procedures 1/2 012900 - Payment Procedures 1/5 013100 - Project Management and Coordination 1/6 013200 - Construction Progress Documentation 1/3 013300 - Submittal Procedures - Paper/Electronic 1/7 014000 - Quality Requirements 1/6 014200 - References 1/8 015000 — Temporary Facilities and Controls 1/4 016000 - Product Requirements 1/6 Product Substitution Form 1/1 017300 —Execution 1/6 017700 - Closeout Procedures 1/6 017823 - Operation and Maintenance Data 1/7 017839 - Project Record Documents 1/3 017900 - Demonstration and Training 1/4 DIVISION XI - EOUIPMENT 111126 — Toothless Wash System 1/10 MECHANICAL & ELECTRICAL DIVISION 22 —PLUMBING 22 0010 --- Basic Mechanical Plumbing Requirements 1/4 22 0553 — Identification for Plumbing Piping and Equipment 1/2 22 07I9 —Plumbing Piping Insulation 1/2 22 1005 —Plumbing Piping 1/4 22 1006 —Plumbing Piping Specialties I/2 22 3000 — Plumbing Equipment 1/2 DIVISION 26 — ELECTRICAL 26 0010 — Basic Electrical Requirements 1/4 26 0519 — Low -Voltage Electrical Power Conductors and Cables 1/6 26 0526 —Grounding and Bonding for Electrical Systems 1/2 26 0529 — Hangers and Supports for Electrical Systems 1/4 26 0533.13 —Conduit for Electrical Systems 1/8 26 0553.16 — Boxes for Electrical Systems 1/4 26 0553 — Identification for Electrical Systems 1/4 26 0583 — Wiring Connections 1/2 26 2726 — Wiring Devices 1/4 26 2816.16 — Enclosed Switches 1/4 PROJECT #19-23490 Page 145 of 373 Page 146 of 373 Init. !AI[A Document A201® — 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Public Works Truck Wash Area Improvements for the City of Waterloo, Iowa. THE OWNER: (Name, legal status and address) City of Waterloo 715 Mulberry Street Waterloo, IA 50703 THE ARCHITECT: (Name, legal status and address) I & S Group, Inc. (ISG) 314 East 4th Street Waterloo, IA 50703 TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 OWNER 3 CONTRACTOR 4 ARCHITECT 5 SUBCONTRACTORS 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 7 CHANGES IN THE WORK 8 TIME 9 PAYMENTS AND COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 INSURANCE AND BONDS 12 UNCOVERING AND CORRECTION OF WORK 13 MISCELLANEOUS PROVISIONS 14 TERMINATION OR SUSPENSION OF THE CONTRACT 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 art attorney is encouraged with respect to its completion or modification. For guidance in modifying this document to include supplementary conditions, see AEA Document A503'"", Guide for Supplementary Conditions. AIA Document A201®-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents' are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07i12t2021, Is not for resale, Is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33 Page 147 of 373 Init. 15 CLAIMS AND DISPUTES INDEX (Topics and numbers in bold are Section headings.) Acceptance of Nonconforming Work 9.6.6, 9.9.3, 12.3 Acceptance of Work 9.6.6, 9.8.2, 9.9.3, 9.10.1, 9.10.3, 12.3 Access to Work 3.16, 6.2.1, 12.1 Accident Prevention 10 Acts and Omissions 3.2, 3.3.2, 3.12.8, 3.18, 4.2.3, 8.3.1, 9.5.1, 10.2.5, 10.2.8, 13.3.2, 14.1, 15,1.2, 15.2 Addenda 1.1.1 Additional Costs, Claims for 3.7.4, 3.7.5, 10.3.2, 15.1.5 Additional Inspections and Testing 9.4.2, 9.8.3, 12,2.1, 13.4 Additional Time, Claims for 3.2.4, 3.7.4, 3.7.5, 3.I0.2, 8.3.2, 15.1,6 Administration of the Contract 3.1.3, 4.2, 9.4, 9.5 Advertisement or Invitation to Bid 1.1.1 Aesthetic Effect 4.2.13 Allowances 3,8 Applications for Payment 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5.1, 9.5.4, 9.6,3, 9.7, 9.10 Approvals 2.1.1, 2.3.1, 2.5, 3,1.3, 3.10.2, 3.12.8, 3.12.9, 3,12.10.1, 4.2.7, 9.3.2, 13.4.1 Arbitration 8.3.1, 15.3.2, 15.4 ARCHITECT 4 Architect, Definition of 4.1.1 Architect, Extent of Authority 2.5, 3.12.7, 4.1.2, 4.2, 5.2, 6.3, 7.1.2, 7.3.4, 7.4, 9.2, 9.3.1, 9.4, 9.5, 9.6.3, 9.8, 9.10.1, 9.10.3, 12.1, 12.2.1, 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15,1,4, 15.2.1 Architect, Limitations of Authority and Responsibility 2.1.1,3,12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 4.2.3, 4.2.6, 4.2.7, 4.2.10, 4.2.12, 4.2.13, 5.2,1, 7.4, 9.4.2, 9.5.4, 9.6.4, 15,1.4, 15.2 Architect's Additional Services and Expenses 2.5,12.2.1,13.4.2,13,4,3,14.2.4 Architect's Administration of the Contract 3.1.3, 3.7.4, 15.2, 9.4,1, 9.5 Architect's Approvals 2.5, 3.1.3, 3.5, 3.10,2, 4.2.7 Architect's Authority to Reject Work 3.5, 4.2.6, 12.1.2, 12.2.1 Architect's Copyright 1,1.7, 1.5 Architect's Decisions 3.7.4, 4.2.6, 4.2.7, 4.2.11, 4.2.12, 4.2.13, 4,2,14, 6.3, 7.3.4, 7.3.9, 8.1.3, 8.3.1, 9.2, 9.4.1, 9.5, 9.8.4, 9.9.1, 13.4.2, 15.2 Architect's Inspections 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.8.3, 9.9.2, 9.10.1, 13.4 Architect's Instructions 3.2.4, 3.3.1, 4.2.6, 4.2.7, 13.4.2 Architect's Interpretations 4.2.11, 4,2.12 Architect's Project Representative 4.2.10 Architect's Relationship with Contractor 1.1.2, 1.5, 2.3,3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3,4.2, 3.5,3.7.4,3.7.5,3.9.2,3,9.3,3.10,3.11,3.12,3.16, 3.18, 4.1.2, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Architect's Relationship with Subcontractors 1.1.2, 4.2.3, 4.2.4, 4.2.6, 9.6.3, 9.6.4, 11.3 Architect's Representations 9.4.2, 9.5.1, 9.10.1 Architect's Site Visits 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Asbestos 10.3.1 Attorneys' Fees 3.18.1, 9.6.8, 9.10.2, 10.3.3 Award of Separate Contracts 6.1.1, 6.1.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2 Basic Definitions 1.1 Bidding Requirements 1.1.1 Binding Dispute Resolution 8.3.1, 9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 15.2.6.1, 15,3.1, 15.3.2, 15.3.3, 15.4.1 Bonds, Lien 7.3.4.4, 9.6.8, 9.10.2, 9.10.3 Bonds, Performance, and Payment 7.3.4.4, 9.6.7, 9,10,3, 11.1.2, 11.1.3, 11.5 Building Information Models Use and Reliance 1.8 Building Permit 3.7.1 Capitalization 1.3 AlA Document A2018 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' "AIA," the AIA Logo, "A201," and `AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: (3B9ADA33) Page 148 of 373 2 Certificate of Substantial Completion 9.8.3, 9.8.4, 9.8.5 Certificates for Payment 4.2.1, 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.1.3, 14.2.4, 15.1.4 Certificates of Inspection, Testing or Approval 13.4.4 Certificates of Insurance 9.10.2 Change Orders 1.1.1, 3.4.2, 3.7.4, 3.8.2.3, 3.11, 3.12.8, 4.2.8, 5.2.3, 7.1.2, 7.1.3, 7.2, 7.3.2, 7.3.7, 7.3.9, 7.3.10, 8.3.1, 9.3.1.1, 9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 Change Orders, Definition of 7.2.1 CHANGES IN THE WORK 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, 11.5 Claims, Definition of 15.1.1 Claims, Notice of 1.6.2, 15.1.3 CLAIMS AND DISPUTES 3.2.4, 6.1.1, 6.3, 7.3.9, 9.3.3, 9.10.4, 10.3.3, 15, 15.4 Claims and Timely Assertion of Claims 15.4.1 Claims for Additional Cost 3.2.4, 3.3.1, 3.7.4, 7.3.9, 9.5.2, 10.2.5, 10.3.2, 15.1.5 Claims for Additional Time 3.2.4, 3.3.1, 3.7.4, 6.1.1, 8.3.2, 9.5.2, 10.3.2, 15.1.6 Concealed or Unknown Conditions, Claims for 3.7.4 Claims for Damages 3.2.4, 3.18, 8.3.3, 9.5.1, 9.6.7, 10.2.5, 10.3.3, 11.3, 11.3.2, 14.2.4, 15.1.7 Claims Subject to Arbitration 15.4.1 Cleaning Up 3.15, 6.3 Commencement of the Work, Conditions Relating to 2.2.1, 3.2.2, 3.4.1, 3.7.1, 3.10.1, 3.12.6, 5.2.1, 5.2.3, 6.2.2, 8.1.2, 8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 Commencement of the Work, Definition of 8.1.2 Communications 3.9.1, 4.2.4 Completion, Conditions Relating to 3.4.1, 3.11, 3.15, 4.2.2, 4.2.9, 8.2, 9.4.2, 9.8, 9.9.1, 9.10,12.2,14.1.2,15.1.2 COMPLETION, PAYMENTS AND 9 Completion, Substantial 3.10.1, 4.2.9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Compliance with Laws 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, 15.2.8, 15.4.2, 15,4.3 Concealed or Unknown Conditions 3.7.4, 4.2.8, 8.3.1, 10.3 Conditions of the Contract 1.1.1, 6.1.1, 6.1.4 Consent, Written 3.4.2, 3.14.2, 4.1.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3, 13.2, 15.4.4.2 Consolidation or Joinder 15.4.4 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 1.1.4, 6 Construction Change Directive, Definition of 7.3.1 Construction Change Directives 1.1.1, 3.4.2, 3.11, 3.12.8, 4.2.8, 7.1.1, 7.1.2,7.1.3, 7.3, 9.3.1.1 Construction Schedules, Contractor's 3.10, 3.11, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Contingent Assignment of Subcontracts 5.4, 14.2.2.2 Continuing Contract Performance 15.1.4 Contract, Definition of 1.1.2 CONTRACT, TERMINATION OR SUSPENSION OF THE 5.4.1.1, 5.4.2, 11.5, 14 Contract Administration 3.1.3, 4, 9.4, 9.5 Contract Award and Execution, Conditions Relating to 3.7.1, 3.10, 5.2, 6.1 Contract Documents, Copies Furnished and Use of 1.5.2, 2.3.6, 5.3 Contract Documents, Definition of 1.1.1 Contract Sum 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3,7.4, 9.1, 9.2, 9.4.2, 9.5.1.4, 9.6.7, 9.7, 10.3.2, 11.5, 12.1.2, 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Contract Sum, Definition of 9.1 Contract Time 1.1.4, 2.2.1, 2.2.2, 3.7.4, 3.7.5, 3.10.2, 5.2.3, 6.1.5, 7.2.1.3, 7.3.1, 7.3.5, 7.3.6, 7, 7, 7.3.10, 7.4, 8.1.1, 8.2.1, 8.2.3, 8.3.1, 9.5.1, 9.7, 10.3.2, 12.1.1, 12.1.2, 14.3.2,15.1.4.2,15.1.6.1,15.2.5 Contract Time, Definition of 8.1.1 CONTRACTOR 3 Contractor, Definition of 3.1, 6.1.2 AIA Document A2016— 2017. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents' are registered Trademarks and may not be used without permission. This document was produced by AM software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: (3B9ADA33 Page 149 of 373 3 init. Contractor's Construction and Submittal Schedules 3.10, 3.12.1, 3.12.2, 4.2.3, 6.1.3, 15.1.6.2 Contractor's Employees 2.2.4, 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3, 11,3, 14.1, 14.2.1.1 Contractor's Liability Insurance 11.1 Contractor's Relationship with Separate Contractors and Owner's Forces 3.12.5, 3.14.2, 4.2.4, 6, 11.3, 12.2.4 Contractor's Relationship with Subcontractors 1.2.2, 2.2.4, 3.3.2, 3.18.1, 3.18.2, 4.2.4, 5, 9.6.2, 9.6.7, 9.10.2, 11.2, 11.3, 11.4 Contractor's Relationship with the Architect 1.1.2, 1.5, 2.3.3, 3.1.3, 3.2.2, 3.2.3, 3.2.4, 3.3.1, 3.4.2, 3.5.1, 3.7.4, 3.10, 3.11, 3.12, 3.16, 3.18, 4.2, 5.2, 6.2.2, 7, 8.3.1, 9.2, 9.3, 9.4, 9.5, 9.7, 9.8, 9.9, 10.2.6, 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 Contractor's Representations 3.2.1, 3.2.2, 3.5, 3.12.6, 6.2.2, 8.2.1, 9.3.3, 9,8.2 Contractor's Responsibility for Those Performing the Work 3.3.2, 3.18, 5.3, 6.1.3, 6.2, 9.5.1, 10.2.8 Contractor's Review of Contract Documents 3.2 Contractor's Right to Stop the Work 2.2.2, 9.7 Contractor's Right to Terminate the Contract 14.1 Contractor's Submittals 3.10, 3.11, 3.12, 4.2.7, 5.2.1, 5.2,3, 9.2, 9.3, 9,8,2, 9.8.3, 9.9.1, 9.10.2, 9.10.3 Contractor's Superintendent 3.9, 10,2.6 Contractor's Supervision and Construction Procedures 1.2.2, 33, 3.4, 3.12,10, 4,2,2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 7.3.6, 8.2, 10, 12, 14, 15.1.4 Coordination and Correlation 1.2,3.2.1,3.3.1,3.10,3,12.6,6.1.3,6.2.1 Copies Furnished of Drawings and Specifications 1.5, 2.3.6, 3.11 Copyrights 1.5, 3.17 Correction of Work 2.5, 3.7.3, 9.4.2, 9.8.2, 9.8.3, 9.9.1, 12.1.2, 12.2, 12.3, 1513.1, 15.1.3.2, 15.2.1 Correlation and Intent of the Contract Documents 1,2 Cost, Definition of 7.3.4 Costs 2.5, 3.2.4, 3.7.3, 3.8.2, 3.15.2, 5.4.2, 6.1.1, 6.2.3, 7.3.3.3, 7.3.4, 7.3.8, 7.3,9, 9.10,2, 10,3.2, 10,3,6, 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 Cutting and Patching 3.14, 6.2.5 Damage to Construction of Owner or Separate Contractors 3,14.2, 6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Damage to the Work 3.14.2, 9.9.1, 10.2.1.2, 10.2.5, 10.4, 12,2.4 Damages, Claims for 3.2.4, 3.18, 6.1.1, 8.3.3, 9.5.1, 9.6.7, 10.3.3, 11,3.2, 11.3, 14.2.4, 15.1.7 Damages for Delay 6.2.3, 8.3.3, 9.5.1.6, 9.7, 10.3.2, 14.3.2 Date of Commencement of the Work, Definition of 8.1.2 Date of Substantial Completion, Definition of 8.1.3 Day, Definition of 8.1.4 Decisions of the Architect 3.7.4,4.2.6,4.2.7,4.2.11,4.2,12,4.2,13,6.3,7.3.4, 7.3.9, 8.1,3, 8.3.1, 9.2, 9.4, 9.5.1, 9.8.4, 9.9.1, 13,4,2, 14.2.2,14.2.4, 15.1,15.2 Decisions to Withhold Certification 9.4.1, 9.5, 9.7, 14.1.1.3 Defective or Nonconforming Work, Acceptance, Rejection and Correction of 2.5, 3.5, 4.2.6, 6.2.3, 9.5.1, 9.5.3, 9.6.6, 9.8.2, 9.9.3, 9.10.4, 12.2.1 Definitions 1.1,2.1.1,3.1.1,3,5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 6.1.2, 7.2.1, 7.3.1, 8.1, 9.1, 9,8.1, 15.1.1 Delays and Extensions of Time 3,2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Digital Data Use and Transmission 1.7 Disputes 6.3, 7.3.9, 15.1, 15.2 Documents and Samples at the Site 3.11 Drawings, Definition of 1.1.5 Drawings and Specifications, Use and Ownership of 3.11 Effective Date of Insurance 8.2.2 Emergencies 10.4, 14.1.1.2, 15.1.5 Employees, Contractor's 3.3.2, 3.4.3, 3.8.1, 3.9, 3.18.2, 4.2.3, 4.2.6, 10.2, 10.3.3, 11.3, 14.1, 14.2.1.1 Equipment, Labor, or Materials 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 4.2.6, 4.2.7, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Execution and Progress of the Work 1.1.3, 1.2.1, 1.2.2, 2.3.4, 2.3.6, 3.1, 3.3.1, 3.4.1, 3.7.1, 3.10.1, 3.12, 3.14, 4.2, 6.2.2, 7,1,3, 7.3.6, 8.2, 9.5.1, 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 AMA Document A201e— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AiA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8119132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 150 of 373 4 Init. Extensions of Time 3,2.4, 3.7.4, 5.2.3, 7.2.1, 7.3, 7.4, 9.5.1, 9.7, 10.3,2, 10.4, 14.3, 15.1.6, 15.2.5 Failure of Payment 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1.2 Faulty Work (See Defective or Nonconforming Work) Final Completion and Final Payment 4.2.1, 4.2.9, 9.8.2, 9.10, 12.3, 14.2,4, 14.4.3 Financial Arrangements, Owner's 2.2.1, 13.2.2, 14.1.1.4 GENERAL PROVISIONS 1 Governing Law 13.1 Guarantees (See Warranty) Hazardous Materials and Substances 10.2.4, 10.3 Identification of Subcontractors and Suppliers 5.2.1 Indemnification 3.17, 3.18, 9.6.8, 9.10,2, 10.3.3, 11.3 Information and Services Required of the Owner 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10,1, 6.1.3, 6.1.4, 6,2.5, 9.6.1, 9.9.2, 9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 Initial Decision 15.2 Initial Decision Maker, Definition of 1.1.8 Initial Decision Maker, Decisions 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4,15.2.5 Initial Decision Maker, Extent of Authority 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Injury or Damage to Person or Property 10,2.8, 10.4 Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9,8,3, 9.9.2, 9.10.1, 12.2.1, 13.4 Instructions to Bidders 1,1.1 Instructions to the Contractor 3.2,4, 3.3,1, 3,8,1, 5.2.1, 7, 8.2,2, 12, 13,4.2 Instruments of Service, Definition of 1.1.7 Insurance 6.1.1, 7.3.4, 8.2.2, 9.3.2, 9.8.4, 9.9.1, 9.10.2, 10.2.5, 11 Insurance, Notice of Cancellation or Expiration 11.1.4,11.2.3 Insurance, Contractor's Liability 11.1 Insurance, Effective Date of 8.2.2, 14.4.2 Insurance, Owner's Liability 11.2 Insurance, Property 10.2.5, 11.2, 11.4, 11.5 Insurance, Stored Materials 9.3.2 INSURANCE AND BONDS 11 Insurance Companies, Consent to Partial Occupancy 9.9.1 Insured loss, Adjustment and Settlement of 11.5 Intent of the Contract Documents 1.2.1, 4.2.7, 4.2.12, 4.2.13 Interest 13.5 Interpretation 1,1.8, 1.2.3, 1.4, 4.1.1, 5.1, 6.1,2, 15.1.1 Interpretations, Written 4,2.11, 4.2.12 Judgment on Final Award 15.4.2 Labor and Materials, Equipment 1.1.3, 1.1.6, 3.4, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9.5.1.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 Labor Disputes 8.3.1 Laws and Regulations 1.5, 2.3.2, 3.2.3, 3.2.4, 3.6, 3.7, 3.12,10, 3.13, 9.6,4, 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, 15.4 Liens 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Limitations, Statutes of 12.2.5, 15.1.2, 15.4.1.1 Limitations of Liability 3.2.2, 3.5, 3.12.10, 3.12.10.1, 3.17, 3.18.1, 4.2.6, 4.2.7, 6.2.2, 9.4.2, 9.6.4, 9.6.7, 9.6.8, 10.2.5, 10.3.3, 11.3, 12.2.5, 13.3.1 Limitations of Time 2.1.2, 2.2, 2.5, 3.2.2, 3.10, 3.11, 3.12.5, 3.15.1, 4.2.7, 5.2, 5.3, 5.4.1, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3.3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15, 15.1.2, 15.1.3, 15.1.5 Materials, Hazardous 10.2.4, 10.3 Materials, Labor, Equipment and 1.1.3, 1.1.6, 3.4.1, 3.5, 3.8.2, 3.8.3, 3.12, 3.13, 3.15.1, 5.2.1, 6.2.1, 7.3.4, 9.3.2, 9.3.3, 9,5.1,3, 9.10,2, 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Means, Methods, Techniques, Sequences and Procedures of Construction 3.3.1, 3.12.10, 4.2.2, 4.2.7, 9.4.2 Mechanic's Lien 2.1.2, 9.3.1, 9.3.3, 9.6.8, 9.10.2, 9.10.4, 15.2.8 Mediation 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 15.4.1.1 Minor Changes in the Work AIA Document A2010-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, Is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: {3B9ADA33) Page 151 of 373 5 Init. 1.1.1, 3.4.2, 3.12.8, 4.2.8, 7.1, 7.4 MISCELLANEOUS PROVISIONS 13 Modifications, Definition of 1.1.1 Modifications to the Contract 1.1.1, 1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 10.3.2 Mutual Responsibility 6.2 Nonconforming Work, Acceptance of 9.6.6, 9.9.3, 12.3 Nonconforming Work, Rejection and Correction of 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, 12.2 Notice 1.6, 1.6.1, 1.6.2, 2.1.2, 2.2.2., 2.2.3, 2.2.4, 2.5, 3.2.4, 3.3.1,3.7.4,3.7.5,39.2,3.12.9,3.12.10,5.2.1,7.4, 8.2.2 9.6.8, 9.7, 9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15,1,5, 15.1.6, 15.4.1 Notice of Cancellation or Expiration of Insurance 11.1.4, 11.2.3 Notice of Claims 1.6.2, 2.1.2, 3.7.4, 9.6.8, 10.2.8, 15.1.3, 15.1.5, 15.1.6, 15.2.8, 15.3.2, 15.4.1 Notice of Testing and Inspections 13.4.1, 13.4.2 Observations, Contractor's 3.2, 3.7.4 Occupancy 2.3.1, 9.6.6, 9.8 Orders, Written 1.1.1, 2.4, 3.9.2, 7, 8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, 14.3.1 OWNER 2 Owner, Definition of 2.1.1 Owner, Evidence of Financial Arrangements 2.2, 13.2.2, 14.1.1.4 Owner, Information and Services Required of the 2.1.2, 2.2, 2.3, 3.2.2, 3.12.10, 6.1.3, 6.1.4, 6.2.5, 9.3.2, 9.6.1, 9.6.4, 9.9.2, 9.10.3, 10.3,3, 11.2, 13.4.1, 13,4,2, 14.1.1.4, 14.1.4, 15.1.4 Owner's Authority 1.5,2.1.1,2.3.32.4,2.5,3.4.2,3.8.1,3.12.10,3.14.2, 4.1.2, 4.2.4, 4.2.9, 5.2.1, 5.2.4, 5.4.1, 6.1, 6.3, 7.2.1, 7.3.1, 8.2.2, 8.3.1, 9.3.2, 9.5.1, 9.6.4, 9.9.1, 9.10.2, 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, 15.2.7 Owner's Insurance 11.2 Owner's Relationship with Subcontractors 1.1.2, 5.2, 5.3, 5.4, 9.6.4, 9.10.2, 14.2.2 Owner's Right to Carry Out the Work 2.5, 14.2.2 Owner's Right to Clean Up 6.3 Owner's Right to Perform Construction and to Award Separate Contracts 6.1 Owner's Right to Stop the Work 2.4 Owner's Right to Suspend the Work 14.3 Owner's Right to Terminate the Contract 14.2, 14.4 Ownership and Use of Drawings, Specifications and Other Instruments of Service 1.1.1, 1.1.6, 1.1.7, 1,5, 2.3.6, 3.2.2, 3.11, 3.17, 4.2.12, 5.3 Partial Occupancy or Use 9.6.6, 9.9 Patching, Cutting and 3.14, 6.2.5 Patents 3.17 Payment, Applications for 4.2.5, 7.3.9, 9.2, 9.3, 9.4, 9.5, 9.6.3, 9.7, 9.8,5, 9,10,1, 14.2.3, 14.2.4, 14.4.3 Payment, Certificates for 4.2.5, 4.2.9, 9.3.3, 9.4, 9.5, 9.6.1, 9.6.6, 9.7, 9.10.1, 9.10.3, 14.1.I.3, 14.2.4 Payment, Failure of 9.5.1.3, 9.7, 9.10.2, 13.5, 14.1.1.3, 14.2.1,2 Payment, Final 4.2.1, 4.2.9, 9.10, 12.3, 14.2.4, 14.4.3 Payment Bond, Performance Bond and 7.3.4.4, 9.6.7, 9.10.3, 11.1.2 Payments, Progress 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 PAYMENTS AND COMPLETION 9 Payments to Subcontractors 5.4.2, 9.5.1.3, 9.6.2, 9.6.3, 9.6.4, 9.6.7, 14.2.1.2 PCB 10.3.1 Performance Bond and Payment Bond 7,3,4.4, 9.6.7, 9.10.3, 11.1.2 Permits, Fees, Notices and Compliance with Laws 2.3.1, 3.7, 3,13, 7.3.4.4, 10.2.2 PERSONS AND PROPERTY, PROTECTION OF 10 Polychlorinated Biphenyl 10.3.1 Product Data, Definition of 3.12.2 Product Data and Samples, Shop Drawings 3.11, 3.12, 4.2.7 Progress and Completion 4,2.2, 8.2, 9.8, 9.9.1, 14.1.4, 15.1.4 Progress Payments 9.3, 9.6, 9.8.5, 9.10.3, 14.2.3, 15.1.4 AIA Document A201®— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects," "AIA," the AIA Logo, "A201," and "AlA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AlA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07112/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyrlght@ala.org. User Notes: (3B9ADA33) Page 152 of 373 6 Snit. Project, Definition of 1.1.4 Project Representatives 4.2.10 Property Insurance 10.2.5, 11.2 Proposal Requirements 1.1.1 PROTECTION OF PERSONS AND PROPERTY 10 Regulations and Laws 1.5, 2.3.2, 3.2.3, 3.6, 3.7, 3.12.10, 3.13, 9.6.4, 9.9.1, 10.2.2,13.1,13.3,13.4.1,13.4.2,13.5,14,15.2.8, 15.4 Rejection of Work 4.2.6, 12.2.1 Releases and Waivers of Liens 9.3.1, 9.10.2 Representations 3.2.1, 3.5, 3.12.6, 8.2.1, 9.3.3, 9.4.2, 9.5.1, 9.10.1 Representatives 2.1.1, 3.1.1, 3.9, 4.1.1, 4.2.10, 13.2.1 Responsibility for Those Performing the Work 3.3.2, 3.18, 4.2.2, 4.2.3, 5.3, 6.1.3, 6.2, 6.3, 9.5.1, 10 Retainage 9.3.1, 9.6.2, 9.8.5, 9.9.1, 9.10.2, 9.10.3 Review of Contract Documents and Field Conditions by Contractor 3.2, 3.12.7, 6.1.3 Review of Contractor's Submittals by Owner and Architect 3.10.1, 3.10.2, 3.11, 3.12, 4.2, 5.2, 6.1.3, 9.2, 9.8.2 Review of Shop Drawings, Product Data and Samples by Contractor 3.12 Rights and Remedies 1.1.2, 2.4, 2.5, 3.5, 3.7.4, 3.15.2, 4.2.6, 5.3, 5.4, 6.1, 6.3, 7.3.1, 8.3, 9.5.1, 9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 12.2.4, 13.3, 14, 15,4 Royalties, Patents and Copyrights 3.17 Rules and Notices for Arbitration 15.4.1 Safety of Persons and Property 10.2, 10.4 Safety Precautions and Programs 3.3.1, 4.2.2, 4.2.7, 5.3, 10.1, 10.2, 10.4 Samples, Definition of 3.12.3 Samples, Shop Drawings, Product Data and 3.11, 3.12, 4.2.7 Samples at the Site, Documents and 3.11 Schedule of Values 9.2, 9.3.1 Schedules, Construction 3.10, 3.12.1, 3.12.2, 6.1.3, 15.1.6.2 Separate Contracts and Contractors 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6, 8.3.1, 12.1.2 Separate Contractors, Definition of 6.1.1 Shop Drawings, Definition of 3.12.1 Shop Drawings, Product Data and Samples 3.11, 3.12, 4.2.7 Site, Use of 3.13, 6.1.1, 6.2.1 Site Inspections 3.2.2, 3.3.3, 3.7.1, 3.7.4, 4.2, 9.9.2, 9.4.2, 9.10.1, 13.4 Site Visits, Architect's 3.7.4, 4.2.2, 4.2.9, 9.4.2, 9.5.1, 9.9.2, 9,10.1, 13.4 Special Inspections and Testing 4.2.6, 12.2.1, 13.4 Specifications, Definition of 1.1.6 Specifications 1.1.1, 1.1.6, 1.2.2, 1,5, 3.12.10, 3.17, 4.2.14 Statute of Limitations 15.1.2, 15.4.1.1 Stopping the Work 2.2.2, 2.4, 9.7, 10.3, 14.1 Stored Materials 6.2.1, 9.3.2, 10.2.1.2, 10.2.4 Subcontractor, Definition of 5.1.1 SUBCONTRACTORS 5 Subcontractors, Work by 1.2.2, 3.3.2, 3.12.1, 3.18, 4.2.3, 5.2.3, 5.3, 5.4, 9.3.1.2, 9.6.7 Subcontractual Relations 5.3, 5.4, 9.3.1.2, 9.6, 9.10, 10.2.1, 14.1, 14.2.1 Submittals 3.10,3.11,3.12,4.2.7,5,2.1,5.2.3,7.3.4,9,2,9.3, 9.8, 9.9.1, 9.10.2, 9.10.3 Submittal Schedule 3.10.2, 3.12.5, 4.2.7 Subrogation, Waivers of 6.1.1, 11.3 Substances, Hazardous 10.3 Substantial Completion 4.2,9, 8.1.1, 8.1.3, 8.2.3, 9.4.2, 9.8, 9.9.1, 9.10.3, 12.2, 15.1.2 Substantial Completion, Definition of 9.8.1 Substitution of Subcontractors 5.2.3, 5.2.4 Substitution of Architect 2.3.3 Substitutions of Materials 3.4.2, 3.5, 7.3.8 Sub -subcontractor, Definition of 5.1.2 AIA Document A201e-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, "A201," and "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 0711212021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AlA Contract Documents® Terms of Service. To report copyright violations, e-mail copyrtght@aia.org. User Notes: (3B9AD, 33 Page 5 of 373 7 Init. Subsurface Conditions 3.7.4 Successors and Assigns 13.2 Superintendent 3.9, 10.2.6 Supervision and Construction Procedures 1.2.2, 3.3, 3.4, 3.12.10, 4.2.2, 4.2.7, 6.1.3, 6.2.4, 7.1.3, 7.3.4, 8.2, 8.3.1, 9.4.2, 10, 12, 14, 15.1.4 Suppliers 1.5, 3.12.1, 4.2.4, 4.2.6, 5.2.1, 9.3, 9.4.2, 9.5.4, 9.6, 9.10.5, 14.2.1 Surety 5.4.1.2, 9.6,8, 9.8.5, 9.10.2, 9.10.3, 11.1.2, 14.2.2, 15.2.7 Surety, Consent of 9.8.5, 9.10.2, 9.10.3 Surveys 1.1.7, 2.3.4 Suspension by the Owner for Convenience 14.3 Suspension of the Work 3.7.5, 5.4.2, 14.3 Suspension or Termination of the Contract 5.4.1.1, 14 Taxes 3.6, 3.8.2.1, 7.3.4.4 Termination by the Contractor 14.1, 15.1.7 Termination by the Owner for Cause 5,4.1,1, 14.2, 15.1.7 Termination by the Owner for Convenience 14.4 Termination of the Architect 2.3.3 Termination of the Contractor Employment 14.2,2 TERMINATION OR SUSPENSION OF THE CONTRACT 14 Tests and Inspections 3.1.3, 3.3.3, 3.7.1, 4.2.2, 4.2.6, 4.2.9, 9.4.2, 9.8.3, 9.9.2,9.10.1,10.3.2,12.2.1,13.4 TIME 8 Time, Delays and Extensions of 3.2.4, 3.7.4, 5.2.3, 7.2.1, 7.3.1, 7.4, 8.3, 9.5.1, 9.7, 10.3.2, 10.4, 14,3,2, 15.1.6, 15.2.5 Time Limits 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, 5.2, 5.3, 5.4, 6.2.4, 7.3, 7.4, 8.2, 9.2, 9.3.1, 9.3,3, 9.4.1, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 12.2, 13.4, 14, 15.1.2, 15.1.3, 15.4 Time Limits on Claims 3.7.4, 10.2.8, 15.1.2, 15.1.3 Title to Work 9.3.2, 9.3.3 UNCOVERING AND CORRECTION OF WORK 12 Uncovering of Work 12.1 Unforeseen Conditions, Concealed or Unknown 3.7.4, 8.3.1, 10.3 Unit Prices 7.3.3.2, 9.1.2 Use of Documents 1.1.1, 1.5, 2.3.6, 3.12.6, 5.3 Use of Site 3.13, 6.1.1, 6.2.1 Values, Schedule of 9.2, 9.3.1 Waiver of Claims by the Architect 13.3.2 Waiver of Claims by the Contractor 9.10.5, 13.3.2, 15.1.7 Waiver of Claims by the Owner 9.9.3, 9.10.3, 9.10.4, 12.2.2,1, 13.3.2, 14.2.4, 15.1.7 Waiver of Consequential Damages 14.2.4, 15.1.7 Waiver of Liens 9.3, 9.10.2, 9.10.4 Waivers of Subrogation 6.1.1, 11.3 Warranty 3.5, 4.2.9, 9.3.3, 9.8.4, 9.9.1, 9.10.2, 9.10.4, 12.2.2, 15.1.2 Weather Delays 8.3, 15.1.6.2 Work, Definition of 1.1.3 Written Consent 1.5.2, 3.4.2, 3.7.4, 3.12.8, 3.14.2, 4.1.2, 9.3.2, 9.10.3, 13.2, 13.3.2, 15.4.4.2 Written Interpretations 4.2.11, 4.2.12 Written Orders 1.1.1,2.4,3.9,7, 8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 A1A Document A201®— 2017. Copyright n 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AtA," the AIA Lego, "A201," and "AiA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07112/2021, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA33) Page 154 of 373 8 Init. ARTICLE 1 GENERAL PROVISIONS § 1.1 Basic Definitions § 1.1.1 The Contract Documents The Contract Documents are enumerated in the Agreement between the Owner and Contractor (hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other documents listed in the Agreement, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive, or (4) a written order for a minor change in the Work issued by the Architect. Unless specifically enumerated in the Agreement, the Contract Documents do not include the advertisement or invitation to bid, Instructions to Bidders, sample forms, other information furnished by the Owner in anticipation of receiving bids or proposals, the Contractor's bid or proposal, or portions of Addenda relating to bidding or proposal requirements. § 1.1.2 The Contract The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the Contractor and the Architect or the Architect's consultants, (2) between the Owner and a Subcontractor or a Sub -subcontractor, (3) between the Owner and the Architect or the Architect's consultants, or (4) between any persons or entities other than the Owner and the Contractor. The Architect shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the Architect's duties. § 1.1.3 The Work The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. § 1.1.4 The Project The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by the Owner and by Separate Contractors. § 1.1,5 The Drawings The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. § 1.1.6 The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. § 1.1.7 Instruments of Service Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 1.1.8 Initial Decision Maker The Initial Decision Maker is the person identified in the Agreement to render initial decisions on Claims in accordance with Section 15.2. The Initial Decision Maker shall not show partiality to the Owner or Contractor and shall not be liable for results of interpretations or decisions rendered in good faith. § 1.2 Correlation and Intent of the Contract Documents § 1.2.1 The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent AIA Document A2010 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA,' the AIA Logo, "A201," and "AIA Contract Documents" are 9 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 0711212021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, email copyright@ala.org. User (Votes. Page D�i of 373 9 Init. consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 1.2.1.1 The invalidity of any provision of the Contract Documents shall not invalidate the Contract or its remaining provisions. If it is determined that any provision of the Contract Documents violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Contract Documents shall be construed, to the fullest extent permitted by law, to give effect to the parties' intentions and purposes in executing the Contract. § 1.2.2 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. § 1.2.3 Unless otherwise stated in the Contract Documents, words that have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. § 1.3 Capitalization Terms capitalized in these General Conditions include those that are (1) specifically defined, (2) the titles of numbered articles, or (3) the titles of other documents published by the American Institute of Architects. § 1.4 Interpretation In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 1.5 Ownership and Use of Drawings, Specifications, and Other Instruments of Service § 1.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and retain all common law, statutory, and other reserved rights in their Instruments of Service, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and suppliers shall not own or claim a copyright in the Instruments of Service, Submittal or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 1.5.2 The Contractor, Subcontractors, Sub -subcontractors, and suppliers are authorized to use and reproduce the Instruments of Service provided to them, subject to any protocols established pursuant to Sections 1.7 and 1.8, solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub -subcontractors, and suppliers may not use the Instruments of Service on other projects or for additions to the Project outside the scope of the Work without the specific written consent of the Owner, Architect, and the Architect's consultants. § 1.6 Notice § 1.6.1 Except as otherwise provided in Section 1.6.2, where the Contract Documents require one party to notify or give notice to the other party, such notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Agreement. § 1.6.2 Notice of Claims as provided in Section 15.1.3 shall be provided in writing and shall be deemed to have been duly served only if delivered to the designated representative of the party to whom the notice is addressed by certified or registered mail, or by courier providing proof of delivery. § 1.7 Digital Data Use and Transmission The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203TM-2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. MA Document A201e— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 4987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AlA Contract Documents' are 10 registered trademarks and may not he used without permission. This document was produced by ALA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 0711212021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents5 Terms of Service. To report copyright violations, e-mail copyright(aia.org. User Notes: (3139ADA33) Page 156 of 373 Init. I § 1.8 Building Information Models Use and Reliance Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203T"_2013, Building Information Modeling and Digital Data Exhibit, and the requisite MA Document G202TM-2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party's sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 OWNER § 2.1 General § 2.1.1 The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all matters requiring the Owner's approval or authorization. Except as otherwise provided in Section 4.2.1, the Architect does not have such authority. The term "Owner" means the Owner or the Owner's authorized representative. § 2.1.2 The Owner shall furnish to the Contractor, within fifteen days after receipt of a written request, information necessary and relevant for the Contractor to evaluate, give notice of, or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located, usually referred to as the site, and the Owner's interest therein. § 2.2 Evidence of the Owner's Financial Arrangements § 2.2.1 Prior to commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract. The Contractor shall have no obligation to commence the Work until the Owner provides such evidence. If commencement of the Work is delayed under this Section 2.2.1, the Contract Time shall be extended appropriately. § 2.2.2 Following commencement of the Work and upon written request by the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract only if (1) the Owner fails to make payments to the Contractor as the Contract Documents require; (2) the Contractor identifies in writing a reasonable concern regarding the Owner's ability to make payment when due; or (3) a change in the Work materially changes the Contract Sum. If the Owner fails to provide such evidence, as required, within fourteen days of the Contractor's request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner that the Work has stopped. However, if the request is made because a change in the Work materially changes the Contract Sum under (3) above, the Contractor may immediately stop only that portion of the Work affected by the change until reasonable evidence is provided. If the Work is stopped under this Section 2.2.2, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start-up, plus interest as provided in the Contract Documents. § 2.2.3 After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner shall not materially vary such financial arrangements without prior notice to the Contractor. § 2.2.4 Where the Owner has designated information furnished under this Section 2.2 as "confidential," the Contractor shall keep the information confidential and shall not disclose it to any other person. However, the Contractor may disclose "confidential" information, after seven (7) days' notice to the Owner, where disclosure is required by law, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s) order. The Contractor may also disclose "confidential" information to its employees, consultants, sureties, Subcontractors and their employees, Sub -subcontractors, and others who need to know the content of such information solely and exclusively for the Project and who agree to maintain the confidentiality of such information. § 2.3 Information and Services Required of the Owner § 2.3.1 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 3.7.1, the Owner shall secure and pay for necessary approvals, easements, AIA Document A2010-2017. Copyright c0 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 1 t registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07112/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9AD 33, Page 157 of 373 Init. 1 assessments and charges required for construction, use or occupancy of permanent structures or for permanent changes in existing facilities. § 2.3.2 The Owner shall retain an architect lawfully licensed to practice architecture, or an entity lawfully practicing architecture, in the jurisdiction where the Project is located. That person or entity is identified as the Architect in the Agreement and is referred to throughout the Contract Documents as if singular in number. § 2,3,3 If the employment of the Architect terminates, the Owner shall employ a successor to whom the Contractor has no reasonable objection and whose status under the Contract Documents shall be that of the Architect. § 2.3.4 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a legal description of the site. The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 2.3.5 The Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Contractor's performance of the Work with reasonable promptness after receiving the Contractor's written request for such information or services. § 2.3.6 Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor one copy of the Contract Documents for purposes of making reproductions pursuant to Section 1.5.2. § 2.4 Owner's Right to Stop the Work If the Contractor fails to correct Work that is not in accordance with the requirements of the Contract Documents as required by Section 12.2 or repeatedly fails to carry out Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity, except to the extent required by Section 6.1.3. § 2.5 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such default or neglect. Such action by the Owner and amounts charged to the Contractor are both subject to prior approval of the Architect and the Architect may, pursuant to Section 9.5.1, withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner's expenses and compensation for the Architect's additional services made necessary by such default, neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the Architect, or the amounts claimed as costs to the Owner, the Contractor may file a Claim pursuant to Article 15. ARTICLE 3 CONTRACTOR § 3.1 General § 3.1.1 The Contractor is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number. The Contractor shall be lawfully licensed, if required in the jurisdiction where the Project is located. The Contractor shall designate in writing a representative who shall have express authority to bind the Contractor with respect to all matters under this Contract. The term "Contractor" means the Contractor or the Contractor's authorized representative. § 3.1.2 The Contractor shall perform the Work in accordance with the Contract Documents. § 3.1.3 The Contractor shall not be relieved of its obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect's administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor. AIA Document A201e — 2017. Copyright n 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects,' "AIA," the AIA Logo, "A201," and "NA Contract Documents" are 12 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service, To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 158 of 373 Init. § 3.2 Review of Contract Documents and Field Conditions by Contractor § 3.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed, and correlated personal observations with requirements of the Contract Documents. § 3.2.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.4, shall take field measurements of any existing conditions related to that portion of the Work, and shall observe any conditions at the site affecting it, These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional, unless otherwise specifically provided in the Contract Documents. § 3.2.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 3.2.4 If the Contractor believes that additional cost or time is involved because of clarifications or instructions the Architect issues in response to the Contractor's notices or requests for information pursuant to Sections 3.2.2 or 3.2.3, the Contractor shall submit Claims as provided in Article 15. If the Contractor fails to perform the obligations of Sections 3.2.2 or 3.2.3, the Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.7, as would have been avoided if the Contractor had performed such obligations. If the Contractor performs those obligations, the Contractor shall not be liable to the Owner or Architect for damages resulting from errors, inconsistencies or omissions in the Contract Documents, for differences between field measurements or conditions and the Contract Documents, or for nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities. § 3.3 Supervision and Construction Procedures § 3.3.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the Work under the Contract. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences, or procedures, the Contractor shall evaluate the jobsite safety thereof and shall be solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely notice to the Owner and Architect, and shall propose alternative means, methods, techniques, sequences, or procedures. The Architect shall evaluate the proposed alternative solely for conformance with the design intent for the completed construction. Unless the Architect objects to the Contractor's proposed alternative, the Contractor shall perform the Work using its alternative means, methods, techniques, sequences, or procedures. § 3.3.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors. § 3.3.3 The Contractor shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 3.4 Labor and Materials § 3.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. AIA Document A2016 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 13 registered trademarks and may not be used without permission. This document was produced by AlA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3139AD 33 Page 5 of 373 Init. § 3.4.2 Except in the case of minor changes in the Work approved by the Architect in accordance with Section 3.12.8 or ordered by the Architect in accordance with Section 7.4, the Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order or Construction Change Directive. § 3.4.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 3.5 Warranty § 3.5.1 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. § 3.5.2 All material, equipment, or other special warranties required by the Contract Documents shall be issued in the name of the Owner, or shall be transferable to the Owner, and shall commence in accordance with Section 9.8.4. § 3.6 Taxes The Contractor shall pay sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 3.7 Permits, Fees, Notices and Compliance with Laws § 3.7.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as for other permits, fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. § 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 3.7.4 Concealed or Unknown Conditions If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, the Contractor shall promptly provide notice to the Owner and the Architect before conditions are disturbed and in no event later than 14 days after first observance of the conditions. The Architect will promptly investigate such conditions and, if the Architect determines that they differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum or Contract Time, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Architect shall promptly notify the Owner and Contractor, stating the reasons. If either party disputes the Architect's determination or recommendation, that party may submit a Claim as provided in Article 15. AIA Document A2015-2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved, The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 14 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright(gaia.org. User Notes: (3B9ADA33) Page 160 of 373 Init. § 3,7.5 If, in the course of the Work, the Contractor encounters human remains or recognizes the existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the Contractor shall immediately suspend any operations that would affect them and shall notify the Owner and Architect. Upon receipt of such notice, the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations. The Contractor shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features. Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 15. § 3.8 Allowances § 3.8.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for such amounts and by such persons or entities as the Owner may direct, but the Contractor shall not be required to employ persons or entities to whom the Contractor has reasonable objection. § 3.8.2 Unless otherwise provided in the Contract Documents, .1 allowances shall cover the cost to the Contractor of materials and equipment delivered at the site and ail required taxes, less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances; and .3 whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect (1) the difference between actual costs and the allowances under Section 3.8.2.1 and (2) changes in Contractor's costs under Section 3.8.2.2. § 3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. § 3.9 Superintendent § 3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work. The superintendent shall represent the Contractor, and communications given to the superintendent shall be as binding as if given to the Contractor. § 3.9,2 The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the name and qualifications of a proposed superintendent. Within 14 days of receipt of the information, the Architect may notify the Contractor, stating whether the Owner or the Architect (1) has reasonable objection to the proposed superintendent or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. § 3.10 Contractor's Construction and Submittal Schedules § 3.10.1 The Contractor, promptly after being awarded the Contract, shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall contain detail appropriate for the Project, including (1) the date of commencement of the Work, interim schedule milestone dates, and the date of Substantial Completion; (2) an apportionment of the Work by construction activity; and (3) the time required for completion of each portion of the Work. The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents. The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. § 3.10.2 The Contractor, promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule, shall submit a submittal schedule for the Architect's approval. The Architect's approval shall not be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the Contractor's construction schedule, and (2) allow the Architect reasonable time to review submittals. If the Contractor fails to submit a submittal schedule, or fails to provide submittals in accordance with the approved submittal schedule, the AIA Document A2010 — 2017. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects," "ALA," the AIA Logo, "A201," and "AlA Contract Documents" are 15 registered trademarks and may not be used without permission. This document was produced by ALA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is Licensed for one-time use only, and may only be used in accordance with the MA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33 Page 161 of 373 init. 1 Contractor shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of submittals. § 3.10.3 The Contractor shall perform the Work in general accordance with the most recent schedules submitted to the Owner and Architect. § 3.11 Documents and Samples at the Site The Contractor shall make available, at the Project site, the Contract Documents, including Change Orders, Construction Change Directives, and other Modifications, in good order and marked currently to indicate field changes and selections made during construction, and the approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be in electronic form or paper copy, available to the Architect and Owner, and delivered to the Architect for submittal to the Owner upon completion of the Work as a record of the Work as constructed. § 3.12 Shop Drawings, Product Data and Samples § 3.12.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub -subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work. § 3.12.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. § 3.12.3 Samples are physical examples that illustrate materials, equipment, or workmanship, and establish standards by which the Work will be judged. § 3.12.4 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate how the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents for those portions of the Work for which the Contract Documents require submittals. Review by the Architect is subject to the limitations of Section 4.2.7. Informational submittals upon which the Architect is not expected to take responsive action may be so identified in the Contract Documents. Submittals that are not required by the Contract Documents may be returned by the Architect without action. § 3.12.5 The Contractor shall review for compliance with the Contract Documents, approve, and submit to the Architect, Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents, in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner or of Separate Contractors. § 3.12.6 By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them, (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so, and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. § 3.12.7 The Contractor shall perform no portion of the Work for which the Contract Documents require submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the respective submittal has been approved by the Architect. § 3.12.8 The Work shall be in accordance with approved submittals except that the Contractor shall not be relieved of responsibility for deviations from the requirements of the Contract Documents by the Architect's approval of Shop Drawings, Product Data, Samples, or similar submittals, unless the Contractor has specifically notified the Architect of such deviation at the time of submittal and (1) the Architect has given written approval to the specific deviation as a minor change in the Work, or (2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals, by the Architect's approval thereof. AEA Document A2910— 2017, Copyright t5 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents' are 16 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET an 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA33) Page 162 of 373 Init. § 3.12.9 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to revisions other than those requested by the Architect on previous submittals. In the absence of such notice, the Architect's approval of a resubmission shall not apply to such revisions. § 3.12.10 The Contractor shall not be required to provide professional services that constitute the practice of architecture or engineering unless such services are specifically required by the Contract Documents for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. The Contractor shall not be required to provide professional services in violation of applicable law. § 3.12.10.1 If professional design services or certifications by a design professional related to systems, materials, or equipment are specifically required of the Contractor by the Contract Documents, the Owner and the Architect will specify all performance and design criteria that such services must satisfy. The Contractor shall be entitled to rely upon the adequacy and accuracy of the performance and design criteria provided in the Contract Documents. The Contractor shall cause such services or certifications to be provided by an appropriately licensed design professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings, and other submittals prepared by such professional. Shop Drawings, and other submittals related to the Work, designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to the Architect. The Owner and the Architect shall be entitled to rely upon the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals, provided the Owner and Architect have specified to the Contractor the performance and design criteria that such services must satisfy. Pursuant to this Section 3.12.10, the Architect will review and approve or take other appropriate action on submittals only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3,12.10.2 If the Contract Documents require the Contractor's design professional to certify that the Work has been performed in accordance with the design criteria, the Contractor shall furnish such certifications to the Architect at the time and in the form specified by the Architect. § 3.13 Use of Site The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 3.14 Cutting and Patching § 3.14.1 The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise required by the Contract Documents. § 3.14.2 The Contractor shall not damage or endanger a portion of the Work or fully or partially completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise altering such construction, or by excavation. The Contractor shall not cut or otherwise alter construction by the Owner or a Separate Contractor except with written consent of the Owner and of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or otherwise altering the Work. § 3.15 Cleaning Up § 3.15.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials and rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus materials from and about the Project. § 3.15.2 If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so and the Owner shall be entitled to reimbursement from the Contractor. AlA Document A2010— 2017. Copyright cO 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract (Documents" are 17 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 0711212021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AlA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA331 Page 163 of 373 loft. § 3.16 Access to Work The Contractor shall provide the Owner and Architect with access to the Work in preparation and progress wherever located. § 3.17 Royalties, Patents and Copyrights The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for defense or loss when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or other documents prepared by the Owner or Architect. However, if an infringement of a copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be responsible for the loss unless the information is promptly furnished to the Architect. § 3.18 Indemnification § 3.18.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.18. § 3.18.2 In claims against any person or entity indemnified under this Section 3.18 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the indemnification obligation under Section 3.18.1 shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE 4 ARCHITECT § 4.1 General § 4.1.1 The Architect is the person or entity retained by the Owner pursuant to Section 2.3.2 and identified as such in the Agreement. § 4.1.2 Duties, responsibilities, and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified, or extended without written consent of the Owner, Contractor, and Architect. Consent shall not be unreasonably withheld. § 4.2 Administration of the Contract § 4.2,1 The Architect will provide administration of the Contract as described in the Contract Documents and will be an Owner's representative during construction until the date the Architect issues the final Certificate for Payment. The Architect will have authority to act on behalf of the Owner only to the extent provided in the Contract Documents. § 4.2.2 The Architect will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed with the Owner, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine in general if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. § 4.2.3 On the basis of the site visits, the Architect will keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the AIA Document A2010— 2017. Copyright tc] 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects, All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 18 registered trademarks and may not be used without permission. This document was produced by AlA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA33) Page 164 of 373 Init. 1 Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of, and will not be responsible for acts or omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 4.2.4 Communications The Owner and Contractor shall include the Architect in all communications that relate to or affect the Architect's services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect's consultants shall be through the Architect. Communications by and with Subcontractors and suppliers shall be through the Contractor. Communications by and with Separate Contractors shall be through the Owner. The Contract Documents may specify other communication protocols. § 4.2.5 Based on the Architect's evaluations of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 4.2.6 The Architect has authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with Sections 13.4.2 and 13.4.3, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 4.2.7 The Architect will review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data, and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action will be taken in accordance with the submittal schedule approved by the Architect or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review of the Contractor's submittals shall not relieve the Contractor of the obligations under Sections 3.3, 3.5, and 3.12. The Architect's review shall not constitute approval of safety precautions or of any construction means, methods, techniques, sequences, or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 4.2.8 The Architect will prepare Change Orders and Construction Change Directives, and may order minor changes in the Work as provided in Section 7.4. The Architect will investigate and make determinations and recommendations regarding concealed and unknown conditions as provided in Section 3.7.4. § 4.2.9 The Architect will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion pursuant to Section 9.8; receive and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract and assembled by the Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10. § 4.2.10 If the Owner and Architect agree, the Architect will provide one or more Project representatives to assist in carrying out the Architect's responsibilities at the site. The Owner shall notify the Contractor of any change in the duties, responsibilities and limitations of authority of the Project representatives. § 4.2.11 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 4.2.12 Interpretations and decisions of the Architect will be consistent with the intent of, and reasonably inferable from, the Contract Documents and will be in writing or in the form of drawings. When making such interpretations A!A Document A201e 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 19 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes. Page of 373 Init. and decisions, the Architect will endeavor to secure faithful performance by both Owner and Contractor, will not show partiality to either, and will not be liable for results of interpretations or decisions rendered in good faith. § 4.2,13 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 4.2.14 The Architect will review and respond to requests for information about the Contract Documents. The Architect's response to such requests will be made in writing within any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Architect will prepare and issue supplemental Drawings and Specifications in response to the requests for information. ARTICLE 5 SUBCONTRACTORS § 5.1 Definitions § 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. The term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor" does not include a Separate Contractor or the subcontractors of a Separate Contractor. § 5.1.2 A Sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the site. The term "Sub -subcontractor" is referred to throughout the Contract Documents as if singular in number and means a Sub -subcontractor or an authorized representative of the Sub - subcontractor. § 5.2 Award of Subcontracts and Other Contracts for Portions of the Work § 5.2.1 Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after award of the Contract, shall notify the Owner and Architect of the persons or entities proposed for each principal portion of the Work, including those who are to furnish materials or equipment fabricated to a special design. Within 14 days of receipt of the information, the Architect may notify the Contractor whether the Owner or the Architect (1) has reasonable objection to any such proposed person or entity or (2) requires additional time for review. Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. § 5.2.2 The Contractor shall not contract with a proposed person or entity to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 5.2.3 If the Owner or Architect has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner or Architect has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted promptly and responsively in submitting names as required. § 5.2.4 The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected if the Owner or Architect makes reasonable objection to such substitution. § 5.3 Subcontractual Relations By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work that the Contractor, by these Contract Documents, assumes toward the Owner and Architect. Each subcontract agreement shall preserve and protect the rights of the Owner and Architect under the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the benefit of all rights, remedies, and redress against the Contractor that the Contractor, by the Contract Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with Sub -subcontractors. The Contractor shall make available to each proposed Subcontractor, AIA Document A201e— 2017. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AiA," the AIA Logo, "A201," and "AIA Contract Documents" are 20 registered trademarks and may not be used without permission. This document was produced by AtA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07112/2021, Is not far resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33 Page 166 of 373 Init. prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed Sub - subcontractors. § 5.4 Contingent Assignment of Subcontracts § 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that .1 assignment is effective only after termination of the Contract by the Owner for cause pursuant to Section 14.2 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor; and .2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to the Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. § 5.4.2 Upon such assignment, if the Work has been suspended for more than 30 days, the Subcontractor's compensation shall be equitably adjusted for increases in cost resulting from the suspension. § 5.4.3 Upon assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. If the Owner assigns the subcontract to a successor contractor or other entity, the Owner shall nevertheless remain legally responsible for all of the successor contractor's obligations under the subcontract. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 6.1 Owner's Right to Perform Construction and to Award Separate Contracts § 6.1.1 The term "Separate Contractor(s)" shall mean other contractors retained by the Owner under separate agreements. The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and with Separate Contractors retained under Conditions of the Contract substantially similar to those of this Contract, including those provisions of the Conditions of the Contract related to insurance and waiver of subrogation. § 6.1.2 When separate contracts are awarded for different portions of the Project or other construction or operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor who executes each separate Owner -Contractor Agreement. § 6.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces and of each Separate Contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall participate with any Separate Contractors and the Owner in reviewing their construction schedules. The Contractor shall make any revisions to its construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner until subsequently revised. § 6.1.4 Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project with the Owner's own forces or with Separate Contractors, the Owner or its Separate Contractors shall have the same obligations and rights that the Contractor has under the Conditions of the Contract, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11, and 12. § 6.2 Mutual Responsibility § 6.2.1 The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Contract Documents. § 6.2.2 If part of the Contractor's Work depends for proper execution or results upon construction or operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with that portion of the Work, AMA Document A2010— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "PM," the AIA Logo, "A201,' and `AlA Contract Documents' are 21 registered trademarks and may not be used without permission. This document was produced by AlA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33 Page 167of 373 init. promptly notify the Architect of apparent discrepancies or defects in the construction or operations by the Owner or Separate Contractor that would render it unsuitable for proper execution and results of the Contractor's Work. Failure of the Contractor to notify the Architect of apparent discrepancies or defects prior to proceeding with the Work shall constitute an acknowledgment that the Owner's or Separate Contractor's completed or partially completed construction is fit and proper to receive the Contractor's Work. The Contractor shall not be responsible for discrepancies or defects in the construction or operations by the Owner or Separate Contractor that are not apparent. § 6.2.3 The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a Separate Contractor because of the Contractor's delays, improperly timed activities or defective construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs because of a Separate Contractor's delays, improperly timed activities, damage to the Work or defective construction. § 6.2.4 The Contractor shall promptly remedy damage that the Contractor wrongfully causes to completed or partially completed construction or to property of the Owner or Separate Contractor as provided in Section 10.2.5. § 6.2.5 The Owner and each Separate Contractor shall have the same responsibilities for cutting and patching as are described for the Contractor in Section 3.14. § 6.3 Owner's Right to Clean Up If a dispute arises among the Contractor, Separate Contractors, and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish, the Owner may clean up and the Architect will allocate the cost among those responsible. ARTICLE 7 CHANGES IN THE WORK § 7.1 General § 7.1.1 Changes in the Work maybe accomplished after execution of the Contract, and without invalidating the Contract, by Change Order, Construction Change Directive or order for a minor change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. § 7.1.2 A Change Order shall be based upon agreement among the Owner, Contractor, and Architect. A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor. An order for a minor change in the Work may be issued by the Architect alone. § 7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents. The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in the Change Order, Construction Change Directive, or order for a minor change in the Work. § 7.2 Change Orders § 7.2.1 A Change Order is a written instrument prepared by the Architect and signed by the Owner, Contractor, and Architect stating their agreement upon all of the following: . 1 The change in the Work; .2 The amount of the adjustment, if any, in the Contract Sum; and . 3 The extent of the adjustment, if any, in the Contract Time. § 7.3 Construction Change Directives § 7.3.1 A Construction Change Directive is a written order prepared by the Architect and signed by the Owner and Architect, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, the Contract Sum and Contract Time being adjusted accordingly. § 7.3.2 A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order, § 7.3.3 If the Construction Change Directive provides for an adjustment to the Contract Sum, the adjustment shall be based on one of the following methods: AIA Document A201e— 2017. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 22 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ara.org. User Notes: (3B9ADA33) Page 168 of 373 Init. .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Contract Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or .4 As provided in Section 7.3.4. § 7.3.4 If the Contractor does not respond promptly or disagrees with the method for adjustment in the Contract Sum, the Architect shall determine the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change, including, in case of an increase in the Contract Sum, an amount for overhead and profit as set forth in the Agreement, or if no such amount is set forth in the Agreement, a reasonable amount. In such case, and also under Section 7.3.3.3, the Contractor shall keep and present, in such form as the Architect may prescribe, an itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract Documents, costs for the purposes of this Section 7.3.4 shall be limited to the following: .1 Costs of labor, including applicable payroll taxes, fringe benefits required by agreement or custom, workers' compensation insurance, and other employee costs approved by the Architect; .2 Costs of materials, supplies, and equipment, including cost of transportation, whether incorporated or consumed; .3 Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; .4 Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes, directly related to the change; and .5 Costs of supervision and field office personnel directly attributable to the change. § 7.3.5 If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a Claim in accordance with applicable provisions of Article 15. § 7.3.6 Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Architect of the Contractor's agreement or disagreement with the method, if any, provided in the Construction Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time. § 7.3.7 A Construction Change Directive signed by the Contractor indicates the Contractor's agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 7.3.8 The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Architect. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. § 7.3.9 Pending final determination of the total cost of a Construction Change Directive to the Owner, the Contractor may request payment for Work completed under the Construction Change Directive in Applications for Payment. The Architect will make an interim determination for purposes of monthly certification for payment for those costs and certify for payment the amount that the Architect determines, in the Architect's professional judgment, to be reasonably justified. The Architect's interim determination of cost shall adjust the Contract Sum on the same basis as a Change Order, subject to the right of either party to disagree and assert a Claim in accordance with Article 15. § 7.3.10 When the Owner and Contractor agree with a determination made by the Architect concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective immediately and the Architect will prepare a Change Order. Change Orders may be issued for all or any part of a Construction Change Directive. § 7.4 Minor Changes in the Work The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. The Architect's order for minor changes shall be in writing. If the Contractor believes that the proposed minor change in the Work will AIA Document A201e— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 23 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 0711212021, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: 3B9AD Page 169 of 373 Init. affect the Contract Sum or Contract Time, the Contractor shall notify the Architect and shall not proceed to implement the change in the Work. If the Contractor performs the Work set forth in the Architect's order for a minor change without prior notice to the Architect that such change will affect the Contract Sum or Contract Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time. ARTICLE 8 TIME § 8.1 Definitions § 8.1.1 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 8.1.2 The date of commencement of the Work is the date established in the Agreement. § 8.1.3 The date of Substantial Completion is the date certified by the Architect in accordance with Section 9.8. § 8.1.4 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 8.2 Progress and Completion § 8.2.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 8.2,2 The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing, commence the Work prior to the effective date of insurance required to be furnished by the Contractor and Owner. § 8,2.3 The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.3 Delays and Extensions of Time § 8.3.1 If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an act or neglect of the Owner or Architect, of an employee of either, or of a Separate Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, unusual delay in deliveries, unavoidable casualties, adverse weather conditions documented in accordance with Section 15.1.6.2, or other causes beyond the Contractor's control; (4) by delay authorized by the Owner pending mediation and binding dispute resolution; or (5) by other causes that the Contractor asserts, and the Architect determines, justify delay, then the Contract Time shall be extended for such reasonable time as the Architect may determine. § 8.3.2 Claims relating to time shall be made in accordance with applicable provisions of Article 15. § 8.3.3 This Section 8.3 does not preclude recovery of damages for delay by either party under other provisions of the Contract Documents. ARTICLE 9 PAYMENTS AND COMPLETION § 9,1 Contract Sum § 9.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments, is the total amount payable by the Owner to the Contractor for performance of the Work under the Contract Documents. § 9.1.2 If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed so that application of such unit prices to the actual quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted. § 9.2 Schedule of Values Where the Contract is based on a stipulated sum or Guaranteed Maximum Price, the Contractor shall submit a schedule of values to the Architect before the first Application for Payment, allocating the entire Contract Sum to the various portions of the Work. The schedule of values shall be prepared in the form, and supported by the data to substantiate its accuracy, required by the Architect. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. Any changes to the schedule of values shall be submitted to the Architect and supported by such data to substantiate its accuracy as the Architect may require, and AEA Document A201®— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 24 registered trademarks and may not be used without permission. This document was produced by AlA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only he used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ata.org. User Notes: (3B9ADA33) Page 170 of 373 init. unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's subsequent Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment, the Contractor shall submit to the Architect an itemized Application for Payment prepared in accordance with the schedule of values, if required under Section 9.2, for completed portions of the Work. The application shall be notarized, if required, and supported by all data substantiating the Contractor's right to payment that the Owner or Architect require, such as copies of requisitions, and releases and waivers of liens from Subcontractors and suppliers, and shall reflect retainage if provided for in the Contract Documents. § 9,31.1 As provided in Section 7.3.9, such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives, or by interim determinations of the Architect, but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier, unless such Work has been performed by others whom the Contractor intends to pay. § 9.3.2 Unless otherwise provided in the Contract Documents, payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Contractor with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest, and shall include the costs of applicable insurance, storage, and transportation to the site, for such materials and equipment stored off the site. § 9.3.3 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information, and belief, be free and clear of liens, claims, security interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons or entities that provided labor, materials, and equipment relating to the Work. § 9.4 Certificates for Payment § 9.4.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for Payment for such amount as the Architect determines is properly due, and notify the Contractor and Owner of the Architect's reasons for withholding certification in part as provided in Section 9.5.1; or (3) withhold certification of the entire Application for Payment, and notify the Contractor and Owner of the Architect's reason for withholding certification in whole as provided in Section 9.5.1. § 9.4.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluation of the Work and the data in the Application for Payment, that, to the best of the Architect's knowledge, information, and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion, and to specific qualifications expressed by the Architect. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. AIA Document A201®— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 25 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 0711212021, Is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@ala.org. User Notes: Page of 373 init. § 9.5 Decisions to Withhold Certification § 9.5,1 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 9.4.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 9.4.1. If the Contractor and Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 3.3.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims, unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or suppliers for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a Separate Contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 9,5,2 When either party disputes the Architect's decision regarding a Certificate for Payment under Section 9.5.1, in whole or in part, that party may submit a Claim in accordance with Article 15. § 9,5.3 When the reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 9.5,4 If the Architect withholds certification for payment under Section 9.5.1.3, the Owner may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to whom the Contractor failed to make payment for Work properly performed or material or equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall notify the Architect and the Contractor shall reflect such payment on its next Application for Payment. § 9.6 Progress Payments § 9.6.1 After the Architect has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect. § 9.6.2 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment from the Owner, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub -subcontractors in a similar manner, § 9.6.3 The Architect will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Contractor and action taken thereon by the Architect and Owner on account of portions of the Work done by such Subcontractor. § 9.6.4 The Owner has the right to request written evidence from the Contractor that the Contractor has properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for subcontracted Work. If the Contractor fails to furnish such evidence within seven days, the Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have been properly paid. Neither the Owner nor Architect shall have an obligation to pay, or to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be required by law. § 9.6.5 The Contractor's payments to suppliers shall be treated in a manner similar to that provided in Sections 9.6.2, 9.6.3 and 9.6.4. AIA Document A2016 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents' are 26 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the NA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 172 of 373 § 9.6.6 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 9.6.7 Unless the Contractor provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Contractor for Work properly performed by Subcontractors or provided by suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed Work or furnished materials, or both, under contract with the Contractor for which payment was made by the Owner. Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Contractor, create any fiduciary liability or tort liability on the part of the Contractor for breach of trust, or entitle any person or entity to an award of punitive damages against the Contractor for breach of the requirements of this provision. § 9.6.8 Provided the Owner has fulfilled its payment obligations under the Contract Documents, the Contractor shall defend and indemnify the Owner from all loss, liability, damage or expense, including reasonable attorney's fees and litigation expenses, arising out of any lien claim or other claim for payment by any Subcontractor or supplier of any tier. Upon receipt of notice of a lien claim or other claim for payment, the Owner shall notify the Contractor. If approved by the applicable court, when required, the Contractor may substitute a surety bond for the property against which the lien or other claim for payment has been asserted. § 9.7 Failure of Payment If the Architect does not issue a Certificate for Payment, through no fault of the Contractor, within seven days after receipt of the Contractor's Application for Payment, or if the Owner does not pay the Contractor within seven days after the date established in the Contract Documents, the amount certified by the Architect or awarded by binding dispute resolution, then the Contractor may, upon seven additional days' notice to the Owner and Architect, stop the Work until payment of the amount owing has been received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable costs of shutdown, delay and start- up, plus interest as provided for in the Contract Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. § 9.8.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 9.8.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. If the Architect's inspection discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct such item upon notification by the Architect. In such case, the Contractor shall then submit a request for another inspection by the Architect to determine Substantial Completion. § 9.8.4 When the Work or designated portion thereof is substantially complete, the Architect will prepare a Certificate of Substantial Completion that shall establish the date of Substantial Completion; establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.5 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in the Certificate. Upon such acceptance, and consent of surety if any, the Owner shall make payment of retainage applying to the Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. Init. AIA Document A201®— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. AU rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 27 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07112/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: 3B9AD Page irs3 of 373 fnit. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a list to the Architect as provided under Section 9.8.2. Consent of the Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Contractor or, if no agreement is reached, by decision of the Architect. § 9.9.2 Immediately prior to such partial occupancy or use, the Owner, Contractor, and Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Contractor's notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection. When the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions listed in Section 9.10.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Contractor submits to the Architect (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied, (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect, (3) a written statement that the Contractor knows of no reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of surety, if any, to final payment, (5) documentation of any special warranties, such as manufacturers' warranties or specific Subcontractor warranties, and (6) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts and releases and waivers of liens, claims, security interests, or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Contractor may furnish a bond satisfactory to the Owner to indemnify the Owner against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security interest, or encumbrance, including all costs and reasonable attorneys' fees. § 9.10.3 If, after Substantial Completion of the Work, final completion thereof is materially delayed through no fault of the Contractor or by issuance of Change Orders affecting final completion, and the Architect so confirms, the Owner shall, upon application by the Contractor and certification by the Architect, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed, corrected, and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of the surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect prior to certification of such payment. Such payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. AIA Document A2010-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "NA Contract Documents" are 28 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 0711212021, Is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents° Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 174 of 373 Init. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens, Claims, security interests, or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; .3 terms of special warranties required by the Contract Documents; or .4 audits performed by the Owner, if permitted by the Contract Documents, after final payment. § 9.10.5 Acceptance of final payment by the Contractor, a Subcontractor, or a supplier, shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to .1 employees on the Work and other persons who may be affected thereby; . 2 the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of the Contractor, a Subcontractor, or a Sub -subcontractor; and . 3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. § 10.2.2 The Contractor shall comply with, and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety of persons or property or their protection from damage, injury, or loss. § 10.2.3 The Contractor shall implement, erect, and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards; promulgating safety regulations; and notifying the owners and users of adjacent sites and utilities of the safeguards. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment, or unusual methods are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub -subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Sections 10.2.1.2 and 10.2.1.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the extent such damage or loss is attributable to acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them maybe liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. § 10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. § 10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. AIA Document A201®— 2017. Copyright d 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. Ail rights reserved, The 'American Institute of Architects," "AIA,' the AIA Logo, "A201," and "AIA Contract Documents" are 29 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8119132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used In accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: P Vg°4I3t}5 of 373 Init. § 10.2.8 Injury or Damage to Person or Property If either party suffers injury or damage to person or property because of an act or omission of the other party, or of others for whose acts such party is legally responsible, notice of the injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials and Substances § 10.3.1 The Contractor is responsible for compliance with any requirements included in the Contract Documents regarding hazardous materials or substances. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and notify the Owner and Architect of the condition. § 10.3.2 Upon receipt of the Contractor's notice, the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Contractor and, in the event such material or substance is found to be present, to cause it to be rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall furnish in writing to the Contractor and Architect the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of the material or substance or who are to perform the task of removal or safe containment of the material or substance. The Contractor and the Architect will promptly reply to the Owner in writing stating whether or not either has reasonable objection to the persons or entities proposed by the Owner. If either the Contractor or Architect has an objection to a person or entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the Architect have no reasonable objection. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Contractor's reasonable additional costs of shutdown, delay, and start-up. § 10.3.3 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless, provided that such claim, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss, or expense is due to the fault or negligence of the party seeking indemnity. § 10.3.4 The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances the Contractor brings to the site unless such materials or substances are required by the Contract Documents. The Owner shall be responsible for hazardous materials or substances required by the Contract Documents, except to the extent of the Contractor's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Contractor shall reimburse the Owner for the cost and expense the Owner incurs (1) for remediation of hazardous materials or substances the Contractor brings to the site and negligently handles, or (2) where the Contractor fails to perform its obligations under Section 10.3.1, except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall reimburse the Contractor for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined as provided in Article 15 and Article 7. AIA Document A201e 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 30 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07112/2021, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA33) Page 176 of 373 Init. ARTICLE 11 INSURANCE AND BONDS § 11,1 Contractor's Insurance and Bonds § 11.1.1 The Contractor shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Contractor shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. The Owner, Architect, and Architect's consultants shall be named as additional insureds under the Contractor's commercial general liability policy or as otherwise described in the Contract Documents. § 11.1.2 The Contractor shall provide surety bonds of the types, for such penal sums, and subject to such terms and conditions as required by the Contract Documents. The Contractor shall purchase and maintain the required bonds from a company or companies lawfully authorized to issue surety bonds in the jurisdiction where the Project is located. § 11.1.3 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall authorize a copy to be furnished. § 11.1.4 Notice of Cancellation or Expiration of Contractor's Required Insurance. Within three (3) business days of the date the Contractor becomes aware of an impending or actual cancellation or expiration of any insurance required by the Contract Documents, the Contractor shall provide notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by the Contractor. The furnishing of notice by the Contractor shall not relieve the Contractor of any contractual obligation to provide any required coverage. § 11,2 Owner's Insurance § 11.2.1 The Owner shall purchase and maintain insurance of the types and limits of liability, containing the endorsements, and subject to the terms and conditions, as described in the Agreement or elsewhere in the Contract Documents. The Owner shall purchase and maintain the required insurance from an insurance company or insurance companies lawfully authorized to issue insurance in the jurisdiction where the Project is located. § 11.2.2 Failure to Purchase Required Property Insurance. If the Owner fails to purchase and maintain the required property insurance, with all of the coverages and in the amounts described in the Agreement or elsewhere in the Contract Documents, the Owner shall inform the Contractor in writing prior to commencement of the Work. Upon receipt of notice from the Owner, the Contractor may delay commencement of the Work and may obtain insurance that will protect the interests of the Contractor, Subcontractors, and Sub -Subcontractors in the Work. When the failure to provide coverage has been cured or resolved, the Contract Sum and Contract Time shall be equitably adjusted. In the event the Owner fails to procure coverage, the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent the loss to the Owner would have been covered by the insurance to have been procured by the Owner. The cost of the insurance shall be charged to the Owner by a Change Order. If the Owner does not provide written notice, and the Contractor is damaged by the failure or neglect of the Owner to purchase or maintain the required insurance, the Owner shall reimburse the Contractor for all reasonable costs and damages attributable thereto. § 11.2.3 Notice of Cancellation or Expiration of Owner's Required Property Insurance. Within three (3) business days of the date the Owner becomes aware of an impending or actual cancellation or expiration of any property insurance required by the Contract Documents, the Owner shall provide notice to the Contractor of such impending or actual cancellation or expiration. Unless the lapse in coverage arises from an act or omission of the Contractor: (1) the Contractor, upon receipt of notice from the Owner, shall have the right to stop the Work until the lapse in coverage has been cured by the procurement of replacement coverage by either the Owner or the Contractor; (2) the Contract Time and Contract Sum shall be equitably adjusted; and (3) the Owner waives all rights against the Contractor, Subcontractors, and Sub -subcontractors to the extent any loss to the Owner would have been covered by the insurance had it not expired or been cancelled. If the Contractor purchases replacement coverage, the cost of the insurance shall be charged to the Owner by an appropriate Change Order. The furnishing of notice by the Owner shall not relieve the Owner of any contractual obligation to provide required insurance. AIA Document A2010— 2017. Copyright O 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 31 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3139ADA33 Page 177 of 373 Init. § 11.3 Waivers of Subrogation § 11,3.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents, and employees, each of the other; (2) the Architect and Architect's consultants; and (3) Separate Contractors, if any, and any of their subcontractors, sub -subcontractors, agents, and employees, for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by the Agreement or other property insurance applicable to the Project, except such rights as they have to proceeds of such insurance. The Owner or Contractor, as appropriate, shall require similar written waivers in favor of the individuals and entities identified above from the Architect, Architect's consultants, Separate Contractors, subcontractors, and sub -subcontractors. The policies of insurance purchased and maintained by each person or entity agreeing to waive claims pursuant to this section 11.3.1 shall not prohibit this waiver of subrogation. This waiver of subrogation shall be effective as to a person or entity (1) even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, (2) even though that person or entity did not pay the insurance premium directly or indirectly, or (3) whether or not the person or entity had an insurable interest in the damaged property. § 11.3,2 If during the Project construction period the Owner insures properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Project, or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period, to the extent permissible by such policies, the Owner waives all rights in accordance with the terms of Section 11.3.1 for damages caused by fire or other causes of loss covered by this separate property insurance. § 11.4 Loss of Use, Business Interruption, and Delay in Completion Insurance The Owner, at the Owner's option, may purchase and maintain insurance that will protect the Owner against loss of use of the Owner's property, or the inability to conduct normal operations, due to fire or other causes of loss. The Owner waives all rights of action against the Contractor and Architect for loss of use of the Owner's property, due to fire or other hazards however caused. §11.5 Adjustment and Settlement of Insured Loss § 11.5.1 A loss insured under the property insurance required by the Agreement shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause and of Section 11.5.2. The Owner shall pay the Architect and Contractor their just shares of insurance proceeds received by the Owner, and by appropriate agreements the Architect and Contractor shall make payments to their consultants and Subcontractors in similar manner. § 11.5.2 Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor shall have 14 days from receipt of notice to object to the proposed settlement or allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall deposit the insurance proceeds in a separate account and make the appropriate distributions. Thereafter, if no other agreement is made or the Owner does not terminate the Contract for convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15. Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the reconstruction of the damaged or destroyed Work. ARTICLE 12 UNCOVERING AND CORRECTION OF WORK § 12.1 Uncovering of Work § 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed in the Contract Documents, it must, if requested in writing by the Architect, be uncovered for the Architect's examination and be replaced at the Contractor's expense without change in the Contract Time. § 12.1.2 If a portion of the Work has been covered that the Architect has not specifically requested to examine prior to its being covered, the Architect may request to see such Work and it shall be uncovered by the Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an equitable adjustment to AIA Document A201®-2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 32 registered trademarks and may cot be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 178 of 373 Init. the Contract Sum and Contract Time as may be appropriate. If such Work is not in accordance with the Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the Contractor's expense. § 12.2 Correction of Work § 12.2.1 Before Substantial Completion The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, discovered before Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. § 12.2.2 After Substantial Completion § 12,2.2.1 In addition to the Contractor's obligations under Section 3.5, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1, or by terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner or Architect, the Owner may correct it in accordance with Section 2.5. § 12.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 12.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Section 12.2. § 12.2.3 The Contractor shall remove from the site portions of the Work that are not in accordance with the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by the Owner. § 12.2.4 The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or Separate Contractors, whether completed or partially completed, caused by the Contractor's correction or removal of Work that is not in accordance with the requirements of the Contract Documents. § 12.2.5 Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with respect to other obligations the Contractor has under the Contract Documents. Establishment of the one-year period for correction of Work as described in Section 12.2.2 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents maybe sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. § 12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS § 13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located, excluding that jurisdiction's choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 15.4. AIA Document A2016 — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 33 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, Is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 179 of 373 § 13.2 Successors and Assigns § 13.2.1 The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to covenants, agreements, and obligations contained in the Contract Documents. Except as provided in Section 13.2.2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract. § 13.2.2 The Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project, if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate the assignment. § 13.3 Rights and Remedies § 13.3.1 Duties and obligations imposed by the Contract Documents and rights and remedies available thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. § 13.3.2 No action or failure to act by the Owner, Architect, or Contractor shall constitute a waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder, except as may be specifically agreed upon in writing. § 13.4 Tests and Inspections § 13.4.1 Tests, inspections, and approvals of portions of the Work shall be made as required by the Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or lawful orders of public authorities. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections, or approvals that do not become requirements until after bids are received or negotiations concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where building codes or applicable laws or regulations so require. § 13.4.2 If the Architect, Owner, or public authorities having jurisdiction determine that portions of the Work require additional testing, inspection, or approval not included under Section 13.4,1, the Architect will, upon written authorization from the Owner, instruct the Contractor to make arrangements for such additional testing, inspection, or approval, by an entity acceptable to the Owner, and the Contractor shall give timely notice to the Architect of when and where tests and inspections are to be made so that the Architect may be present for such procedures. Such costs, except as provided in Section 13.4.3, shall be at the Owner's expense. § 13.4.3 If procedures for testing, inspection, or approval under Sections 13.4.1 and 13.4.2 reveal failure of the portions of the Work to comply with requirements established by the Contract Documents, all costs made necessary by such failure, including those of repeated procedures and compensation for the Architect's services and expenses, shall be at the Contractor's expense. § 13.4.4 Required certificates of testing, inspection, or approval shall, unless otherwise required by the Contract Documents, be secured by the Contractor and promptly delivered to the Architect. § 13.4.5 If the Architect is to observe tests, inspections, or approvals required by the Contract Documents, the Architect will do so promptly and, where practicable, at the normal place of testing. § 13.4.6 Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. § 13.5 Interest Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate the parties agree upon in writing or, in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. AIA Document A201®— 2017. Copyright 01911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AlA Logo, "A201," and "AIA Contract Documents" are 34 registered trademarks and may not be used witheut permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 180 of 373 Init. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT § 14.1 Termination by the Contractor § 14.1.1 The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government, such as a declaration of national emergency, that requires all Work to be stopped; .3 Because the Architect has not issued a Certificate for Payment and has not notified the Contractor of the reason for withholding certification as provided in Section 9.4.1, or because the Owner has not made payment on a Certificate for Payment within the time stated in the Contract Documents; or .4 The Owner has failed to furnish to the Contractor reasonable evidence as required by Section 2.2. § 14.1.2 The Contractor may terminate the Contract if, through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, their agents or employees, or any other persons or entities performing portions of the Work, repeated suspensions, delays, or interruptions of the entire Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365-day period, whichever is less. § 14.1.3 If one of the reasons described in Section 14.1.1 or 14.1.2 exists, the Contractor may, upon seven days' notice to the Owner and Architect, terminate the Contract and recover from the Owner payment for Work executed, as well as reasonable overhead and profit on Work not executed, and costs incurred by reason of such termination. § 14.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor, a Subcontractor, a Sub -subcontractor, or their agents or employees or any other persons or entities performing portions of the Work because the Owner has repeatedly failed to fulfill the Owner's obligations under the Contract Documents with respect to matters important to the progress of the Work, the Contractor may, upon seven additional days' notice to the Owner and the Architect, terminate the Contract and recover from the Owner as provided in Section 14.1.3. § 14.2 Termination by the Owner for Cause § 14.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors or suppliers in accordance with the respective agreements between the Contractor and the Subcontractors or suppliers; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 14.2.2 When any of the reasons described in Section 14.2.1 exist, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Contractor and the Contractor's surety, if any, seven days' notice, terminate employment of the Contractor and may, subject to any prior rights of the surety: .1 Exclude the Contractor from the site and take possession of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor; .2 Accept assignment of subcontracts pursuant to Section 5.4; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient. Upon written request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 14.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 14.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 14.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation for the Architect's services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, AIA Document A2010— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents" area registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, Is licensed for one-time use only, and may only be used in accordance with the AR Contract Documents® Terms of Service. To report copyright violations, a -mall copyright@aia.org, User Notes: {3S9Ab1}1 Page of 373 init. the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Initial Decision Maker, upon application, and this obligation for payment shall survive termination of the Contract. § 14.3 Suspension by the Owner for Convenience § 14.3.1 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work, in whole or in part for such period of time as the Owner may determine. § 14.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension, delay, or interruption under Section 14.3.1. Adjustment of the Contract Sum shall include profit. No adjustment shall be made to the extent .1 that performance is, was, or would have been, so suspended, delayed, or interrupted, by another cause for which the Contractor is responsible; or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 14.4 Termination by the Owner for Convenience § 14.4,1 The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. § 14.4,2 Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary, or that the Owner may direct, for the protection and preservation of the Work; and ,3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. § 14.4.3 In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; and the termination fee, if any, set forth in the Agreement. ARTICLE 15 CLAIMS AND DISPUTES § 15.1 Claims § 15.1.1 Definition A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of money, a change in the Contract Time, or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Owner and Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims shall rest with the party making the Claim. This Section 15.1.1 does not require the Owner to file a Claim in order to impose liquidated damages in accordance with the Contract Documents. § 15.1.2 Time Limits on Claims The Owner and Contractor shall commence all Claims and causes of action against the other and arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise, in accordance with the requirements of the binding dispute resolution method selected in the Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all Claims and causes of action not commenced in accordance with this Section 15.1.2. § 15.1.3 Notice of Claims § 15.1.3.1 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered prior to expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party and to the Initial Decision Maker with a copy sent to the Architect, if the Architect is not serving as the Initial Decision Maker. Claims by either party under this Section 15.1.3.1 shall be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim, whichever is later. AMA Document A201®— 2017, Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The 'American Institute of Architects." "AIA," the AIA Logo, "A201," and "AIA Contract Documents" are 36 registered Trademarks and may not be used without permission. This document was produced by AlA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA33) Page 182 of 373 Init. § 15.1.3.2 Claims by either the Owner or Contractor, where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2, shall be initiated by notice to the other party. In such event, no decision by the Initial Decision Maker is required. § 15.1.4 Continuing Contract Performance § 15.1.4.1 Pending final resolution of a Claim, except as otherwise agreed in writing or as provided in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Contract Documents. § 15.1.4.2 The Contract Sum and Contract Time shall be adjusted in accordance with the Initial Decision Maker's decision, subject to the right of either party to proceed in accordance with this Article 15. The Architect will issue Certificates for Payment in accordance with the decision of the Initial Decision Maker. § 15.1.5 Claims for Additional Cost If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided in Section 15.1.3 shall be given before proceeding to execute the portion of the Work that is the subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 15.1.6 Claims for Additional Time § 15.1.6.1 If the Contractor wishes to make a Claim for an increase in the Contract Time, notice as provided in Section 15.1.3 shall be given. The Contractor's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay, only one Claim is necessary. § 15.1.6.2 If adverse weather conditions are the basis for a Claim for additional time, such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction. § 15.1.7 Waiver of Claims for Consequential Damages The Contractor and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit, except anticipated profit arising directly from the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 14. Nothing contained in this Section 15.1.7 shall be deemed to preclude assessment of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. § 15.2 Initial Decision § 15.2.1 Claims, excluding those where the condition giving rise to the Claim is first discovered after expiration of the period for correction of the Work set forth in Section 12.2.2 or arising under Sections 10.3, 10.4, and 11.5, shall be referred to the Initial Decision Maker for initial decision. The Architect will serve as the Initial Decision Maker, unless otherwise indicated in the Agreement. Except for those Claims excluded by this Section 15.2.1, an initial decision shall be required as a condition precedent to mediation of any Claim. If an initial decision has not been rendered within 30 days after the Claim has been referred to the Initial Decision Maker, the party asserting the Claim may demand mediation and binding dispute resolution without a decision having been rendered. Unless the Initial Decision Maker and all affected parties agree, the Initial Decision Maker will not decide disputes between the Contractor and persons or entities other than the Owner. § 15.2.2 The Initial Decision Maker will review Claims and within ten days of the receipt of a Claim take one or more of the following actions: (1) request additional supporting data from the claimant or a response with supporting data from the other party, (2) reject the Claim in whole or in part, (3) approve the Claim, (4) suggest a compromise, or (5) advise the parties that the Initial Decision Maker is unable to resolve the Claim if the Initial Decision Maker lacks sufficient information to evaluate the merits of the Claim or if the Initial Decision Maker concludes that, in the AIA Document A201e — 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AiA," the AlA Logo, "A201," and "AIA Contract tJocuments' are 37 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (389ADA33) Page 183 of 373 Init. Initial Decision Maker's sole discretion, it would be inappropriate for the Initial Decision Maker to resolve the Claim. § 15.2.3 In evaluating Claims, the Initial Decision Maker may, but shall not be obligated to, consult with or seek information from either party or from persons with special knowledge or expertise who may assist the Initial Decision Maker in rendering a decision. The Initial Decision Maker may request the Owner to authorize retention of such persons at the Owner's expense. § 15.2.4 If the Initial Decision Maker requests a party to provide a response to a Claim or to furnish additional supporting data, such party shall respond, within ten days after receipt of the request, and shall either (1) provide a response on the requested supporting data, (2) advise the Initial Decision Maker when the response or supporting data will be furnished, or (3) advise the Initial Decision Maker that no supporting data will be furnished. Upon receipt of the response or supporting data, if any, the Initial Decision Maker will either reject or approve the Claim in whole or in part. § 15.2.5 The Initial Decision Maker will render an initial decision approving or rejecting the Claim, or indicating that the Initial Decision Maker is unable to resolve the Claim. This initial decision shall (1) be in writing; (2) state the reasons therefor; and (3) notify the parties and the Architect, if the Architect is not serving as the Initial Decision Maker, of any change in the Contract Sum or Contract Time or both. The initial decision shall be final and binding on the parties but subject to mediation and, if the parties fail to resolve their dispute through mediation, to binding dispute resolution. § 15.2.6 Either party may file for mediation of an initial decision at any time, subject to the terms of Section 15.2.6.1. § 15.2.6.1 Either party may, within 30 days from the date of receipt of an initial decision, demand in writing that the other party file for mediation. If such a demand is made and the party receiving the demand fails to file for mediation within 30 days after receipt thereof, then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 15.2.7 In the event of a Claim against the Contractor, the Owner may, but is not obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request the surety's assistance in resolving the controversy. § 15.2.8 If a Claim relates to or is the subject of a mechanic's lien, the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 15.3 Mediation § 15.3.1 Claims, disputes, or other matters in controversy arising out of or related to the Contract, except those waived as provided for in Sections 9.10.4, 9.10.5, and 15.1.7, shall be subject to mediation as a condition precedent to binding dispute resolution. § 15.3.2 The parties shall endeavor to resolve their Claims by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section 15.3.2, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 15.3.3 Either party may, within 30 days from the date that mediation has been concluded without resolution of the dispute or 60 days after mediation has been demanded without resolution of the dispute, demand in writing that the other party file for binding dispute resolution. If such a demand is made and the party receiving the demand fails to file for binding dispute resolution within 60 days after receipt thereof, then both parties waive their rights to binding dispute resolution proceedings with respect to the initial decision. AIA Document A2010— 2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1981, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and "AIA Contract Documents' are 38 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/12/2021, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documentse Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 184 of 373 Init. § 15.3.4 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 15,4 Arbitration § 15.4.1 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any Claim subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of the Agreement. The Arbitration shall be conducted in the place where the Project is located, unless another location is mutually agreed upon. A demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all Claims then known to that party on which arbitration is permitted to be demanded. § 15.4.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the Claim would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the Claim. § 15.4.2 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 15.4.3 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement, shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 15.4.4 Consolidation or Joinder § 15.4.4.1 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation, (2) the arbitrations to be consolidated substantially involve common questions of law or fact, and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 15.4.4.2 Subject to the rules of the American Arbitration Association or other applicable arbitration rules, either party may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 15.4.4.3 The Owner and Contractor grant to any person or entity made a party to an arbitration conducted under this Section 15.4, whether by joinder or consolidation, the same rights of joinder and consolidation as those of the Owner and Contractor under this Agreement. AIA Document A2010-2017. Copyright © 1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American institute of Architects. All rights reserved, The "American Institute of Architects,' "AIA," the AIA Logo, "A201,' and "AIA Contract Documents" are 39 registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 CT on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, Is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: t3B9ADA33 Page 185 of 373 Additions and Deletions Report for AIA® Document A201t — 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AlA software at 12:24:41 ET on 0713012020. PAGE 1 Public Works Truck Wash Area Improvements for the City of Waterloo, Iowa. City of Waterloo 715 Mulberry Street Waterloo, IA 50703 I & S Group, Inc. (ISO) 314 East 4th Street Waterloo, IA 50703 Additions and Deletions Report for AIA Document A201® — 2017. Copyright ©1911, 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1966, 1970, 1976, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The "American Institute of Architects," "AIA," the AIA Logo, "A201," and 1 "AIA Contract Documents" are registered trademarks and may not be used without permission. This document was produced by AIA software at 12:24:41 ET on 07/30/2020 under Order No.8114132283 which expires on 07/1212021, Is not for resale, is licensed for one-time use only, and may only be used In accordance with the AlA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (3B9ADA33) Page 186 of 373 CITY OF WATERLOO Council Communication Resolution approving preliminary specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and resetting public hearing as September 8, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Lobby Renovation Project, and instruct City Clerk to publish said notice. City Council Meeting: 8/17/2020 Prepared: 8/13/2020 ATTACHMENTS: Description Type D NTB Backup Material SUBJECT: Submitted by: Resolution approving preliminary specifications, form of contract, etc., resetting date of bid opening as August 27, 2020 and resetting public hearing as September 8, 2020, in conjunction with the 5 Sullivan Brothers Convention Center Addition and Lobby Renovation Project, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: Plans are available in the Clerk's office for review. Expenditure Required: $4,400,000 Source of Funds: G.O. Bonds - 5 Sullivan Brothers Convention Center Page 187 of 373 SECTION 00 1113 NOTICE OF PUBLIC LETTING NOTICE OF BID LETTING FOR THE CONSTRUCTION OF THE FIVE SULLIVAN BROTHERS CONVENTION CENTER ADDITION AND RENOVATION FOR THE CITY OF WATERLOO, IOWA, AND THE TAKING OF BIDS FOR SUCH CONSTRUCTION. Notice is hereby given that the City Council of Waterloo, Iowa, will receive bids at the office of the City Clerk in said City until the 27th day of August 2020 at 1:00 p.m., for the construction of the Five Sullivan Brothers Convention Center Addition and Renovation for the City of Waterloo, Iowa in and for said City. All bids shall be submitted to the City Clerk's Office at 715 Mulberry Street. Bids will be publicly opened and tabulated on said day and hour and will then be acted on by the City Council at their meeting on the 8th day of September 2020 at 5:30 p.m. for their consideration and action. Project Scope: The project consists of an addition to the two entry's along 4th street which will include additional lobby space and a new elevator adjacent to the existing skywalk. Along with that work, there will be renovation work to the existing lobby which will include new floors, paint and ceilings, along with replacing the escalators with two new sets of stairs. The lower level meeting rooms will also receive an update to finishes and the new window s will be installed between the exhibition hall and the lobby, and related Work indicated in the drawings and specifications. A prebid conference will be held on site on the 28th day of July 2020 at 11:00 a.m., to review building and site conditions. Meet at Five Sullivan Brothers Convention Center, 200 West 4th Street, Waterloo, Iowa, meet in the Lobby. A more detailed description of the kinds and approximate quantities of materials and types of construction for which bids will be received are set forth in the Bidding Documents prepared by ISG, of Waterloo, Iowa, which, together with the proposed form of contract, have heretofore been approved by the City Council, and are now on file for public examination at the office of the City Clerk, and are by this reference made part hereof as though fully set out and incorporated herein. All sealed bids in connection therewith shall be submitted to the City Clerk on or before the time herein set for letting. All proposals shall be made on official proposal forms furnished by the Architect/Engineer and must be enclosed in a separate sealed envelope and plainly identified as to which project it regards and addressed to the City of Waterloo, Iowa. If a bid is to be mailed, the bid envelope shall be sealed in a regular mailing envelope. FAX and E-mail Bids will not be accepted. The Owner reserves the right to reject any or all bids and to waive informalities and to hold and consider the bids for 45 days after the date of the bid opening. The contract will be awarded to the lowest, responsive, responsible bidder. Each proposal shall be accompanied by a bid bond, certified check, cashier's check or certified share draft in a separate sealed envelope, clearly marked "Bid Bond" or Bid Security", in an amount equal to five percent (5%) of the total amount of the proposal. The certified or cashier's check shall be drawn on a bank in Iowa or a bank chartered under the laws of the United States of America or the certified share draft shall be drawn on a credit union in Iowa or chartered under the laws of the United States and payable to the City. Said check or share draft may be cashed, or the bid bond forfeited as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within ten (10) days of issuance of a Notice of Award and post bond satisfactory to the City insuring the faithful fulfillment of the contract and maintenance of said improvements as required by law. The bid bond should be executed by a corporation authorized to contract as a surety in the State of Iowa and must not contain any conditions either in the body or as an endorsement thereon. NPI-I-1 Page 188 of 373 The successful bidder will be required to furnish a corporate surety bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City, and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, the payment for materials used in the project and the maintenance of said improvements in good repair for not less than one (1) year from the time of acceptance of said improvements by the City. Payment of the cost of said project will be made from such cash funds of the City as may be legally used for said purpose at the discretion of the City. The Contractor will be paid ninety-five per cent (95%) of the Architect's/Engineer's estimate of the value of acceptable work completed at the end of the preceding month. Final payment will be made not less than thirty-one (31) days after completion of the work and acceptance by the City, subject to the conditions and in accordance with the provisions of Chapter 573 of the Code of Iowa. No such final payment will be due until the Contractor certifies to the City that the materials, labor, and services involved in the final estimate have been paid for in accordance with the requirements stated in the specifications. The City of Waterloo is exempt from paying Sales and Use Tax and will supply Contractor with an "Iowa Sales Tax Exemption Certificate" and an authorization letter to allow the Contractor to buy equipment and material for the project without paying Sales and Use tax. The work on this project shall commence within ten (10) days after receipt by the contractor of a written notice to proceed, and shall be substantially completed on or before the 13th day of August 2021, subject to any changes in the contract period as provided for in these specifications, and granted by the City Council. The Work on this project shall be finally completed by, and ready for final payment, on or before the 3rd day of September 2021 subject to any changes in the contract period as provided for in these specifications and granted by the City Council. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa. In accordance with Iowa statutes, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. Plans and specifications governing the construction of the proposed improvements have been prepared by the Architect/Engineer. These plans and specifications, and the proceedings of the City Council referring to and defining said improvements, are hereby made a part of this Notice and the proposed contract by reference, and the proposed contract shall be executed to comply therewith. NPH-2 Page 189 of 373 Copies of said plans and specifications and form of contract are now on file in the office of the City Clerk, for examination by bidders. Copies may also be obtained from Rapids Reproductions, by logging on to Rapidsrepro.comfplanroom or calling 1-800-383-1223, upon deposit of one -hundred dollars ($100.00) which shall be refunded if plans and specifications are returned to Rapids Reproductions, Inc. no later than fourteen (14) days following award of project. If the plans and specifications are not returned within the allotted time and in a reusable condition, the deposit shall be forfeited. Please call ahead to make sure that bidding documents are ready to pick up when you arrive. Drawings, specifications, and other Bidding Documents may also be obtained online at www.questcdn.com. If you do not already have a free membership, you may sign up for one to gain access to the documents. The QuestCDN eBidDoc number is 7212921. There is no fee to access a pdf copy of the documents online. Documents are viewable at www.rapidsrepro.com/planroom, www.questcdn.com and www.ISGInc.com free of charge. Any bidder or equipment supplier whose firm or affiliate is listed in the GSA publication "List of Parties Excluded from Federal Procurement and Non -procurement Programs" will be prohibited from the bidding process. Anyone submitting a bid who is listed in this publication will be determined to be a non -responsive bidder in accordance with 40 CFR Part 31, Published upon order of the City of Waterloo, Iowa. CITY OF WATERLOO, IOWA BY Is/ Quentin M. Hart ATTEST: BY Is! Kelley Felchle City Clerk NPH-3 Mayor Page 190 of 373 CITY OF WATERLOO Council Communication Motion to approve Solicitation Registration Application by Mike Mrzlak on behalf of AMVETS Post 31, 706 Colleen Ave., Evansdale, to raise funds for the Veteran's Honor Flight, East High School Jr. ROTC, and West High School Jr. ROTC. City Council Meeting: 8/17/2020 Prepared: 8/5/2020 SUBJECT: Motion to approve Solicitation Registration Application by Mike Mrzlak on behalf of AMVETS Post 31, 706 Colleen Ave., Evansdale, to raise funds for the Veteran's Honor Flight, East High School Jr. ROTC, and West High School Jr. ROTC. Page 191 of 373 CITY OF WATERLOO Council Communication Motion to approve Change Order No. 1, adding $779.74 to the existing project total, to Woodruff Construction, LLC, of Waterloo, Iowa, for the removal of additional Asbestos Containing Building Materials (ACBM's) found in Hangar No. 4 at Waterloo Regional Airport, and authorizing the Mayor to execute said documents. City Council Meeting: 8/17/2020 Prepared: 8/13/2020 ATTACHMENTS: Description Change Order No: 1 for ACBM Removal at Hangar No: 4 - ALO SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material Motion to approve Change Order No. 1, adding $779.74 to the existing project total, to Woodruff Construction, LLC, of Waterloo, Iowa, for the removal of additional Asbestos Containing Building Materials (ACBM's) found in Hangar No. 4 at Waterloo Regional Airport, and authorizing the Mayor to execute said documents. Submitted By: Keith Kaspari, Airport Director Approve the change order as requested by Airport Staff for the removal of additional asbestos found under the carpet in a current office in Hangar 4, by the Environmental Sub -Contractor for an additional phase of interior improvements to this structure. Before any real hard demo work of the interior office areas can begin, the front-end environmental work must be completed. Change Order total (without an additional contractor mobilization fee) is $779.74. With approximately $228.25 remaining in the project budget, this would require the airport staff to commit approximately $551.49 of local funds to complete this work. Project Funds: Iowa DOT Aviation Bureau: $228.25 remaining; and, Airport Local Operating Budget: $551.49 (Acct: 1371 - Buildings and Grounds Maintenance) This request complies with the City of Waterloo's Strategic Plan, as follows, but specifically for this request, shall be: Goal No: 4, and Strategy No: 4.5. (Maintain and develop community services and City facilities that supports Page 192 of 373 quality of place) Alternative: Background Information: Legal Descriptions: There are no alternatives for this request by Staff. This request by Airport Staff continues to provide physical improvements, with this specific request, to continue the environmental cleanup of City / Airport facilities, as we continue to improve physical facilities for future occupancy, and with a final goal of enhance existing airside tenant revenue. Not Applicable for this request by Staff. Page 193 of 373 WOODRUFF CONSTRUCTION, LLC so YEARS 1717 Falls Avenue I Waterloo, IA 50701 Ph: (319) 233-3349 Fax: (319) 233-3389 August 11, 2020 RE: Waterloo Regional Airport — Hangar No. 4 Improvements SUBJ: Potential Change Order#1: Additional Asbestos Removal To whom it may concern, The following is our pricing per Potential Change Order #1 and enclosed clarifications: Cost Breakdown ADD to ref. item 3 (quote attached) DEDUCT to ref. item 7 Mark-up on subs (10%) = $865.00 =-$193.00 = $86.50 Insurance = $6.83 Bond = $14.41 Our total price to perform the changed work is an ADD of $779.74 Sincerely, WOODRUFF CONSTRUCTION, LLC Will McAllister, Project Manager ■■ Page 194 of 373 Proposal Proposal Submitted To; Woodruff Companies Attn: Will McAllister 1717 Falls Avenue Waterloo, IA 50701 Project & Address: Asbestos removal - black floor mastic Waterloo Airport - Hanger #4 - NE Office floor 200 West 4th Street Waterloo, IA 50701 Phone: 319-233-3349 Date: 08/10/2020 Email: willm@woodruff.build AD10ED ENVIRONMENTAL I IM1If..NIF ALI& l EMI f41 INi: V 803 Ricker St Waterloo, IA 50703 Phone: 319-287-4447 Fax: 319-287-4449 WE HEREBY PROPOSE to furnish all the materials, equipment and perform all labor for the completion of: Removal & disposal of the acm black mastic under carpeting in NE office of Waterloo Airport Hanger #4. PROPOSAL INCLUDES: (1) Daily OSHA required personal & excursion air monitoring State of Iowa requires a ten (10) working day notification by the contractor prior to commencement of work. MISC. ACKNOWLEDGMENTS (initials required on all lines): (1) This price is good if work is completed at the same time as the original project (saves setting up an extra containment) WE PROPOSE to furnish material and labor, complete in accordance with the above specifications for the sum of: Eight Hundred Sixty Five Dollars ($865.00) TERMS: Net 10 days All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to specified practices. Any alteration or deviation from the above specifications involving extra costs will he executed only upon written orders and will become an extra charge above the estimate. Ail agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. We carry general liability insurance and our workers are fully covered by workers compensation insurance. NOTE: This proposal may be withdrawn by us if not accepted within 30 days. Respectfully Submitted, ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC Jay Llewellyn ACCEPTANCE OF PROPOSAL The price, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment(s) will be made as outlined above. Signature: Date: Name & Title(PRINT): Page 195 of 373 Keith Kaspari From: Hughes, David (Des Moines) <David.Hughes@aecom.com> Sent: Thursday, August 13, 2020 8:52 AM To: Keith Kaspari Cc: Schindel, Doug Subject: FW: Waterloo Airport Hangar 4 PCO#1 Attachments: PCO#1 Asbestos Removal.pdf; Asbestos Report Hangar 4.pdf Keith, Attached is the Asbestos report that Woodruff completed for Hangar No. 4 as part of their OSHA requirements. Additional floor tile and black mastic found under the carpet in the manager's office area. They have proposed a Change Order in the amount of $779,74 to complete this additional asbestos removals. The CSVI Grant currently has $228.25 remain, so this Change Order would require $551.49 of local funding to complete. I will give you a call later this morning to discuss. David B. Hughes, P.E. Department Manager 515-323-7919 From: Will McAllister <willm@woodruff.build> Sent: Wednesday, August 12, 2020 4:30 PM To: Hughes, David (Des Moines) <David.Hughes@aecom.com> Subject: [EXTERNAL] Waterloo Airport Hangar 4 PCO#1 David, Attached is the PCO for the additional asbestos removal, along with the asbestos report. There were a few other spots where asbestos was located, but I don't believe those would affect our work. We are mainly concerned with the asbestos under the carpet in the NE office. This was the only location we had Advanced Environmental quote us. Let me know if there are any questions. We would like to be able to remove all at once if possible, so not to incur the extra mobilization fee that Jay has listed out on his quote. He would like to start Monday if possible. Thanks, Will McAllister I Project Manager Intern Woodruff Construction, LLC 319-233-3349 x104 www.woodruff.build This email, including all attachments, is confidential information and belongs to the sender and/or the senders company. This information may be legally privileged. If you are not the intended recipient, you are hereby notified that any distribution, disclosure, copying, or taking of any action regarding the contents of this 1 Page 196 of 373 CITY OF WATERLOO Council Communication Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at the following locations: 301 East 4th Street (CN 22), 323-329 East 4th Street (CN 23), 510-512 Mulberry Street (CN 342), 500 block Sycamore Street (CN 408), 500 block Sycamore Street (CN 409), and 500 block Sycamore Street (CN 410). City Council Meeting: 8/17/2020 Prepared: 8/12/2020 SUBJECT: Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at the following locations: 301 East 4th Street (CN 22), 323-329 East 4th Street (CN 23), 510-512 Mulberry Street (CN 342), 500 block Sycamore Street (CN 408), 500 block Sycamore Street (CN 409), and 500 block Sycamore Street (CN 410). Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Recommended Action: Approve request for extension. Summary Statement: Extension of no later than September 30, 2021 for the FY 2020 Sidewalk Repair Program - Zone 10. JSA Development is currently fmalizing plans for a privately funded, downtown sidewalk beautification and improvements project that would create new spaces for trees. Page 197 of 373 CITY OF WATERLOO Council Communication Motion to approve request of Pendulum Properties, LLC, for an extension to repair sidewalks at 517-521 Lafayette Street (CN 269). City Council Meeting: 8/17/2020 Prepared: 8/12/2020 SUBJECT: Motion to approve request of Pendulum Properties, LLC, for an extension to repair sidewalks at 517-521 Lafayette Street (CN 269). Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Recommended Action: Approve request for extension. Summary Statement: Extension of no later than September 30, 2021 for the FY 2020 Sidewalk Repair Program - Zone 10. JSA Development is currently finalizing plans for a privately funded, downtown sidewalk beautification and improvements project that would create new spaces for trees. Pendulum Properties is partnering with JSA Development to include their property in JSA's project. Page 198 of 373 CITY OF WATERLOO Council Communication Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at 425 Franklin Street (CN 221). City Council Meeting: 8/17/2020 Prepared: 8/12/2020 SUBJECT: Motion to approve request of JSA Development, LLC, for an extension to repair sidewalks at 425 Franklin Street (CN 221). Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Recommended Action: Approve request for extension. Summary Statement: Extension of no later than September 30, 2022 for the FY 2020 Sidewalk Repair Program - Zone 10. JSA Development is currently developing plans for a building rehabilitation project at this address. Page 199 of 373 CITY OF WATERLOO Council Communication Recommendation of appointment of Nicholas Schissel to the position of Downtown Area Maintenance II in the Leisure Services Deparlment, effective August 25, 2020. City Council Meeting: 8/17/2020 Prepared: 8/12/2020 ATTACHMENTS: Description Type ❑ CS List DAM II Backup Material ❑ Personnel Req. DAMII Backup Material D Job Description Maintenance II Backup Material ❑ Requisition Questionnaire Backup Material SUBJECT: Recommendation of appointment of Nicholas Schissel to the position of Downtown Area Maintenance II in the Leisure Services Department,. effective August 25, 2020. Submitted by: Submitted By: Paul Huting, Leisure Services Director Recommended Action: Recommend approval of appointment Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: The Civil Service List for Downtown Area Maintenance II was certified on August 7, 2020. The position is vacant due to a promotion. This appointment will result in a transfer from the appointee's currently held position of Golf Maintenance II and therefore will not result in a net increase in staffing levels or costs for the department until the resulting golf vacancy is filled. No net increase, will actually result in a slight decrease due to lower pay rate of the downtown position. DAMII rates: Annual Salary FYE21: $57,928 Annual Benefits:; $27,892 Downtown Area Maintenance - Leisure Services operating budget This action will help support the City of Waterloo Strategic Plan Strategy 4.5, Maintain facilities that support quality of place. This action will fill a vacancy that has been open since January 2, 2020. The Downtown Maintenance work load continually increases with the completion of additional improvement projects and filling this position is critical to properly maintaining downtown grounds and facilities. Page 200 of 373 CLJ iu,V OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 Fax (319) 291-4569 August 7, 2020 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicant(s), who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Downtown Area Maintenance II for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (August 7, 2020 — August 6, 2021). CERTIFIED LIST Nicholas Schissel Logan Bemus Eric Beck Daniel Lichty Respectfully submitted, °V/ o/a DJ, 0 Date D 5?///0.0o2 CS LIST DOWNTOWN AREA MAINTENANCE II 20 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 201 of 373 PERSONNEL REQUISITION FORM - RECEIVED JAN 24 2020 Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to L., Human Resources. L *****************xxx*xx*x x x xxx x xxx xxx xxxxxxxxxxxxxxxxxx**xxxxxxxxxxxxx xxx xxxxxxxxx Position Title: Downtown Area Maintenance II Department: Leisure Services Reports To: Golf/ Downtown Manager Work Location: Downtown Employment Status: ® Regular Full Time El Temporary Full Time from to ❑ Regular Part Time El Temporary Part Time from to ❑ Regular 7-Month El Intern/Co-op Student from to Type of Position: Civil Service Position: Bargaining Position: Bargaining Group: 177 Non -bargaining Position: ® Yes ® Yes ❑ Yes Recommended Recruitment Sources: ❑ No El Internal Posting Only ❑ No ® Internal Posting and External Advertising ® No ************************************************************************************************* Complete the following if the requisition is to fill a vacancy: El New Position or ® Replacement Position for: Greg Svoboda D.A.M. II (Promoted to Foreman 1/2/20) (Specify name and title of former incumbent) Date incumbent terminated employment: Date of final payout: Anticipated start date: 4/1/20 No. of hours/week: 40 Work schedule: M-F 7:00am-3:30pm Justification of need for position: Backfilling this vacancy is a critical step in addressing the ever increasing demands placed on the Downtown Area Maintenance Crew. Duties of this posisiton will include mowing, trimming, weeding, cleaning, chemical application, snow removal, equipment maintenance, irrigation repair etc. What are the likely consequences if the position is not filled? Downtown Area Maintenance tasks will not be completed. APPROVALS Annual salary requirements: $56,513.60 Hourly Rate: $27.17 Benefits: $27,227.20 (Payroll taxes, pension, health ins.- assuming family) Is position budgeted for this and future FYs? ® Yes El No If no, how will position be funded? Approved subject to the following conditions: Submitting Department Head Chi Financial Officer Date Mayor /1 Date City Clerk/Human Resources Director ce, dove) Date Human Resour ommittee Chairperson Created 8/7/2014 Date Page 202 of 373 DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION DOWNTOWN AREA MAINTENANCE II LEISURE SERVICES $26.17/hr with $1.00/hr increase after 6-month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #177 GENERAL STATEMENT OF DUTIES Performs duties relating to care and maintenance for the landscape and hardscape of the Waterloo River Renaissance area, downtown parks and public places. Under the general direction of the Golf Manager, but often working independently and with minimum supervision, supervises temporary seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. 1. Responsible for daily maintenance operations and productivity of temporary seasonal maintenance employees including receiving and transmitting assignments organizing projects, ensuring job completion and making required reports. 2. Operates and maintains specialized turf equipment and irrigation system. 3. Applies pesticides, insecticides and other chemicals in the care of landscape turf and vegetation. 4. Diagnoses and treats turf insect and disease problems. 5. Adjusts and repairs equipment, operates string trimmers, blower/vacs, and sweepers. 6. Rakes turf, sweeps walks and bike trails, picks up litter and trash. 7. Operates turf maintenance equipment riding or on foot. 8. Performs landscape and hardscape maintenance on uneven ground and while public is present. 9. Works in trenches to perform irrigation system repairs; confined space entry when working in water pits and manholes for irrigation system. 10. Shovels and plows snow; operates sweeper/vacuums and garbage trucks for litter collection. 11. Participates in department preventive maintenance program for vehicles and equipment. 12. Responds to questions from the public concerning downtown area maintenance. 13. Directs the work activities of temporary seasonal and fulltime employees as assigned. 14. Prepares written records and reports. 15. Works independently and with others with minimum supervision. 16. Attends work regularly at the designated place and time. May be assigned to evening and weekend work. 17. Works outdoors in all weather conditions; works near moving vehicles and equipment; operates equipment and tools that cause vibration; exposed to pesticides, insecticides and other chemicals; noise level is often loud. 18. Performs all work duties and activities in accordance with City policies, procedures, and OSHA, City and Leisure Services safety rules and regulations. 19. Performs all other related duties as assigned. Page 203 of 373 REQUIRED KNOWLEDGE & ABILITIES I. Knowledge of and ability to diagnose and treat turf insect and disease problems. 2. Thorough knowledge of the techniques and principles of turf and landscape management and maintenance. 3. Thorough knowledge of installation and maintenance of irrigation systems, including plumbing and electrical work. 4. Knowledge of occupational hazards and safety procedures of turf and landscape maintenance work. 5. Ability to operate turf maintenance equipment such as riding mower, tractor, loader, chemical sprayer and other specialized turf equipment for four to six hours at a time. 6. Ability to instruct, train and supervise temporary seasonal employees. 7. Ability to express ideas orally and in writing. 8. Ability to understand chemical hazard labels and keep chemical application records. 9. Ability to exercise independent judgment in completion of assigned projects. 10. Ability to respond to questions and comments from the public tactfully and politely. 11. Ability to communicate effectively and maintain working relationships with coworkers, supervisors, elected officials and the public. 12. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING Graduation from a two-year horticulture program with minimum three years experience in turf management OR High school graduation/G.E.D. with minimum six years experience in turf and landscape management OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the essential functions of the position. 2. Iowa Class A Commercial Driver's License within 30 days of hire and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the following will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OW1, reckless driving or other major moving violation include habitual violator within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the following: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation including habitual violator within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; three or more at -fault accidents within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. 3, Iowa Pesticide Applicator's License by end of 6- month probation. Failure to obtain and maintain this license may result in disciplinary action up to and including termination of employment. ESSENTIAL PHYSICAL ABILITIES The following physical abilities are required with or without accommodation. f , Sufficient strength and flexibility to perform assigned tasks. 2. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers and the public. 3. Sufficient depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions; sufficient color vision to observe and diagnose turf diseases. Page 204 of 373 4. Sufficient dexterity to safely operate powered and manual tools and equipment. 5. Sufficient hearing to understand verbal instructions, respond to questions from the public and diagnose equipment malfunctions. 6. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, hearing protection, gloves, protective clothing and respirator. 2. 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. 3. 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 and drug test will result in withdrawal of the employment offer. 4. The City of Waterloo reserves the right to conduct a background investigation including driving, employment, education and criminal history checks on any applicant being considered for this position. 5. Must submit to and pass Civil Service examination procedures including a panel interview. WORK SCHEDULE Work schedule is based on an 8-hour day/40 hour week. Actual shift start time and days worked may vary depending on event schedule and season. Half-hour unpaid lunch break. Minimal overtime. EXAMINATION INFORMATION Qualified applicants who apply by the deadline date will be required to appear before an oral examination panel consisting of a minimum of three people who have expertise in the areas being tested. An individual must receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral examination. The top applicants, as ranked by their scores on the oral examination will be the individuals placed on the certified list. 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. ORAL EXAMINATION DATE Qualified applicants who apply by the deadline date will be notified of the time, place and date of the examination. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. DOWNTOWN AREA MAINTENANCE II DESCRIPTION 20 Feb 2020 Page 205 of 373 PERSONNEL REQUISITION Downtown Area Maintenance II The following questions are provided as guidelines to assist you in developing your rational for the position of Downtown Area Maintenance II in the Leisure Services 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? Primary duties include maintenance of all downtown parks, plazas, and other public spaces including the Riverloop Amphitheatre, Marks Park, Arts Mall, Center for the Arts turf and landscaping, Riverloop Expo, and the Cedar Valley Sportsplex grounds. Daily work will include mowing, trimming, weeding, cleaning, chemical application, snow removal, and other tasks tied to sound operational maintenance. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. Numerous labor-intensive River Renaissance properties have come on-line in recent years and heavy usage of these locations requires additional maintenance. Current staff levels are insufficient to adequately maintain these areas. (3) How is the work of this position being accomplished now? Existing facilities are not receiving the frequency of attention they require. Current snow removal work has been a struggle with only two total employees working on the Downtown Area Maintenance Crew. (4) Are the filled positions in your depaitiiient currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? Filling this position will allow the City to be compliant with State requirements dictating that Vision Iowa Projects be adequately maintained. By utilizing full time employment we are able to demand the most highly skilled and qualified workers to accomplish these goals. Page 206 of 373 (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? The cost savings for this position are not up -front. They will be realized in the long term when projects that were completed fifteen or twenty years ago are still in good condition and not in need of costly repair or replacement. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Compensatory and overtime will continue to grow as more and more facilities and properties are added to the Downtown Area Maintenance list of areas to maintain. Filling this position should minimize the need for compensatory or overtime hours. (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Heavily used facilities within the Downtown River Renaissance Area have increased the workload dramatically over recent years. Additional items/areas added include: • Marks Park (Sanitizing Play Surface, Emptying Trash Receptacles, Picking up Litter, Dirty Diapers, Etc) • Amphitheatre Seating Area (Has to be hand mowed, string trimmed, repair irrigation heads next to the trail that are run over by events vehicles, chemical and fertilizer applications to turf, trim and weed native grass beds) • Upper Plaza adjacent to Phelps Youth Pavilion (Power washing grease off of concrete after events, fixing irrigation in planters, weeding native grass and shrub beds.) • Grout Museum District (chemical and fertilizer applications to all turf areas in the summer months) • Riverloop Trail System (Sweeping trails of broken glass, cleaning off debris after high water events- does not need to be flooding to cover trails under bridges, painting over graffiti on floodwalls, snow removal) • Parking lots (Sign and Traffic Department used to complete snow removal, now we do all our own including salt application) • Main Street Waterloo (Has become more and more dependent on our assistance as they take on more beautification initiatives and have less volunteer help. • City Wide Festivals and Events (Downtown Crew does more and more assisting with events setup such as My Waterloo Days, Irish Fest, Cedar Page 207 of 373 (9) Valley Pride Fest, BBQ Loo, Mayors Fun Run, and Center for the Arts outdoor events.) • Cedar Valley Sportsplex (Large facility with lots of additional planters, native grass beds, turf areas, and parking lots requiring sweeping and snow removal) • Jefferson/Commercial Streetscape Project (New corridor beautification initiative will involve more decorative items to maintain). • Newly renovated Lincoln Park (New decorative pavement, bricks, dance chime, and other facilities will increase maintenance needs from pervious years) • Expected Cedar River Marina Facilities (Projected construction of this future project will increase maintenance demands on this crew) 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. The long term affect of not adequately staffing the Downtown Area Maintenance Crew will be deterioration of both new and existing facilities. Examples would include needing to replace decorative vegetation species, replacing park fixtures, and having to pay contractors to perform repairs that should be completed by City staff. Neglected properties tend to collect more litter and graffiti and are generally less utilized by citizens and visitors. Vision Iowa Grant requirements regarding maintaining funded projects will not be met without additional staff (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Most responsibilities must wait until the incumbent is back to work. (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? This position is needed to supplement a crew that is already in place. Due to the immense amount of equipment, knowledge, and training necessary to properly maintain all locations within this district it is not feasible to outsource this position. Facilities that utilize contractors to perform landscaping work such as Five Sullivan Brothers Convention Center have expressed frustration that their properties are not as well maintained as the locations that are cared for by City staff (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 equally as important as every existing position already in our system. This position also has close ties to the tourism industry in Waterloo. Page 208 of 373 Groomed and well -maintained facilities like Riverloop Amphitheatre, Marks Park, Upper Plaza, and Expo Plaza can be utilized to attract new conventions, travelers, and the revenue that comes along with this business. A vibrant downtown district is important for both private retailers and the City of Waterloo. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? Filling this position will help the City provide the best possible leisure activities for our citizens and visitors to our City. The City Council has made improving and maintaining the downtown area a top priority in recent years and has invested many millions of dollars to revitalize downtown Waterloo. Filling this position specifically supports the City of Waterloo Strategic Plan 2017-2022 Strategy 1.2, 1.7, and 4.5. Page 209 of 373 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 8/17/2020 Prepared: ATTACHMENTS: Description Type ❑ Bonds for council approval 8.17.20 Backup Material SUBJECT: Bonds. Page 210 of 373 BONDS FOR COUNCIL APPROVAL August 17, 2020 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA5127300 S464109 KUNTA DAVIS DBA UNDERCUTTERS MCROBERTS CONSTRUCTION WATERLOO, IA CEDAR FALLS, IA Page 211 of 373 CITY OF WATERLOO Council Communication Five Sullivan Brothers Convention Center Addition and Lobby Renovation Project. City Council Meeting: 8/17/2020 Prepared: 8/10/2020 ATTACHMENTS: Description Type D Public Hearing Notice Backup Material SUBJECT: Submitted by: The public hearing is cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning and Development Director Page 212 of 373 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FIVE SULLIVAN BROTHERS CONVENTION CENTER ADDITION AND RENOVATION In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 13th day of August, 2020 until 1:00 p.m. for the construction of the 5 Sullivan Brothers Convention Center Addition and Lobby Renovation Projects as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the Second Floor Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 13th day of August, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above - described improvement project at 5:30 p.m. on the 17th day of August, 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The project consists of an addition to the two entrances along 4th Street, which will include additional lobby space and a new elevator adjacent to the existing skywalk. Along with that work, there will be renovation work to the existing lobby, which will include new floors, paint and ceilings, along with replacing the escalators with two new sets of stairs. The lower level meeting rooms will also receive an update to finishes and the new windows will be installed between the exhibition hall and the lobby, and related work indicated in the drawings and specifications. The City of Waterloo will continue to hold City Council meetings as scheduled, however in response to COVID-19, elected officials and city staff will participate via videoconferencing with elected officials and city staff dialing in to the meeting to participate. The public is invited to speak on public hearing items in the following ways. Call the City Clerk's Office at 319-291-4323 by 4:45 p.m. to obtain conference call information. Alternatively, you may email your comments to comments@waterloo-ia.org and they will be read during the public hearing. Please state the public hearing item on which you wish to speak. Members of the public Page 213 of 373 may also attend the meeting in person but will be strongly encouraged to wear a mask and practice social distancing. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 27th day of July, 2020. Kelley Felchle, City Clerk City of Waterloo, Iowa Page 214 of 373 CITY OF WATERLOO Council Communication Asbestos abatement services at 120 Center Street. City Council Meeting: 8/17/2020 Prepared: SUBJECT: The public hearing is cancelled and will be rescheduled for a later date. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Page 215 of 373 CITY OF WATERLOO Council Communication Asbestos abatement services at 118 Shilliam Avenue, 179 Rebecca Lane, 514 Johnson Street, 100 E. 9th Street, 1004 Fulton Street, 1100 Sycamore Street, 2127 E. 4th Street (Former St. Mary's Church and School), and 1809 Black Hawk Street. City Council Meeting: 8/17/2020 Prepared: SUBJECT: Submitted by: The public hearing is cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning and Development Director Page 216 of 373 CITY OF WATERLOO Council Communication Asbestos survey services at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 East llth Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street City Council Meeting: 8/17/2020 Prepared: SUBJECT: Submitted by: The public hearing is cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning and Development Director Page 217 of 373 CITY OF WATERLOO Council Communication Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 8/17/2020 Prepared: 8/4/2020 ATTACHMENTS: Description Type Consolidated Public Safety Communications 28E Backup Material Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Source of Funds: Background Information: Resolution approving 28E Agreements with Elk Run Heights, Cedar Township, and East Waterloo Township, to provide fire and EMS protection, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Pat Treloar, Fire Chief Approve Waterloo Fire Rescue is requesting approval of attached 28E Agreements. These agreements are for fire and emergency medical response with townships that surround the City of Waterloo. Revenue Line Item: 010-12-1400-3413-Township Protection Waterloo Fire Rescue has been in agreements with these entities to extend the jurisdiction of Waterloo Fire Rescue for fire and ambulance purposes and hazardous materials response by the Northeast Iowa Response Group for many years. The attached agreements will be in effect July 1, 2020 through June 30, 2021. Page 218 of 373 28E AGREEMENT FIRE PROTECTION CONTRACT FISCAL YEAR 2021 (July 1, 2020 to June 30, 2021) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and the city of Elk Run Heights (hereinafter referred to as "Elk Run"). WHEREAS, Waterloo and Elk Run are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, Elk Run has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: City of Elk Run Heights, Iowa THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to Elk Run shall be approximately $34.32 per year, per capita, based on a population of one thousand, one hundred and seventeen (1,117) residents, for a total of $38,335.44 minus $.0.50 per capita for costs assessed by the County for membership in the Northeast Iowa Response Group. $38,335.44 minus $558.50 totals, thirty seven thousand, seven hundred seventy six dollars and ninety-four cents ($37,776.94). This amount is to be paid on a quarterly basis by Elk Run Heights. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the City of Elk Run Heights Recovery Ordinance. 4. The Waterloo fire officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b_ That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Page 219 of 373 Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: a. This Agreement is for a period of one (1) year, from July 1, 2020, through June 30, 2021; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this q`\ day 2020. CITY OF WATERLOO, IOWA CITY OF ELK RUN IG , IOWA By: By: Quentin. Hart, Mayor AI I EST: Kelley Felchle City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY Kristy/undy, Mayor ).4A .41 04,161 QCA) Julie Eastman City Clerk On this day of , 2020 before me, the undersigned .a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 220 of 373 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2021 (July 1, 2020 to June 30, 2021) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and the Board of Trustees of East Waterloo Township (hereinafter referred to as "East Waterloo"). WHEREAS, Waterloo and East Waterloo are public agencies pursuant to Iowa Code 28E.2 (1987), and WHEREAS, East Waterloo has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: All that part of East Waterloo lying outside the City Limits of the City of Waterloo, Iowa, known as East Waterloo Township. THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to East Waterloo shall be two thousand, one hundred and four dollars and twenty one cents ($2,104.21) per year. In addition, there will be a cost of two hundred dollars ($200.00) a call for the first hour or fraction thereof per Engine Company, from the time the engine company leaves its quarters until the engine company returns to its quarters. If more than one hours' time is consumed in responding to the call, the cost shall be One Hundred Dollars ($100.00) per hour or any fraction thereof after the first hour. An engine company shall mean one (1) piece of apparatus and crew. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the County Ordinance. 4_ The Waterloo fire officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions_ 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7_ When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or Page 221 of 373 responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: a. This Agreement is for a period of one (1) year, from July 1, 2020, through June 30, 2021; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection. Dated this day of , 2020. CITY OF WATERLOO, IOWA EAST WATERLOO TOWNSHIP, IOWA By: By: %jjj Quentin Hart, Mayor Peter Natvig, Township Trustee ATTEST: Kelley Felchle, City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY On this day of , 2020, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Mayor Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 222 of 373 28E AGREEMENT FIRE PROTECTION CONTRACT Fiscal Year 2021 (July 1, 2020 to June 30, 2021) The parties to this Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "Waterloo") and Cedar Township. WHEREAS, Waterloo and Cedar Township are public agencies pursuant to Iowa Code 28E2 (1987), and WHEREAS, Cedar Township has petitioned Waterloo, in accordance with Iowa Code 364.16 (1987), to extend the jurisdiction of Waterloo for fire and ambulance purposes (hazardous materials response by the Northeast Iowa Response Group) to include: the territory outside the Waterloo City limits consisting of Balsam Street, Juniper Drive, Oakridge Road and Rose Lane. THEREFORE, for and in the consideration of the mutual covenants and agreements herein contained, the parties agree as follows: or 1. The cost for fire protection to Cedar Township shall be $2,154.15 per year. 2. Ambulance charges will be billed to the party receiving the service based on the current City Ordinance. 3. Northeast Iowa Response Group shall be entitled to reimbursement of all costs for responding to hazardous material incidents under the County Ordinance 4. The Waterloo Fire Officer in charge of equipment shall call or cause to be called additional engine companies if it is believed that additional assistance is needed. 5. Waterloo reserves the right to refuse to answer any call at any time for the following reasons: a. That the necessary fire apparatus or medical units are not available b. That the Waterloo Fire Department is unable to reach the property on fire due to accident or road conditions. 6. Waterloo does not guarantee the successful operation of its equipment or persons at any fire outside the city of Waterloo. Waterloo shall not be liable for any damages that may be caused in refusing to answer any such call or for any damages that may be caused in the operation of equipment or by the personnel accompanying the equipment. 7. When the officers or equipment of Waterloo are engaged in rendering assistance pursuant to this Agreement, they shall be considered to be within their jurisdiction, and Waterloo shall have the same governmental immunity when responding to such calls as when operating within the City of Waterloo. Waterloo fire fighters operating equipment or responding to calls outside the corporate limits of Waterloo shall be entitled to the benefits of Iowa Code, Chapter 410 and 411 (1987), when otherwise qualified. 8. At all times in answering such calls, or in the operation of the equipment, or the direction of the members of the crew, or at any fire outside the city limits of Waterloo, the officer of the Waterloo Fire Department in charge of the equipment and work shall have full control of such equipment and officers. 9. This Agreement is entered into by the parties pursuant to the provisions of Iowa Code Chapter 28E (1987), and as such: Page 223 of 373 a This Agreement is for a period of one (1) year, from July 1, 2020, through June 30, 2021; and b. The parties may revoke this Agreement at any time by giving sixty (60) days' written notice; and c. Does not envision a separate organization or other composition of legal entity of any type and operates under the authority of the laws of the State of Iowa; and d. Is for the purpose of providing fire protection_ Dated this day of , 2020. CITY OF WATERLOO, IOWA CEDAR TOWNSHIP By: By: JCc i i ` G d S Quentin Hart, Mayor AT I "EST: Kelley Felchle City Clerk STATE OF IOWA ss. BLACK HAWK COUNTY Township Clerk On this day of , 2020, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of is City Council, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 224 of 373 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Pro West and Associates, of Walker Minnesota, in the amount of $22,286.27, in conjunction with programming in ArcGis to provide the Engineering Department a digital solution for inspecting, tracking, and project management of the annual sidewalk program, and authorizing the Mayor to execute said document. City Council Meeting: 8/17/2020 Prepared: 8/5/2020 ATTACHMENTS: Description ❑ ProWest_SW agreement SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Type Backup Material Resolution approving a Professional Services Agreement with Pro West and Associates, of Walker Minnesota, in the amount of $22,286.27, in conjunction with programming in ArcGis to provide the Engineering Department a digital solution for inspecting, tracking, and project management of the annual sidewalk program, and authorizing the Mayor to execute said document. Submitted By: Jamie Knutson, PE, City Engineer $22,286.27 GO Bonds Page 225 of 373 PROJECT ESTIMATE PROWEST A S S O C I A T E S GIS CONSULTING C - " L (CATIONS City of Waterloo, IA Sidewalk Inspection Application Date: 7/28/2020 Client: Ben Wagner City of Waterloo, IA 715 Mulberry St Waterloo, IA 50703 PROJECT DESCRIPTION The City of Waterloo has been inspecting the City's sidewalk for many years using paper forms in the field, then entering the content recorded on these forms into the City's tracking spreadsheet and allowing them to run replacement cost calculations and generate cost reports for property owners. The City would like a mobile solution that would allow staff to create inspections digitally and generate the cost sheets and reports from the information collected in the field in a more automated fashion. Pro -West has met with the City to discuss the current workflows and needs and has developed this scope based on the information collected. The sidewalk inspection solution would be made up of several parts. The parts to be developed under this estimate are discussed and defined below. Sidewalk Inspection Solution 1. A web map displaying parcels a. Within the parcel's pop-up menu will be a link to the Sidewalk Inspection Survey 2. Survey 123 configuration for the Sidewalk Inspection 3. Create inspection report using Microsoft's report designer 4. Develop cost spreadsheet report (exported in .csv format) 5. Create property repair assessment cost report using Microsoft's report designer 6. Develop an Esri Web AppBuilder widget to allow a user to generate reports based on a single parcel or multiple parcels. Report generation will also be based on users input date range. 7. Create Web AppBuilder app for use of the widget Web Map A web map will be created with a configured pop-up (from a parcel) to access the sidewalk inspection form. The web map will display the parcel layer. The parcel layer used must have physical property address, tax mail to address, and parcel number (PIN) automatically populated into the survey form. It's important to know 8239 State 371 NW I PO Box 812 I Walker, MN 56484 PH 320.207.6868 I FX 320.207.6869 I www.prowestgis.com I consult@prowestgis.com Page 226 of 373 PROV\P'(7T & Associates The web map will be used within an application that will be accessible by field staff via a mobile device. Inspection status tracking will be initiated within the solution to allow City users a way to know where inspections have been completed, what properties have not required an inspection, and what properties have yet to be visited. Inspection Form The inspection form will be built and opened within Survey 123. The form will be completed by the City user. The same information that is currently entered on the paper form will be added with in the digital form. PWA will set a date for final form edits and if edits are received after this date, additional charges may apply. If a property needs to be re -inspected during the same inspection cycle, the inspector will create a new inspection form and flag the inspection with REVISION. Moving forward the reporting will be generated off the newest inspection record for the property. Inspection information gathered will be stored within City's enterprise geodatabase. See example mock-up below. Existing form: PROPERTY ADDRESS ADAEA Sal rve�er Moo/ EUEasAs See balm. DeHot come Survey123 example: EM DIIDEWAIR REWIRED C Yes ]TRIM VEGETATION REQUIRED ERA LI NA No WIDTH OFSIDEWALI( ❑ 4 Feet ❑ 5 Feet G 5.3 Feet ❑ Oder DEPTH OF SIDEWALK ❑ 4 Inches ❑ 5 Wake ❑ B Inches AREA TO BE REPAIRED 4"- S.F. 5,_S.F. B"- S.F. Class S.F. ADDITIONAL REPAIRS CODE F - PATCHES J Yee ❑ No ND. of Squares with Patches CODED - WATER VALVE ADJURTMENT REM Tea o NOTE'. Arens marked wary en"F' may be repaired NY patching. M other trees shell be repaired by remsstruciion of fell sidewalk panels. PARES DEPARTNIANT REVIEW REQUIRED FIRST INSPECTION AND FORM MADE BY : Dale. Yes QN Dlag•a FORMED POURED COMPLETED • Sidewalks Sidewalk Location Front Yard (; Side Yard ( i Back Yard 0 Other Sidewalk Width 'J 4 feet ; 5 feet 0 5.3 feet Sidewalk Depth 4 inches C, 5 inches 0 6 inches Sidewalk Length ® l of t Inspection Report The inspection report will be built using Microsoft's report designer. This report will be developed to similarly represent the existing City form. This report will be generated in PDF form and available for City users to print when needed. The report will be generated upon user request (see Web AppBuilder widget below). 2 Page 227 of 373 PROWEc7m & Associates Cost Spreadsheet The cost spreadsheet will be automatically generated from the inspection form results. City users will have the ability to update a cost lookup table as annual replacement costs are changed. The output cost spreadsheet will have the same look as the example cost spreadsheet provided. Note: the only major difference will be that the formula used for the total cost calculation will not appear with the output. The calculation occurs in SQL before the output is generated. The cost spreadsheet (.csv) will be generated upon user request (see Web AppBuilder widget below). Property Repair Assessment Cost Report The report will be built using Microsoft's report designer. This report will be developed to similarly represent the existing City assessment pdf (as shown below). This report will be generated as a PDF document and available for City users to print when needed. The report will be generated upon user request (see Esri Web AppBuilder widget below). CITY OF WATERLOO, IOWA SIDEWALK REPAIR PROPOSED ASSESSMENT CONTROL NO. 9E1-1000 PROPOSED ASSESSMENT $ 2459.70 RURT,PERCVJR 1015 MOBILE ST WATERLOO, IA 50703 FOR PROPERTY ADDRESSED: 100 OIL Phllllps SE. FOR PROPERTY DESCRIBED BELOW SH IMAMS FOURTH ADDITION LOT 12 BLK 4 LOT 13 BLK 4 Schedule Report The report will be built using Microsoft's report designer. This report will be developed to similarly represent the existing City Schedule Final pdf (as shown below). This report will be generated as a PDF document and available for City users to print when needed. The report will be generated upon user request (see Esri Web AppBuilder widget below). 3 Page 228 of 373 Esri Web AppBuilder Widget The Esri Web AppBuilder widget will be developed to allow City users to access the inspection forms, property repair cost assessments, and the cost spreadsheet (.csv). The widget will allow users to extract an inspection from and repair assessment by a; single property, multiple properties, or select properties by an inspection date range. The inspection form(s) and repair assessment cost report(s) will be generated as a single multi -page PDF document. This widget will be used in a configured web app to allow City users to access the inspection information. Training and Documentation Pro -West will provide the City documentation on the use of Survey 123 inspection form and documentation on the use of the Esri Web AppBuilder widget that will be developed. Pro -West will also provide up to a 2-hour online training to review the Sidewalk Inspection Solution to all required City staff (staff to be identified by the City). I. Pro -West & Associates Project Manager: Name: Paul Rariamo Phone: 320-207-6855 Email: prairamo@gmail.com Client Project Manager (PM): Name: Ben Wagner Phone: 319-291-4312 Email: ben.wagner@waterloo-ia.org Project Schedule: TBD 4 Page 229 of 373 PROWEST & Associates CLIENT RESPONSIBILITIES 11=1 1. Provide access to parcel data (attributes to include the tax address and PIN). 2. Provide access to the Zone layer 3. Provide access to enterprise geodatabase and SQL server for inspection form development and report generation 4. Provide the cost calculation values to generate cost spreadsheet 5. Provide Schedule calculations to generate schedule final pdf 6. Provide access to the County data currently used in the Cost Est. — Parcel Query spreadsheet 7. Provide property valuation numbers to be used in generating the schedule 8. Provide feedback when asked in a timely matter 9. Provide Pro -West with the City's ArcGIS Online/Portal login information with Admin rights, or provide Pro -West with an account 10. Provide AGO and/or Portal named user licenses for staff as needed, to support the proposed project 11. Provide GPS capabilities to support the project 12. Provide mobile devices to support the project, and configure VPN access, if needed 13. Provide wireless service on mobile devices to support the project 14. Configure the content in the About widget, if using Web AppBuilder *If assistance is needed with client responsibilities, additional costs may apply DELIVERABLES Project Deliverables The City will be receiving: 1. One configured web map for use of initiating the Survey Inspection form 2. One configured Survey123 form 3. Two configured Microsoft designer reports 4. One custom Esri Web AppBuilder widget 5. Documentation on use of Survey form and web app builder widget 6. Two-hour (online) training to review use of survey form and widget with City staff 7. Web AppBuilder app for City staff to access web app builder widget and use 5 Page 230 of 373 PROWEST & Associates Project Completion: The project will be completed when: 1. When Pro -West has provided the online training on use of the Survey123 form and web app builder widget Upon project close, the City will take ownership of the configured Survey123 form, the Microsoft designed reports, and the Web AppBuilder widget. If Pro -West assistance is requested in maintenance of any of the delivered items additional costs will charged at current professional service hourly rates. Post Project Support Pro -West understands that support requests and/or general support inquiries will occur after the project is completed. We welcome those inquiries and look forward to supporting you in the future! Below are common inquiries related to general support requests. 1. If there are issues with the deliverables or if clarification is needed regarding the deliverables, contact the Pro -West Project Manager listed in this scope. 2. If the Pro -West Project Manager is contacted after the project is completed, you may be invoiced for that call or email. The PM will discuss invoicing needs during the call. If you contact anyone other than the Pro -West Project Manager after the project is completed, an invoice will be sent based on current hourly rates. 3. If the Project Manager is contacted after the project is completed, they are not available to respond (e.g. the Project Manager is on vacation or is attending a workshop) and the need is urgent; contact Pro -West's main office number for assistance on 320-207-6868 or follow directions listed on the Project Manager's out of office reply (if email is used). a. There may be an invoice sent for the support request based on current hourly rates if Technical staff are contacted directly. The Pro -West Project Manager will follow up when they are available to discuss invoicing. 4. Pro -West asks that both the Pro -West Project Manager and the technical person be copied on emails to ensure prompt service and clarification on needs and any additional fees. If at any time there is a question about an invoice or support need, contact the Pro -West Project Manager. 5. If there are general questions about any topic related to GIS and/or Pro -West Services, contact the Pro -West Project Manager listed in this scope. You may be invoiced for that call or email. The PM will discuss invoicing needs on the call. 6 Page 231 of 373 PROVV(7'T & Associates PROJECT RISKS & MITIGATION 1. Stakeholders are not identified at the beginning of the project a. Mitigation: City and Pro -West will identify stakeholders at the project kick-off. If changes in stakeholders occur, they will be communicated to the stakeholders immediately to eliminate and/or minimize timeline and budget changes. 2. Stakeholders change throughout the project a. Mitigation: Maintain the same project stakeholders throughout the project. If stakeholders do change, it is the client's responsibility to communicate the purpose of the project to the new stakeholder or for Pro -West to communicate changes to the client. If the project changes due to a change in stakeholders, additional charges may apply and the timeline may be affected. 3. Changes to inspection form occur after the project has begun a. Mitigation: the client stakeholders should clearly define report criteria, layers, symbology, labeling and scale dependency needs before the project begins. i. Once an MXD/map is initially configured, the City will be responsible for changes. ii. Once the inspection form items have been defined and configured, the City will be responsible for changes 4. Feedback. Various tasks will be completed throughout the project. Project stakeholders are responsible for ensuring feedback is provided per the agreed -upon timelines. a. Mitigation: communicate feedback/task delays to project stakeholders immediately. Project budget and/or timelines may be affected by delays. PROJECT ASSUMPTIONS 1. The sidewalk inspection form provided by the City pre -project is the form to be used for Suvery123 form generation and Microsoft Report Designer output 2. The example cost spreadsheet will be used to design the output .csv from the web app builder widget 3. The property repair assessment report received will be used as the example for report that will be generated by Web AppBuilder widget 4. When a user requests a report from the widget, the output will be both the sidewalk inspection report and the property repair assessment cost report as a multi -page PDF document 5. When a user selects multiple parcels from the widget the report output will be all selected properties' sidewalk inspection reports and property repair assessment cost reports as a multi -page PDF document 6. Access to the solution will always be online through a cellular or wifi mobile device or hard wired or wifi personal computer. 7 Page 232 of 373 PRO COST ESTIMATE $$19,786.27 + $2,500.00 (Optional cost) $22,286.27 Optional cost: Additional funds (example $2,500) can be added to the contract for any support or changes to estimate. These funds would be invoiced hourly and only if needed — not to exceed $2,500. This could be used for additional reports, changes to reports, or tooling not identified in the estimate deliverables. Invoicing Schedule: Pro -West will invoice monthly based on the percentage of the project completed. If the scope, objectives, or timeline change significantly before the project is completed, we will agree to discuss any necessary modifications to our agreed -upon fee or to the scope, objectives, or timeline of the project. * Payment is due within 45 days of an invoice date. If payments are not received within 45 days of the invoice date, a late fee of 1.5% of the invoice amount will be charged for each 45-day cycle that the payment is late. ** 3% convenience fee will be added for payment by credit card To proceed with the described services in this estimate, please sign and date below and return to the Project Manager listed above. CLIENT Pro -West & Associates Acceptance Signature: Signature: Estimate valid for 90 days Date: Date: 8 Page 233 of 373 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $8,180, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, and authorizing the Mayor to execute said document. City Council Meeting: 8/17/2020 Prepared: 8/3/2020 ATTACHMENTS: Description Type o Cont 1020_Amendement #3 Backup Material SUBJECT: Submitted by: Summary Statement: Source of Funds: Background Information: Resolution approving Supplemental Agreement No. 3, to the Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, originally executed April 6, 2020, in an amount not to exceed $8,180, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218 Project, Contract No. 1020, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel, Associate Engineer See attached agreement for Scope of Services GO Bonds Page 234 of 373 HRrn.1. HR GREEN, INC. PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 3 THIS AMENDMENT, made this 3rd day of August 2020 by and between, City of Waterloo the CLIENT, and HR GREEN, INC. (hereafter "COMPANY"), for professional services concerning: Shaulis Road Permit Fees hereby amends the original Professional Services Agreement dated April 6, 2020 as follows: The CLIENT and COMPANY agree to amend the Scope of Services of the original Professional Services Agreement and previous amendments as follows: See Attachment A COMPANY Project Number: 190428.02 The CLIENT and COMPANY agree to amend other provisions of the original Professional Services Agreement and previous amendments as follows: N/A In consideration for these services, the CLIENT AGREES to adjust the payment for services performed by COMPANY on the following basis: Per current rate schedule with the maximum fee to be increased by eight thousand, one hundred and eighty Dollars ($ 8,180.00) The total authorized compensation after this Amendment, including the original Professional Services Agreement and all previous Amendments, is six hundred seventy-two thousand, three hundred eighty Dollars and seventy-five Cents ($ 672,380.75) THIS AMENDMENT is subject to all provisions of the original Professional Services Agreement. THIS AMENDMENT, together with the original Professional Services Agreement and all previous amendments represents the entire and integrated AGREEMENT between the CLIENT and COMPANY. THIS AMENDMENT executed the day and year written above. City of Waterloo, Iowa HR GREEN, INC. Digitally signed by James E. Halverson James E. Halverson DN:C=US,E-,halversen@hrgreen.com,O=HRGreen. DateOL,G.S. Midwest, CN-James E. Halverson Date: 020.07 30 15:59:50-05'00' By: Quentin Hart, Mayor By: James E. Halverson, Vice President Date: Date: Version2.0 12172018 \\hrg reen.com\H RG\Data\2019\190428.02\Admi n\Contract\Client\Amend03\sa3-200728-WaterlooShau IisPerm itFee.docx Page 235 of 373 Contract Amendment 3 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 1 of 2 ATTACHMENT A - SCOPE OF SERVICES The following tasks will be added to the Scope of Services to be performed by the COMPANY: Due to the desire to invoice the COMPANY for fees associated with the project. The following tasks will accomplish this goal. Task N — Fees Clerical work and fees for the following items: 1. Conditional Letter of Map Revision (CLOMR) Fee The COMPANY will send the fee with the Conditional Letter of Map Revision permit to the DNR and FEMA for approval. This also includes a Currently Effective Model supporting documents for Sink Creek. 2. Asbestos Survey The COMPANY will contract with a licensed sub -COMPANY to perform an asbestos survey of the bridge over Sink Creek on Shaulis Road prior to the planned demolition and replacement of the structure. Refer to Terracon's scope of services for more detail. The COMPANY will coordinate through the process with the sub -COMPANY, maintain communication, and share project information. DELIVERABLES: • Payment - CLOMR review - Currently Effective Model • Asbestos Survey Report A-1 Page 236 of 373 Contract Amendment 3 Attachments Shaulis Road Preliminary and Final Design HR Green #190428.02 Page 2 of 2 ATTACHMENT B - FEE AND SCHEDULE PROFESSIONAL SERVICES FEE: TASK N.1: CLOMR FEE TASK N.2: ASBESTOS SURVEY HRG Labor $190.00 $ 500.00 HRG Expenses $ 6,500.00 $0 .00 Subconsultants $.00 $ 990.00 Extension $6,690.00 $1,490.00 $ 690.00 $6,500 .00 $990.00 $8,180.00 A-2 Page 237 of 373 CITY OF WATERLOO Council Communication Resolution approving a request from Kenneth M. Doland II appealing the decision of the City Engineer concerning the disallowance of a second curb cut on a property with less than 100 feet of street frontage, located at 914 Reber Avenue, together with recommendatin of the Planning, Programming and Zoning Commission. City Council Meeting: 8/17/2020 Prepared: 8/6/2020 ATTACHMENTS: Description Type ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ Staff Report Backup Material ❑ Pictures Backup Material ❑ Site Plan Backup Material ❑ Application Backup Material SUBJECT: Resolution approving a request from Kenneth M. Doland II appealing the decision of the City Engineer concerning the disallowance of a second curb cut on a property with less than 100 feet of street frontage, located at 914 Reber Avenue, together with recommendation of the Planning, Programming and Zoning Commission. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approve Resolution. Kenneth M. Doland II has submitted an appeal of the decision by the City Engineer per the requirements of the Code of Ordinances Section 7-1-4, (G). The City's driveway policy prohibits a property from having more than one driveway if the property has less than 100' of street frontage. The Summary Statement: property in question at 914 Reber Avenue has 80' of street frontage. The property currently has one driveway with access to Reber Avenue. The Planning and Zoning Commission at their regular meeting on August 4, 2020 approved the request with a 5-1 vote to allow for the 2M curb cut. Expenditure Required: None Source of Funds: N/A Policy Issue: Driveway Policy This item requires an appeal of the decision of the City Engineer be reviewed by the Planning, Programming and Zoning Commission for a Page 238 of 373 Background Information: Legal Descriptions: recommendation, with City Council having final review. None of the homes in the immediate area of Reber Avenue have a second driveway. The proposed second driveway at 914 Reber Avenue would be approximately 30' feet apart. The Engineering Department does not support the request because the property does not have 100' of street frontage, but Waterloo Traffic Operations noted that the project increases the conflict points, but it does not increase the actual number of conflicts. For example, having two cars attempting to cross the same space at the same time would be considered minimal in this situation. That part of the Northeast Quarter of the Southwest Quarter of Section 27, Township 89 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at a point 545.0 feet West and 30 feet North of the Southeast corner of said Northeast Quarter of the Southwest Quarter; thence North 0 degrees 21' East 66.7 feet; thence South 49 degrees 58' West, 103.7 feet; thence East 79.8 feet along the North line of Reber Avenue to the point of beginning. Page 239 of 373 City of Waterloo City Council August 17, 2020 R-3 i 2xC-2 iY FALLS AVE HARTMAN w LU MIRADA E W m 7 s, DR.Y Z � R-2,C_Z - O CC s O ¢w O 2 A �0 3 DOWNING AVE C-2,C-Z uvv---vvc �,�Q' R-2 � R73 04- R GARDEN AVE �(,! 1�/'�'] -'C-Z C-1!C-Z Cl_ ATH ON '.DGD R-1, ROCK ISLAND ,-/E 0 ORIOLE AVE R-3 'R-4 eenbelt Lake ,PRIL ST a Q MAY ST O 0 JANE ST HOLLYWOOD AVE CARRINGTON STEWART AVE CAM w w U Q / GUNNE' RD W a UPLAND MARTIN RD K O w PIONEER RD w DEVO HIRE DR R: Sin Bir' i ake KINGSLEY CAMPBELL AVE* CAMPBELL AVE BYRNBRA 1 MARTIN RD BERKSHIRE RD, \ PEORIA W. MITCHELL AVE K UNIVERSITY AVE W. 2ND ST F REBER KINGSLEY CAMPBELL AVE OLUM&, ARDg ST KINOBgRD c��119'f -1,C-; SHIRE RD JULIE CT OMMERCIAI M-2, P WASHINGTON UNIV LELAND 3 C- R-4/ sTC-1, �y y3c R-3 iBERTCH FOREST AVE HAWTHORNE AVE BYRON AVE a R=3 CAROLINA AVE E. MITCHELL AVE IS R-1, R-P C-Z HOLM R-2 z OURLAND 0 BOURLAND AVE 'Si AVE ti 0 N O m R-2C-Z TERRACE DR R-3 rn CORNWALL) N x 7 O 5) EASTON AVE 914 Reber Avenue Appeal of Driveway Policy Ken Doland II Page 240 of 373 City of Waterloo City Council August 17, 2020 914 Reber Avenue N ,,i =' wNO' E 1�+, ,�//� Appeal of the Driveway Policy �'T1� Ken Doland II Page 241 of 373 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL Road Trail is located 230' to the west of the project site. TRAIL PLAN AND COMPLETE STREETS POLICY: August 17, 2020 Request by Kenneth M. Doland II for an appeal to the Driveway Policy prohibiting more than one curb -cut on a lot with less than the 100' of street frontage required to allow for a second curb -cut on Reber Avenue, located at 914 Reber Avenue. Kenneth M. Doland II, 914 Reber Avenue, Waterloo Iowa 50701 The applicant is requesting to have a second curb -cut on Reber Avenue in order to have access to an existing gravel driveway on the western portion of the property. The request could have a negative impact upon the surrounding area, as it could set precedence for other property owners with lots narrower than 100' to have a second curb -cut for a driveway. The request could have a negative impact upon traffic conditions in the area, as it would be an additional curb -cut onto Reber Avenue. Reber Avenue does dead-end at the end of the block, but there are no sidewalks on either side of the street. The new driveway or curb - cut does have the potential to create an additional conflict points between bicyclists and vehicles. In addition the west side of the lot has a triangular edge that shortens the approach. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: There are no sidewalks within the immediate area. The Sergeant The site and surrounding area are zoned "R-2" One and Two Family Residence District, and have been zoned as such since the adoption of the City of Waterloo Zoning Ordinance No. 2479 in 1969. The surrounding area to the east and south is comprised of single- family homes that were mostly constructed between the 1920's and 1960's. The land to the west and north is Highway 63 and the Leonard Katoski Greenbelt. BUFFERS/ No buffers or additional screening is needed with this request. SCREENING REQUIRED: DRAINAGE: The construction of a new driveway curb -cut would not appear to have a negative impact on drainage in the area. FLOODPLAIN: The property is Zone X - 500 year Floodplain (Protected by Levee) as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013C0 and Panel Number 301 F, dated July 18, 2011. PUBLIC /OPEN Kingsley Elementary is located approximately 3/4 of a mile to the SPACES/ SCHOOLS: southeast; Central Middle School is located approximately 1.5 miles to the northwest; and West High is located approximately 1.5 miles 2nd Curb -cut at 914 Reber Avenue Page 1 of 3 Page 242 of 373 UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: TECHNICAL REVIEW COMMITTEE: August 17, 2020 to the southeast of the project site. Byrnes Park is located a quarter mile to the southeast. There is a 48" sanitary sewer main underneath HWY 63 and 10" sanitary sewer main underneath Reber Avenue. There is also a 6" water main along the north side of Reber Avenue. The Future Land Use Map designates this property and surrounding area as Low Density Residential. Low Density Residential uses are defined as residential uses that exist or are planned at a density of less than, or equal to six housing units per acre. Residential density shall include street and public uses when calculated for vacant or newly developing areas. For situations of infill development, street and public use area shall be excluded. This particular request is located within the Primary Growth Area. The applicant at 914 Reber Avenue is requesting approval of a 2nd curb -cut to allow for a second driveway access onto Reber Avenue, which will serve an existing concrete slab/driveway on the southern end of the property. The property in question is an 80' wide lot, and currently has one driveway having access to Reber Avenue. The City of Waterloo Driveway and sidewalk specifications, Section 13 required that a property have more than 100' of street frontage before it can have a second curb -cut, and the Code of Ordinances Section 7-1-4 (g) requires that an appeal of the decision of the City Engineer be reviewed by the Planning, Programming and Zoning Commission for a recommendation, with City Council having final review. None of the homes in the immediate area of Reber Avenue have a second driveway. The proposed second driveway at 914 Reber Avenue would only be approximately 30' feet apart as well. The Engineering Department does not support this request. The Technical Review Committee noted that the project increases the conflict points, but it does not increase the actual number of conflicts. For example, having two cars attempting to cross the same space at the same time would be considered minimal in this situation. The additional driveway also has a very low chance of having a negative impact on traffic operations. Engineering noted they do not support the request because the lot does not meet the 100' of street frontage requirement per the Code of Ordinances for a second curb cut. The Planning and Zoning Commission recommended approval for the request with a 5-1 vote at their regular meeting on August 4, 2020. 2nd Curb -cut at 914 Reber Avenue Page 2 of 3 Page 243 of 373 August 17, 2020 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: There is no platting required for this request. Staff is aware of the possible negatives of "setting precedent" when reviewing requests such as this. However, Reber Avenue is classified as a Local Street with what appears to have very low traffic counts which would appear to minimize the likelihood of traffic incidences as a result of allowing two driveways. The property is located at the very end of a dead-end street segment. If the request is approved, it should be for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The site is located at the end of a dead-end street segment, lowering the chances of conflict. If the request is denied it should be for the following reasons: 1. Approving the request would set precedence for other possible requests in the future. 2. The request would appear to have a negative impact on traffic in the surrounding area by increasing the conflict points in the street segment. 2nd Curb -cut at 914 Reber Avenue Page 3 of 3 Page 244 of 373 914 Reber Street Looking west from Drexel with the house on the right. Looking to the home from Drexel. Page 245 of 373 Car in area where applicant wants a driveway. Looking toward the house and the existing driveway. Page 246 of 373 Measured {in feet) me,dician (en metros) Stott Here I . s COlinfICE• ; ,, Asyl! (2/1- 2', , r++,11.-• • LJ : • 3'• 4i 5 ; -5.• 8 6; 9 1 0 •:g f ; c•-,1 • ; 14))! " • ;.• . . • : ! sf. • • : ; • ; • t . : • , ; • • ! - ! : .s....is..-. : s . ...• :: . : . •••'. -- . . . 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Reorder ftG216773 Page 247 of 373 Car in area where applicant wants a driveway. 319.291.4366 1. APPLICATION INFORMATION: a. Type of application (please describe): b. Applicant's name (please print): Ken ,-u . i ji 01 72) � 4 . ]J Address: 9/"( Rehee, S,L Phone: 3/) /- 9 7 Fax: City: �r71, 7 /c' /id State: e cr)ii Zip: W� / Email: kcym A -A) /97/65) V /02), e4v)) e. Status of applicant: (a) Owner v!'(b) Other (CHECK ONE): If other explain: d. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property: , 3%r,%f, RoAci 0I1 / e7 4 to,k2, ,46,A /& .t'r,e) , 7i'/ia b. Legal description of property:G/r, / (7,6' i.e./d A) lL s% f f car: of .Sk) X st7 i,J 2 ,'43 c% 5) d/(7rcr} r N f /17)0) &If�1 „; /94 0ie�.64' A�� 7!D P �` «- 13efi 7 7- 61 } Li Dimensions of Property Boundary (Excluding Right of Way): Fi .� i a r� ` /-612 ) ` • ivc / ide.3 2 c. Area of Property (Excluding Right of Way): d. Current zoning: e. Reason(s) for request and proposed use(s) of property: T, 47',1,.f 2.r1] 1,r>,y), ,e /1 tr) 'c'� ! 1 F# 0 -k. 4; pC ,� 3 a L C� �} '.., 7 /.-s f�, ..? tJ e I 1 ek' y/ ,r- 7 c" <S C' /. �n ;i1t 4-' Ci ° }" C'- A- . p YF isxz' f ll i` . P` i rJ f�'� �1 Y eifio �C7 Gi (4,0 1�j C� : ' M,/ • f. Conditions (if any) agreed to: lr] )71 Ae', gizmo etc /, e b)/ f xr° eon /,"fide h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from this request). The tiling fee of $100 (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be enacted into law. Any major change in any of the information given will require that the request go back through the -process, with a new filing fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signature of Applicant Date SignaOwner Date Page 249 of 373 CITY OF WATERLOO Council Communication Resolution accepting a deed for a home located at 219 Newell Street from Hawkeye Community College, in the amount $135,000, in accordance with the previously approved project addendum agreement for the construction of the home, approved on October 16, 2017, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 8/17/2020 Prepared: 8/13/2020 ATTACHMENTS: Description Type O 28E Agreement Backup Material o Addendum Agreement Backup Material SUBJECT: Resolution accepting a deed for a home located at 219 Newell Street from Hawkeye Community College, in the amount of $135,000, in accordance with the previously approved project addendum agreement for the construction of the home, approved on October 16, 2017, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Approval This item is for the acceptance of the first home constructed by Hawkeye Community College located at 219 Newell Street in accordinance with the Summary Statement: project addendum agreement that was approved by council in October of 2017. Expenditure Required: $135,000.00. Source of Funds: Bonds Alternative: N/A Legal Descriptions: Manson's Second Addition Lot 13 Block 1 Page 250 of 373 Page 1 of 9 5 111111111 II III 11 I I 1 I I III I II II II I I II Doc ID: 008224020009 Type: GEN Recorded: 09/07/2017 at 03:32:47 PM Fee Amt: $47.00 Page 1 of 9 Black Hawk County Iowa SANDIE L. SMITH RECORDER /� File2018 00004311 tvedtfix CHAPTER 28E AGREEMENT - AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION THIS AGREEMENT made and entered into the I % day ofj( G(Sk , 2017, by and between the Hawkeye Community College (hereinafter referred to as `ollege") and the City of Waterloo, Iowa (hereinafter referred to as "City"): WHEREAS, College is a community college organized and existing under the laws of the State of Iowa and is a public agency as defined in Iowa Code Chapter 28E; and WHEREAS, City is a municipal corporation organized and existing under the laws of the State of Iowa and is a public agency as defined by Iowa Code Chapter 28E; and WHEREAS, College provides vocational and technical education and training to students, including education and training to students in the building trades, and has authority to sell student constructed buildings and the property on which such student constructed buildings are located pursuant to Iowa Code § 260C.14(6); and WHEREAS, City has a shortage of adequate housing, attributable in part to the relative shortage of the number of individuals who are skilled in the building trades; and WHEREAS, City currently owns and intends in the future to acquire parcels of property which are suitable for the construction of student constructed housing; and WHEREAS, City desires to transfer lots to the College for the College to construct student constructed houses on, and to purchase the lots back from the College upon completion of such construction at the cost of materials to the College; and WHEREAS, College desires to accept individual lots from the City, construct student constructed houses thereon, and transfer the lots back to the City upon completion of construction in exchange for the cost of materials actually incurred by the College; and WHEREAS, public agencies may enter into an agreement for joint and cooperative action pursuant to Iowa Code Chapter 28E; and WHEREAS, College and City believe that an agreement pursuant to Chapter 28E of the Iowa Code should be entered into with regard to the construction of student constructed homes in the City, which agreement will be to their mutual advantage. NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between College and City as follows: 1 e) File Number: 2018-0 111 4g71 Page 2 of 9 1. Purpose. The Purpose of this Agreement is to facilitate the joint exercise of the parties' respective powers to fund and construct College student constructed houses on property currently owned by City, subject to the terms and conditions set forth herein. 2. Administration. No separate legal or administrative entity shall be created for the governance or administration of the terms or subject matter of this Agreement. This Agreement will be administered by the Vice President of Administration and Finance or his/her designee on behalf of College, and the Community Planning and Development Director or his/her designee on behalf of City. 3. Project. College shall construct student constructed houses on property owned by the City on an ongoing basis as contemplated by the terms of this Agreement (the "Project"). 4. Property. Each Property to be used for the Project shall be identified and mutually agreed upon by the Community Planning and Development Director for the City and the Vice President of Administration and Finance of the College. 5. Duration. This Agreement shall remain in effect unless and until terminated in accordance with Section 13, commencing with the date of filing of this Agreement with the Iowa Secretary of State, in accordance with Iowa Code Section 28E.8. 6. Transfer of Property to College. At such time as the Community Planning and Development Director for the City and the Vice President of Administration and Finance of College mutually agree on a lot of property to be used for the Project (each lot agreed upon between the parties is herein referred to individually as the "Property"), City shall convey the Property to College on the following terms and conditions: A. Purchase Price. City acknowledges the services provided by College related to the Project are sufficient consideration to support City's obligation to transfer the Property to College. No additional monetary consideration will be required of the College. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("First Closing Date"). Possession of the Property ("Possession") shall be delivered to College at the First Closing Date. Each transaction shall be considered closed upon the filing of all title transfer documents ("First Closing"). C. Taxes and Special Assessments. City shall pay all property taxes and/or special assessments, if any, pertaining to the Property at all times during the pendency of this Agreement, notwithstanding which party holds legal title to the Property. College represents that the real property owned by it under this Agreement will be exempt from taxation for property tax purposes until it is occupied or sold. D. Included Property. Included with the Property shall be all improvements and fixtures that integrally belong to, are specifically adapted to, or are a part of the 2 File Number: 2018-0 1124g7g Page 3 of 9 Property, whether attached or detached. City covenants that each Property shall be a bare lot, free from any structures. E. Platting; Survey. If a survey is required under Iowa Code Chapter 354, city or county ordinances, or is necessary to permit College to carry out its obligations under this Agreement, City shall pay the cost thereof. F. Environmental. City represents and warrants to College that, to the City's knowledge formed without specific inquiry: (i) the Property has not been used for the purpose of generating, receiving, handling, using, storing, treating, transporting or disposing of (A) any hazardous material as defined in any applicable federal, state, county or local statutes, laws, regulations, rules, ordinances, codes, standards, orders, licenses and permits of any governmental authorities relating to environmental matters (being hereinafter collectively referred to as the "Environmental Laws"), (B) other toxic, dangerous or hazardous chemicals, materials, substances, pollutants and wastes, or any chemical, material or substance, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or (C) petroleum products (except petroleum products received, handled, used, stored, treated, transported or disposed of in accordance with Environmental Laws), (ii) there are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to the Property in connection with the Environmental Laws, nor has City received any notice of the same and (iii) no Hazardous Materials have been or will be released into the environment, or have been or will be deposited, spilled, discharged, placed or disposed of at, on or adjacent to the Property, nor has the Property been used at any time by any person as a landfill or a disposal site for Hazardous Materials or for garbage, waste or refuse of any kind (all the foregoing being hereinafter collectively referred to as "Hazardous Materials"). City shall also provide College with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous waste, underground storage tanks, burial sites, or private sewage disposal systems on the Property. This representation and warranty shall survive the First Closing, Second Closing, and the termination of this Agreement. G. Deed. At First Closing, City shall convey merchantable title to the Property to College, by a duly executed and acknowledged general warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications except as expressly accepted by College in writing. Said deed shall be in a form acceptable to College. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. H. Warranties. In addition to any other warranties stated herein or in the general warranty deed to be executed and delivered by City to College, City represents and warrants to College the following: 3 File Number: 2018-01134g7§ Page 4 of 9 i. City is the owner in fee simple of the Property free and clear from all liens and encumbrances, and City's entering this Agreement will not conflict with any other contract, agreement, or obligation to which City is a party. ii. There will be no leases or other occupancy agreements relating to the Property in effect as of the date of First Closing. iii. City has entered into no other agreements to sell the Property. iv. City is not a party to any litigation, nor does City know of any litigation or threatened litigation, affecting the Property, or City's ownership thereof, and City shall give College prompt notice of any claim, threatened litigation, or instigation of any litigation prior to First Closing. v. City has not received and has no knowledge of any notice or request from any governmental authority having jurisdiction regarding any violation of any federal, state, or local law or requesting the performance of any work or alteration with respect to the Property. vi. City is not in default under the terms of any lease, contract, agreement, order, or judgment affecting the Property or the operation thereof. vii. There are no contracts or agreements, written or oral, which would bind College, affecting the ownership or operation of the Property. viii. There are no structures on the Property. ix. No labor has been performed, or materials supplied, for the Property which the City has not fully paid. x. There are no condemnation proceedings pending, or to the best of City's knowledge, contemplated against the Property, or any part thereof, and the City has received no notice, oral or written, of the intent or desire of any public authority or public utility to take or use the Property or any part thereof. xi. City has no knowledge or information of any facts, circumstances, or conditions which do or would in any way adversely affect the Property. xii. The representations and warranties of City contained in this Section 6 shall survive First Closing, Second Closing, and the termination of this Agreement. 4 File Number: 2018-0 1.44g74 Page 5 of 9 7. Construction of Project. Following transfer of the Property to College, College shall construct the Project on the Property on the following terms and conditions: A. Budget and Design. Prior to commencement of construction of the Project, the City and College shall meet and mutually agree upon the design plans and specifications for the Project, which may include sodding or seeding and a not -to -exceed budget amount for the Project. Once agreed upon, neither the design nor budget may be amended, without the written consent and agreement of both the City and College. B. Scope of Work. College will furnish all tools, equipment, components, machinery, supplies, superintendence, insurance, transportation and other construction accessories, services, facilities, and labor necessary to construct the Project in accordance with the plans and specifications agreed upon by the Community Planning and Development Director for the City and the College Vice President of Administration and Finance and in compliance with all City, state, and federal building codes and with all applicable City ordinances and other applicable law. In the event the College should anticipate a material increase in the cost of materials to complete the Project above what was budgeting prior to the commencement of work, the College shall obtain City's written approval of such cost overruns prior to incurring the same. C. Time for Completion. The Project will be completed within three (3) years after the First Closing, but College shall be entitled to a 6-month extension upon written notice to City if College reasonably believes that completion can be attained during the extended period. Any further extension shall require City's written consent, which consent shall not be unreasonably conditioned or withheld. Completion shall be evidenced by production of executed final lien waivers from all contractors and suppliers and a certificate of occupancy issued by the City of Waterloo Building Inspections Department. The Property shall be turned over to City in standard, "broom clean" condition, and all remaining construction materials and debris shall be removed from the Property. D. Risk of Loss and Insurance. City shall bear the risk of loss or damage to the Property prior to First Closing. College shall bear the risk of loss or damage to the Property following First Closing and prior to Second Closing. City shall bear the risk of loss or damage to the Property following Second Closing. College shall procure builder's risk insurance at its own expense to cover loss or damage to the Property occurring after the First Closing but prior to Second Closing. The City shall be named as an additional insured on the builder's risk policy. E. Worker's Compensation Insurance. College shall purchase and maintain worker's compensation insurance for not less than the limits required by law and shall name the City as an additional insured. 5 File Number: 2018-01154g7§ Page 6 of 9 F. General Liability Insurance. College shall purchase and maintain Comprehensive General Liability Insurance and Comprehensive Automobile Liability Insurance to cover the operations of College, its officers, employees, contractors and agents, under this Agreement. 8. Transfer of Property Back to City. Upon completion of the Project pursuant to Section 7 of this Agreement, College shall convey the Property back to the City on the following terms and conditions: A. Purchase Price. City shall pay College the actual cost of materials supplied and/or used by College in the construction of the Project, subject to documentation of such costs that is reasonably satisfactory to City, or such other amount mutually agreed upon by the parties (the "Purchase Price"). City will not pay College for the value of any materials that College obtains by donation or otherwise without cost. B. Possession and Closing. The closing date shall occur on a date mutually agreeable to the parties ("Second Closing Date"). Possession of the Property shall be delivered to City at the Second Closing Date. Each transaction shall be considered closed upon the payment in full by City of the Purchase Price and the filing of all title transfer documents ("Second Closing"). C. Included Property. Included with the Property shall be all buildings, structures, improvements, and fixtures that integrally belong to, are specifically adapted to, or are a part of the Property, whether attached or detached. D. Deed. At Second Closing, College shall convey the Property to City, by a duly executed and acknowledged special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing. City shall be responsible for payment of revenue stamps, if any, and recording costs payable to the Black Hawk County Recorder. E. Condition of the Property. NOTWITHSTANDING ANY OTHER PROVISION CONTAINED HEREIN, IT IS UNDERSTOOD AND AGREED THAT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLEGE IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO MERCHANTABILITY, ZONING, TAX CONSEQUENCES, VALUATION, GOVERNMENTAL APPROVALS, OR THE COMPLIANCE OF THE PROPERTY WITH LAWS. CITY REPRESENTS TO COLLEGE THAT CITY HAS CONDUCTED, OR WILL CONDUCT PRIOR TO SECOND CLOSING, SUCH INVESTIGATIONS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO THE PHYSICAL AND ENVIRONMENTAL 6 File Number: 2018-01164g7§ Page 7 of 9 CONDITION THEREOF, AS CITY DEEMS NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE PROPERTY. 9. Financing of the Project. College and City shall each be directly responsible for the costs assigned to each by the terms of this Agreement. 10. Indemnification. To the extent allowed by law, City shall defend, indemnify, and hold harmless College from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by City, (ii) the material failure of any representation or warranty of City made in this Agreement to be true, (iii) any material act or omission of City related to its obligations under this Agreement. To the extent allowed by law, College shall defend, indemnify, and hold harmless City from any and all claims, demands, causes of action, suits, settlements, and any other claimed damages, to include reasonable attorneys' fees, investigative costs, suit fees, and other costs associated therewith, arising out of: (i) a material breach of this Agreement by College, (ii) the material failure of any representation or warranty of College made in this Agreement to be true, (iii) any material act or omission of College related to its obligations under this Agreement, or (iv) any physical injury occurring during, and related to, the work performed by College under Section 7 of this Agreement. 11. Assignment. Neither party may assign its rights, obligations, or interests under this Agreement without prior written consent of the other. 12. No Joint Obligation. The obligations of College and City under this Agreement are several obligations, and are not joint obligations. 13. Termination of Agreement. This Agreement may be terminated in any one of the following ways: A. Jointly, by a written agreement executed by College and City; B. By either party, without cause, upon ninety (90) days' prior written notice. C. By either party for breach of any of the terms of this Agreement by the other party. Termination shall be accomplished by giving written notice to the breaching party specifying the breach and stating that the Agreement will be terminated if the breach is not cured within thirty (30) days. Failure to cure the breach within thirty (30) days of receipt of this notice shall result in automatic termination of this Agreement. D. Notwithstanding any termination, other than for breach under Section C, both parties shall remain responsible for fulfilling their respective obligations to complete and pay for any construction in progress at the time of termination. The parties shall mutually determine what constitutes "completion" and "payment" for purposes of this provision. 14. Transfer Upon Termination. If this Agreement is terminated pursuant to Section 13, College shall, within sixty (60) days of either completion of construction, or if construction hasn't 7 File Number: 2018-01174g7j Page 8 of 9 started, within sixty (60) days of termination, transfer back to the City by special warranty deed, free and clear of liens and encumbrances, reservations, exceptions or modifications arising by or through College except as expressly accepted by City in writing, any Property it acquired from the City pursuant to this Agreement. 15. Notice. All notices, requests, claims, demands and other communications between the parties shall be in writing, and shall be given by delivery in person or by first class, registered or certified mail, postage prepaid. All notices shall be effective upon receipt, if notice is given by delivery in person, or on the fifth day following mailing to the other party at its respective address listed below: To College: Vice President of Administration and Finance 1501 East Orange Road P.O. Box 8015 Waterloo, Iowa 50704 To City: Community Planning & Development Director 715 Mulberry Street Waterloo, Iowa 50703 16. Binding Effect. The terms and conditions of this Agreement shall extend to and be binding upon the successors in interest of the respective parties thereto. 17. Entire Agreement - Amendment. This Agreement contains the entire understanding between the parties and cannot be changed or terminated orally but only by an agreement in writing signed by both parties. 18. Severability. If any provisions of this Agreement are declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. 19. Governing Law. This Agreement shall be governed by the laws of the State of Iowa. Any dispute or claim arising out of this Agreement shall be heard in a court of competent jurisdiction in Black Hawk County, Iowa. 20. Counterparts. This agreement may be executed in any number of counterparts, each of which, when executed and delivered, shall be an original, but all such counterparts shall constitute one and the same instrument. [Signature Page to Follow] 8 File Number: 2018-01184g7§ Page 9 of 9 IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their respective officers, pursuant to full authority granted and given as of the day and year first above written. HAW COMMUNITY COMMUNITY CO -?GE CITY OF WATERLOO By: Mayor Bo: r• Secretary City Cl 01387991-1 \10567-257 9 File Number: 2018-01194g79 PROJECT ADDENDUM TO AGREEMENT FOR RESIDENTIAL HOUSING CONSTRUCTION This instrument is an addendum (the "Addendum") to that certain Chapter 28E Agreement - Agreement for Residential Housing Construction (the "Agreement") dated August 21, 2017, by and between City of Waterloo, Iowa ("City") and Hawkeye Community College ("College"), previously recorded as Doc. No. 2018-00004311. This Addendum shall be effective when executed by both parties. WHEREAS, the parties have identified a Project site in the 200 block of Newell Street, as described on Exhibit "A" attached hereto (the "Property"), and desire to set forth the terms by which they will undertake the Project; NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Within thirty (30) days after execution of this Addendum by both parties, City will convey the Property to College by general warranty deed. 2. Acting with appropriate diligence hereafter, the parties will agree on Project designs, plans and specifications (the "Plans") and a not -to -exceed budget for the Project. 3. This Addendum is subject to all terms, covenants, conditions, and restrictions set forth in the Agreement; provided, however, that to the extent of any conflict between this Addendum and the Agreement, the terms of this Addendum shall prevail. Except as modified herein, the Agreement shall continue in full force and effect. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Agreement. The Agreement and this Addendum shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Project Addendum to Chapter 28E Agreement - Agreement for Residential Housing Construction by their duly authorized representatives. HAWKEYE COMMUNITY COLLEGE CITY OF WATERLOO, IOWA By: By: Board President Quentin M. Hart, Mayor By: By: Board Secretary Kelley Felchle, City Clerk Dated: Dated: Page 260 of 373 EXHIBIT "A" Property Description Parcel no. 8913-13-382-010, legally described as: Lot 12, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Parcel no. 8913-13-382-011, legally described as: Lot 13, Block 1, Manson's Second Addition, City of Waterloo, Iowa. Page 261 of 373 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for approval of the Preliminary Plat of the Waterloo Air and Rail Park, a twelve (12) lot commercial subdivision located north of 3040 Leversee Road, in a "M- 2,P" Planned Industrial District. City Council Meeting: 8/17/2020 Prepared: 8/5/2020 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description Backup Material ❑ Engineer's Recommendation Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving a request by the City of Waterloo for approval of the Preliminary Plat of the Waterloo Air and Rail Park, a twelve (12) lot commercial subdivision located north of 3040 Leversee Road, in a "M-2,P" Planned Industrial District. Submitted By: Noel Anderson, Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Preliminary Plat request at their regular meeting on August 4, 2020. Therefore, staff recommends that the Preliminary Plat for Waterloo Air & Rail Park be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. Transmitted herewith is a request by the City of Waterloo for the Preliminary Plat of Waterloo Air and Rail Park a 12-lot commercial subdivision located north of 3040 Leversee Road in a "M-2,P" Planned Industrial District. Included are the following: • Staff report • Overview Map • Preliminary Plat Expenditure Required: None Source of Funds: N/A Page 262 of 373 Background Information: The applicant is requesting to plat the property in question for the purposes of creating a 12-lot subdivision, located north of 3040 Leversee Road. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is part of the Waterloo Regional Airport and adjoins the North Cedar Falls Industrial Park. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Leversee Road which is a Collector, and West Airline Highway which is Minor Arterial. The nearest trail is the Cedar Valley Lakes trail which is located 0.70 miles to the south. There are no sidewalks in the area. The area of the proposed plat is zoned "M-2,P" Planned Industrial District. Surrounding land uses and their zoning are as follows: North — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Canadian National Railroad, Industrial, and a Mobile Home Park zoned "M-1" Light Industrial District. East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Industrial, Residences and Agriculture zoned by the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. Commercial buildings built between 1967 and 2017 and residences built between 1930 and 1966. No buffers would be required as a part of this plat request. A drainage plan will need to be submitted to Engineering when buildings are constructed. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0166F, 0158F and 0167F dated July 18, 2011. Lincoln Elementary School is located 3.2 miles to the southeast, George Washington Carver Academy is located 4 miles to the southeast, and East High School is located 5.21 miles to the southeast. The nearest open space is George Wyth State Park is located 0.83 miles to the south. There are currently no utilities in the plat area; however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The Waterloo Air and Rail Park would include 12 lots and 10 Tracts. The proposed lot sizes are: lot 1 4.37 acres, lot 2 4.85 acres, lot 3 5.15 acres, lot 4.46 acres, lot 5 4.49 acres, lot 6 4.43 acres, lot 7 34.28 acres, lot 8 3.44 acres, lot 9 3.44 acres, lot 10 4.74 acres, lot 11 32.09 acres, and lot 12 27.60 acres for a total of 133.34 acres of lots. The proposed tract sizes are: Tract "A" 16.06 acres, Tract "B" 22.11 acres, Tract "C" 6.64 Acres, Tract "D" 4.11 acres, Tract "E" 38.18 acres, Tract "F" 23.60 acres, Tract "G" 10.59 acres, Tract "H" 3.14 acres, Tract "I" 11.11 acres, Tract "J" 38.38 acres for a total of 173.91 acres of land dedicated to tracts. Tract "A" is designated for road and rail right-of-way; Tract "B" is reserved for permanent and temporary storm water management and reserved for Page 263 of 373 future development; Tracts "C", "D" and "E" are reserved for storm water management and Tracts "E" and "F" are reserved for temporary storm water management and reserved for future development; Tract "H" is reserved for planned sanitary sewer lift station and storm water management; Tract "I" Reserved for future development and Tract "J" is reserved for rail and utility access, storm water management, and future development. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning which limits the height of buildings in the area. The Preliminary Plat was originally recommended for approval by the Planning, Programming and Zoning Commission on April 2, 2019 but was not forwarded to city council due to items that need to be addressed. Those items have now been addressed but because more than one year has passed since it originally went through PZ it must return to the commission for a recommendation. Krista Billhorn from Iowa Department of Transportation asked in a Tech Review email about traffic when it came to the proposed plat to which staff responded that development is not yet being proposed and when a proposed development comes for a site plan amendment staff will be able to look at truck traffic. The preliminary plat includes the following items: a) legal description, b) existing topography contours, c) property lines, e) date, north arrow, and scale f) sanitary sewer locations, g) water system location k) size of individual lots, 1) right -of -widths, n) street widths and o) street lighting locations. Building setback lines will be set during the Site Plan review process. Adjacent subdivisions need to be shown. All issues with the plat have been addressed and the Engineering Department has signed off on approval of the plat. Therefore, staff recommends that the Preliminary Plat for Brock Third Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. Page 264 of 373 August 4, 2020 REQUEST: Request by the City of Waterloo for the Preliminary Plat of Waterloo Air & Rail Park, a 12-lot commercial subdivision located north of 3040 Leversee Road. APPLICANT: City of Waterloo, 715 Mulberry, Waterloo, IA 50703 GENERAL The applicant is requesting to plat the property in question for the DESCRIPTION: purposes of creating a 12-lot subdivision, located north of 3040 Leversee Road. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding neighborhood or land use as the area being platted is SURROUNDING part of the Waterloo Regional Airport and adjoins the North Cedar LAND USE: Falls Industrial Park. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN vehicular or pedestrian traffic movements in the area. The area is TRAFFIC served by Leversee Road which is a Collector, and West Airline CONDITIONS: Highway which is Minor Arterial. RELATIONSHIP TO The nearest trail is the Cedar Valley Lakes trail which is located RECREATIONAL 0.70 miles to the south. There are no sidewalks in the area. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: The area of the proposed plat is zoned "M-2,P" Planned Industrial District. Surrounding land uses and their zoning are as follows: North — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Canadian National Railroad, Industrial, and a Mobile Home Park zoned "M-1" Light Industrial District. East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Industrial, Residences and Agriculture zoned by the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. Commercial buildings built between 1967 and 2017 and residences built between 1930 and 1966. BUFFERS/ No buffers would be required as a part of this plat request. SCREENING REQUIRED: DRAINAGE: A drainage plan will need to be submitted to Engineering when buildings are constructed. FLOODPLAIN: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0166F, 0158F and 0167F dated July 18, 2011. PUBLIC /OPEN Lincoln Elementary School is located 3.2 miles to the southeast, North of 3040 Leversee Road — Pre Plat WARP psge 265 of 373 SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: August 4, 2020 George Washington Carver Academy is located 4 miles to the southeast, and East High School is located 5.21 miles to the southeast. The nearest open space is George Wyth State Park is located 0.83 miles to the south. There are currently no utilities in the plat area; however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The Waterloo Air and Rail Park would include 12 lots and 10 Tracts. The proposed lot sizes are: lot 1 4.37 acres, lot 2 4.85 acres, lot 3 5.15 acres, lot 4.46 acres, lot 5 4.49 acres, lot 6 4.43 acres, lot 7 34.28 acres, lot 8 3.44 acres, lot 9 3.44 acres, lot 10 4.74 acres, lot 11 32.09 acres, and lot 12 27.60 acres for a total of 133.34 acres of lots. The proposed tract sizes are: Tract "A" 16.06 acres, Tract "B" 22.11 acres, Tract "C" 6.64 Acres, Tract "D" 4.11 acres, Tract "E" 38.18 acres, Tract "F" 23.60 acres, Tract "G" 10.59 acres, Tract "H" 3.14 acres, Tract "I" 11.11 acres, Tract "J" 38.38 acres for a total of 173.91 acres of land dedicated to tracts. Tract "A" is designated for road and rail right-of-way; Tract "B" is reserved for permanent and temporary storm water management and reserved for future development; Tracts "C", "D" and "E" are reserved for storm water management and Tracts "E" and "F" are reserved for temporary storm water management and reserved for future development; Tract "H" is reserved for planned sanitary sewer lift station and storm water management; Tract "I" Reserved for future development and Tract "J" is reserved for rail and utility access, storm water management, and future development. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning which limits the height of buildings in the area. The Preliminary Plat was originally recommended for approval by the Planning, Programming and Zoning Commission on April 2, 2019 but was not forwarded to city council due to items that need to be addressed. Those items have now been addressed but because more than one year has passed since it originally went through PZ it must return to the commission for a recommendation. Krista Billhorn from Iowa Department of Transportation asked in a Tech Review email about traffic when it came to the proposed plat to which staff responded that development is not yet being proposed and when a proposed development comes for a site plan North of 3040 Leversee Road — Pre Plat WARP Pscgrag of 373 August 4, 2020 amendment staff will be able to look at truck traffic. STAFF ANALYSIS — The preliminary plat includes the following items: a) legal SUBDIVISION description, b) existing topography contours, c) property lines, e) ORDINANCE: date, north arrow, and scale f) sanitary sewer locations, g) water system location k) size of individual lots, I) right -of -widths, n) street widths and o) street lighting locations. Building setback lines will be set during the Site Plan review process. Adjacent subdivisions need to be shown. All issues with the plat have been addressed and the Engineering Department has signed off on approval of the plat. STAFF Therefore, staff recommends that the Preliminary Plat for Brock RECOMMENDATION: Third Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. North of 3040 Leversee Road — Pre Plat WARP P40266 of 373 City of Waterloo Planning, Programming and Zoning Commission August 4, 2020 S._.._.._.a I IMIIMM II MN II MN II MN I ._.._ .._. Y-' W: WASHINGTON S !I .....---.-1 North of 304o Leversee Road Preliminary Plat City of Waterloo Page 268 of 373 City of Waterloo Planning, Programming and Zoning Commission August 4, 2020 W.-DUNKERTON RD W. BIG R f r li ' G) A 2,-Z-) O _ WAIRLINE HWY SUPEuDiO.' 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I '10 l' 73 Cn m CGAanpsaddle-Garber Associates, Inc 16 East Mein Street Marshalltown, Iowa 50159 Ph 601-752-6701 www.cgaconsultants.com ___ . 1398 31' - •••:+., .'.: '..::,.- . -, - - ----"- s _ _ „_—_r._-- — .., ---,_, .41111111MMO -- —:: - -.--w o `c.'/' ,o a' . / 217.7.871:1=I-30 r / i / / / I //,//, 7 ////, / / V ..1 r 85,-...."'"i"-1—:MW1A°M.=-=== 1800.95' I I // // // / / / / 1 1 7 / / r , 2 „,./- I 1 / - — /// / / / \ 1 ii / / //// /// / / / 7 g / , , , / / , / • 7— r ..... _..... z / / // / / / • y / / / I / DESIGNED: BJG DATE: 3-14-2019 DRAWN: CAQ DATE: 3-14-2019 CHECKED: - DATE: - APPROVED: - DATE: - 7 //// 1 / , ///,_ /// / ,/ 7, ,,, / _ __ ..<, r„ ...., 7— v ....._ __. v --.. ----- , , -frP/7'7"7--, ./.' / ' ' r- ......, I ; „...1 \ I \ \ ,,, ___ \‘ ---' .-- •-•, \ ---- _.... - ----1— I ,...., .\ -87 4 873. \ ''..• ."" .."-• -.872 ........ ...-71 `----_ ....___ ..",.. --- -870 .. _ ...,pp._.. B8 \ LAP - -,-, -,, "...--- ---..... .----. 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ES9\ i--- III I1 /r N / ,1..._ � / _�// // / / \ / / / I b / a _ 0 _ r 69 g / 1 P. —/—i/ /� /� � / gJ`� / I/// cn./ .. / ,,_ co- .___ , \,,z4.___ _t__ .___ ___ __-. / / \_-;,,-- —— A 9a' / / / / / / / — o < / �� / / m 0 / �� / /// /I , \ / � 0, > / / / / J / / �/ I /rl / /// // i) _ / // { r I \ I \ \ —, I 13,C r ___ \ / / II'' i WATERLOO AIR AND RAIL PARK WATERLOO, IOWA PRELIMINARY PLAT N /1 `\ _// -- \ I \ srs _ - 938.81 — \ 433.33' 449. I L \ \ /• p \ \ \ 9 \ \ \ \ gj \ - / L] 3 n / Z D / () / O g \III I V // N /// ,,La' i 6� p1,e / ' / / r / I nci / / / II D / n m j /69gi rI / \ \ 867 86-= \ y 1 330.76' 7 / /028.76' 450.00' / mIm MI 1 \ NO°20'35"E \\ \ \ mIm M \ \ \ -I _ Q \ \ \\ Q - SHEET NO. 10 OF 13 PROJECT NO. 5623.05 Page 279 of 373 J:\5623\dwg\Survey\ Preliminary Plat -Waterloo Industial Development\PRELIM PLAT 6-02-2020\5623 Preliminary Plat_Sht-3-12.dwg - SHEET 11 - 06-04-20-11:53am - BMC345 S1N3WIN00 A110 N Co 47, z Zit B. 3 D D F. Fd Zv"Id �2IVMJA I'I�2Id 00 -43 4.0 — •866-1- \ _ D<// / ti gym/ / / I / / 53i // rv„/6vo''I \ /869 I/ .g./— ga Z /- I I I •1I I I t' ! — — — III IIII ( IL � oJ- S — �\ �w /■go 2 o \//m —/D R-' / / / <Jm /—// Z./A`N / /// n/ -- /'am — B—�— / /I . 867. _ 2 •e " T mi865 mn N —\ \ \ // / / / \ \/ /I \ --I' \— II 95/. /d3 /—// / \ '` I ^65/ / / //\ y4/. v 55 / 7( 11 N. o sFy ——✓ l m // dv 19 N o�, Z % j-_�86 / �„I I?/iN ‘ / / —X \I�/'/t— \_ � 86 7 \ v4// ) \ \ \ \III / 861 tI/ / IIII ` "— 7 /I\ \ /— /I 7/ � i l / / — //J\/Lam__�//\— /—so / —'��c—�/r-\ - / _ -864/ 865- /- - i l /�!— �—Z// 865- / �866— / / / _ -1- — — / �/ •4 / I — 66_ �.867 / /— / \ -� \I ( / i // -- — — — �/-886687- _ — 868—-- —� ----_ "_11/ �._/8L , ) r \ �� 'Il/��\ � \r I r/ '�N / \ rI-_ \ i\ \ —87p� l -J / ,\\\ \ 9 / \\ �\\\ \ / ▪ \/ J, \ e6x I \ y \ -.89, / \ \/\\\ 0 `/\ j\ \\\`___/— D I \ or2, / y fm f \ \/ e. �- / / <\--c-') )\ \ \?\ \ f /1\ \ \ 9_\ / `' \ \\\ \1 I / '�£ \ 868 I Ir \-` \\ II II I 1 I 1 1258.31' auS70217Ly___-____V /\ N. // .76' /m/m= 6., / \ \ ROFq\ —/— Ym / // I / \\_ • --_! / / / /1 I 1M/ \ / C J RSA M /%I\ 1 / / I ND] / / -1 S� a� \I <' �, / C \ / \ /�\ I `-'\I / I \ Page 280 of 373 J:\5623\dwg\Survey\ Preliminary Plat -Waterloo Industial Development\PRELIM PLAT 6-02-2020\5623 Preliminary Plat_Sht-3-12.dwg -SHEET 12 - 06-04-20-11:53am - BMC345 -16 cg S1N3WIN00 A110 0 0 0 Co 0 0 0 0 D D F. DFd IV'Id �2IF�NIY�I'I�2Id rni PPR�A SAS 0 0 Ir m a m rn D m N 31ONV V113O ONIHV39 OHOHO C) 0 0 e qel anan3 StS Sts Page 281 of 373 J:\5623\dwg\Survey\Preliminary Plat -Waterloo Industial Development\PRELIM PLAT 6-02-2020\5623 Preliminary Plat_Sht-13.dwg - SHEET 13 - 06-04-20-11:53am - BMC345 D1 0 0 D IVnId �2IVMJA I'I32Id E LONE TREE RO \ • \ 1 \ \ \ N N \ \ N N N \ N N cnu, I \\ �2&. \\ \\ I \ Ni\ N I \ \ �� \ N \ N N N 0\ N N N.N. \ \ ti (S89°02'43'MY) o 0 Y� V __ (S89°02'43"W) (996.73')_________ F p oz mN E LAKE STREET RA ---------------- (N89°02'02'E) (1324.78') ----------- ----------- (N89°02'02'E) (1083.009------ Gy�Ck S?S 4,,9a i° \ \ \ c'th `' (a em 589°02'02"w) (1322.78')--------- ys La° \ %/�{(/ 9 ° I / N \ R (589°08'13'E 2366.20')_ _ ___________ -------- -- lNfl�,_ a°1T44'W 5.505) \ a \ I \ \ N \ \ I I I I I I I I I I I 1 I I I I II I I i I I I I I I I II N J / / / Page 282 of 373 Preliminary Plat Waterloo Air & Rail Park (WARP) Looking south east from the north side of Looking toward the center part of the plat. the property. Looking east along the north portion of the plat. Looking south from the center of the plat. Page 283 of 373 Looking south. Looking east along the southern portion of the plat. • 4:0:: 1 1‘:$ 4r4f .44.44.04:4.41 4. . 4.4 k • 44 444 4:444." 44.• •••44.4400 44k4/ OV$44. 70011 *.440, r'.n: A. !'�,6� a �,i ��/� m1. Looking north east from the southern portion of the property. Looking south east toward the CN railroad tracks. Page 284 of 373 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name lease print): C1.19 Of' �TuL 0 D Address: `7 f' f , f�„p2,4 Phone: City: 0 State: I ,f} Zip: 60 70, b. Status of Applicant: (a) Owner ,(b) Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: _ 2. PROPERTY INFORMATION: a. Name of Plat: 1-1°'Prip t 01G- b. General Location of Property: c. Area of Proposed Plat: d. Zoning District(s): 3, OTHER DOCUMENTATION: T'-0, P a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four (4) copies of Preliminary Deed of Dedication 4. PUBLIC IMPROVEMENTS a. Costs (estimated) for any public improvements: Total Cost Estimate Storm Sewer Sanitary Sewer Paving Land Dedicated TOTAL The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that bmitted along with it is true and correct. All information submitted will gramming, and Zoning Commission and the Waterloo City Council in ed authorize City Zoning Officials to enter th-iperty in question all information on this request be used by the Waterloo P1 making their decision. T in regard Signature of Applicant Signature of Owner 2-�.)9 Date Page 285 of 373 WATERLOO AIR AND RAIL PARK BLACK HAWK COUNTY DESCRIPTION RELEASE FOR PARCEL 'A', WATERLOO REGIONAL AIRPORT A PARCEL OF LAND SITUATED IN PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 AND IN PART OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32. TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32; THENCE NORTH 89°(DEGREES) 03'(MINUTES) 04"(SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 33.00 FEET TO THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF LEVERSEE ROAD, BEING THE POINT OF BEGINNING; THENCE NORTH 01°21'32" WEST ON SAID EASTERLY RIGHT-OF-WAY LINE, 660.17 FEET TO A LINE THAT IS 1,002.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30 AND ITS EXTENSION NORTHWESTERLY; THENCE SOUTH 52°57'29" EAST ON SAID LINE 1,652.85 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 01°18'08" EAST ON SAID EAST LINE 969.22 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 89°02'43" WEST ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32 A DISTANCE OF 996.73 FEET: THENCE NORTH 01°23'12" WEST 132.00 FEET; THENCE SOUTH 89°02'43" WEST 297.01 FEET TO THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF LEVERSEE ROAD; THENCE NORTH 01°23'12" WEST ON SAID EASTERLY RIGHT-OF-WAY LINE 1,194.61 FEET TO THE POINT OF BEGINNING. CONTAINING 1,874,370 SQUARE FEET OR 43.03 ACRES. RELEASE FOR PARCEL 'B', WATERLOO REGIONAL AIRPORT A PARCEL OF LAND SITUATED IN PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32; THENCE NORTH 89°(DEGREES) 02' (MINUTES) 02"(SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 1,324.78 FEET TO THE SOUTHEAST CORNER OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, BEING THE POINT OF BEGINNING; THENCE NORTH 01°18'08" WEST ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE OF 2,295.81 FEET TO A LINE THAT IS 1,002.00 FEET Page 286 of 373 SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30; THENCE SOUTH 52°57'29" EAST ON SAID LINE, 1,688.92 FEET; THENCE SOUTH 01°13'03" EAST, 1,255.80 FEET TO THE SOUTH LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32; THENCE SOUTH 89°02'02" WEST ON SAID SOUTH LINE, 1,322.78 FEET TO THE POINT OF BEGINNING. CONTAINING 2,351,103 SQUARE FEET OR 53.97 ACRES. RELEASE FOR PARCEL 'C', WATERLOO REGIONAL AIRPORT A PARCEL OF LAND SITUATED IN PART OF THE NORTHWEST FRACTIONAL 1/4 OF SECTION 5, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 5; THENCE NORTH 00°(DEGREES) 27'(MINUTES) 15"(SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION ON THE WEST LINE OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION 5, A DISTANCE OF 396.40 FEET; THENCE SOUTH 89°32'45" EAST, 33.00 FEET TO THE PRESENT EASTERLY RIGHT-OF- WAY LINE OF LEVERSEE ROAD, BEING THE POINT OF BEGINNING; THENCE NORTH 00°27'15" EAST ON SAID EASTERLY RIGHT-OF-WAY LINE, 1,798.81 FEET; THENCE NORTH 89°02'02" EAST, 208.77 FEET; THENCE NORTH 00°27'15" EAST, 208.77 FEET TO THE NORTH LINE OF THE NORTHWEST FRACTIONAL 1/4 OF SAID SECTION 5; THENCE NORTH 89°02'02" EAST ON SAID NORTH LINE 2,405.78 FEET; THENCE SOUTH 00°20'29" WEST 1,028.76 FEET TO A LINE THAT IS 684.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 6/24 AND ITS EXTENSION SOUTHWESTERLY; THENCE SOUTH 67°02'10" WEST ON SAID LINE 2,623.53 FEET; THENCE NORTH 80°48'20" WEST 208.35 FEET TO THE POINT OF BEGINNING. CONTAINING 4,034,130 SQUARE FEET OR 92.61 ACRES. RELEASE FOR PARCEL 'D', WATERLOO REGIONAL AIRPORT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF SECTION 5, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5; THENCE NORTH 00°(DEGREES) 36'(MINUTES)39"(SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THE DESCRIPTION ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 5, A DISTANCE OF 795.29 FEET; THENCE SOUTH 89°23'21" EAST, 33.00 FEET TO THE INTERSECTION OF THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF THE CANADIAN NATIONAL RAILROAD AND THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF LEVERSEE ROAD, BEING THE POINT OF BEGINNING; THENCE NORTH 00°36'39" EAST ON SAID EASTERLY RIGHT-OF-WAY LINE, 1189.64 FEET; THENCE SOUTH 89°08'13" EAST, 2368.20 Page 287 of 373 FEET TO A LINE THAT IS 684.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 18/36 AND ITS EXTENSION SOUTHWESTERLY; THENCE SOUTH 07°02'11" WEST ON SAID LINE, 1258.31 FEET TO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF THE CANADIAN NATIONAL RAILROAD; THENCE NORTH 89°12'44" WEST ON SAID NORTHERLY RIGHT-OF-WAY LINE, 1535.05 FEET; THENCE WESTERLY ON SAID NORTHERLY RIGHT-OF-WAY LINE BEING A 2370.51 FOOT RADIUS CURVE CONCAVE NORTHERLY AND HAVING A 423.99 FOOT LONG CHORD BEARING NORTH 86° 21' 44" WEST, A DISTANCE OF 424.56 FEET (ARC LENGTH); THENCE WESTERLY ON SAID NORTHERLY RIGHT-OF-WAY LINE BEING A 2557.26 FOOT RADIUS CURVE CONCAVE NORTHERLY AND HAVING A 272.51 FOOT LONG CHORD BEARING NORTH 80°04'57" WEST, A DISTANCE OF 272.63 FEET (ARC LENGTH) TO THE POINT OF BEGINNING. CONTAINING 2865.228 SQUARE FEET OF 65.78 ACRES. AND 1 THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NO. 32, TOWNSHIP NO. 90 NORTH, RANGE NO. 13 WEST OF THE 5TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE EAST 20 RODS, THENCE NORTH 8 RODS, THENCE WEST 20 RODS, THENCE SOUTH 8 RODS TO THE POINT OF BEGINNING. EXCEPT THE WEST 33.00' RIGHT OF WAY THEREOF. AND 2 THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NO. THIRTY-TWO (32), TOWNSHIP NO. NINETY (90) NORTH, RANGE NO. THIRTEEN (13) WEST OF THE FIFTH (5TH) PRINCIPAL MERIDIAN, BLACK HAWK COUNTY, IOWA. EXCEPT THE WEST 33.00' RIGHT OF WAY THEREOF. Page 288 of 373 CITY OF WATERLOO, IOWA ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4312 Fax (319) 291-4262 Email: city.engineer@waterloo-ia.org JAMIE KNUTSON, PE • City Engineer August 3, 2020 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT WATERLOO AIR & RAIL PARK Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, Dennis J. Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 289 of 373 CITY OF WATERLOO Council Communication Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-3(D), Application Procedure and Requirements, as it relates to the approval of the final plat of Waterloo Air and Rail Park 1st Addition. City Council Meeting: 8/17/2020 Prepared: 8/12/2020 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Legal Descriptions: Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-3(D), Application Procedure and Requirements,. as it relates to the approval of the final plat of Waterloo Air and Rail Park 1st Addition. Submitted By: Noel Anderson, Community Planning and Development Director Approval The variance is needed because they are asking for approval of the preliminary and final plat at the same time, whereas the Subdivision Ordinance requires approval of the preliminary plat prior to submittal of the final plat. Originally the Preliminary Plat was set to be on the City Council agenda for August 10th however, due to that meeting being cancelled the preliminary plat was moved to the same meeting as the Final Plat requiring the variance. None N/A Subdivision Ordinance The City of Waterloo is requesting approval of the preliminary of Waterloo Air & Rail Park and the final plat of Waterloo Air & Rail Park 1st Addition. Page 290 of 373 CITY OF WATERLOO Council Communication Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road. City Council Meeting: 8/17/2020 Prepared: 8/10/2020 ATTACHMENTS: Description Type D Council Packet Backup Material ❑ Legal Description Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air and Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road. Submitted By: Noel Anderson, Community Planning and Development Director The Planning and Zoning Commission unanimously recommended approval of the Final Plat request at their regular meeting on August 4, 2020. Therefore, staff recommends that the request for the final plat of Waterloo Air and Rail Park 1st Addition be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request will create new infill lots in a developed part of the city. 4. Will put three acres of land and subsequent homes on the tax rolls. Transmitted herewith is a resolution approving a request by the City of Waterloo for the Final Plat of Waterloo Air & Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, Cedar Falls. Included are the following: • Staff report • Overview Map • Final Plat • Deed of Dedication • Contract/Petition and Waiver • Certificate of Survey • Report of City Engineer Expenditure Required: None Page 291 of 373 Source of Funds: N/A The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is part of the Waterloo Regional Airport and is in close proximity the North Cedar Falls Industrial Park. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Leversee Road which is a Collector, and West Airline Highway which is Minor Arterial. The area is also served by Lone Tree Road, a collector which connects to US Highway 218, a principal arterial. The nearest trail is the Lone Tree Road Trail which is located 1 mile to the west. The Cedar Valley Lakes trail which is located 1.70 miles to the south. There are no sidewalks in the area. The area of the proposed plat is zoned "M-2,P" Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South— Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture zoned by the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. Residences built between 1930 and 1966. No buffers would be required as a part of this plat request. A drainage plan will need to be submitted to Engineering when buildings are constructed. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Numbers 0166F, 0158F and 0167F dated July 18, 2011. Lincoln Elementary School is located 3.94 miles to the southeast, George Washington Carver Academy and Central Middle Schools are located 4.66 miles to the southeast and south respectively, and East High School is located 6.01 miles to the southeast. The nearest open space is Big Woods Lakes Recreation area located one mile to the west and George Wyth State Park is located 1.79 miles to the south. There are currently no utilities in the plat area; however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The applicant is requesting the Final Plat of Waterloo Air and Rail Park 1st Addition. The plat includes 3 lots: Lot 8 and 9 are 3.44 acres with lot 10 being 4.74 acres. There are two tracts included in the plat: Tract "A" is 1.41 acres and is right of way for WARP Drive and Tract "B" is 22.11 acres which is a permanent and temporary storm water management and reserves for future development. The lots will need to be renumbered as lots 1,2 & 3. Page 292 of 373 Background Information: All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning which limits the height of buildings in the area. The Waterloo Air and Rail Park would include 12 lots and 10 Tracts. The proposed lot sizes are: lot 1 4.37 acres, lot 2 4.85 acres, lot 3 5.15 acres, lot 4.46 acres, lot 5 4.49 acres, lot 6 4.43 acres, lot 7 34.28 acres, lot 8 3.44 acres, lot 9 3.44 acres, lot 10 4.74 acres, lot 11 32.09 acres, and lot 12 27.60 acres for a total of 133.34 acres of lots. The proposed tract sizes are: Tract "A" 16.06 acres, Tract "B" 22.11 acres, Tract "C" 6.64 Acres, Tract "D" 4.11 acres, Tract "E" 38.18 acres, Tract "F" 23.60 acres, Tract "G" 10.59 acres, Tract "H" 3.14 acres, Tract "I" 11.11 acres, Tract "J" 38.38 acres for a total of 173.91 acres of land dedicated to tracts. Tract "A" is designated for road and rail right-of-way; Tract "B" is reserved for permanent and temporary storm water management and reserved for future development; Tracts "C", "D" and "E" are reserved for storm water management and Tracts "E" and "F" are reserved for temporary storm water management and reserved for future development; Tract "H" is reserved for planned sanitary sewer lift station and storm water management; Tract "I" Reserved for future development and Tract "J" is reserved for rail and utility access, storm water management, and future development. The Final Plat was originally recommended for approval by the Planning, Programming and Zoning Commission on May 7, 2019 but was not forwarded to city council due to items that need to be addressed. Those items have now been addressed but because more than one year has passed since it originally went through PZ it must return to the commission for a recommendation. The Planning Programming and Zoning Commission voted 6-0 at their August 4, 2020 meeting to recommend approval of the final plat. The Preliminary Plat includes the following items: 1) legal description 2) property lines: dimensions 3) date 4) easements 5) right-of-way 6) property lot sequence which will need to be changed 7) adjoining subdivisions. Building setback lines will be set during the Site Plan review process. The Deed of Dedication for the project has been received. Engineer's Certificate of Survey will need to be submitted before forwarding the item to city council. Therefore, staff recommends that the Final Plat for Waterloo Air and Rail Park 1st Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. Page 293 of 373 Legal Descriptions: 3. The plat will create an additional infill development site in the Primary Growth Area. WATERLOO AIR AND RAIL PARK BLACK HAWK COUNTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32; THENCE, N88°36'54"E 33.00' TO A POINT ON THE EAST LINE OF THE PRESENTLY ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, N1°21'26"W 655.19' ALONG SAID RIGHT OF WAY TO A POINT ON A LINE THAT IS 1002.00' SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30 AND ITS EXTENSION NORTHWESTERLY; THENCE, S52°57'23"E 1314.02' ALONG SAID PARALLEL LINE; THENCE, SO°20;23"E 1095.41'; THENCE, S89°21'21"W 1009.80' TO A POINT ON THE EAST RIGHT OF WAY OF SAID LEVERSEE ROAD; THENCE, Nl°23'06"W 1243.70' ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 35.14 ACRES INCLUDING 1.41 ACRES OF FUTURE ROAD RIGHT OF WAY Page 294 of 373 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: August 4, 2020 Request by the City of Waterloo for the Final Plat of Waterloo Air & Rail Park 1st Addition, a 3-lot commercial subdivision located east of 2510 Leversee Road, Cedar Falls. City of Waterloo, 715 Mulberry, Waterloo, IA 50703 The applicant is requesting to final plat of Waterloo Air and Rail Park 1st Addition a 3-lot commercial subdivision. The request would not appear to have a negative impact on the surrounding neighborhood or land use as the area being platted is part of the Waterloo Regional Airport and is in close proximity the North Cedar Falls Industrial Park. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by Leversee Road which is a Collector, and West Airline Highway which is Minor Arterial. The area is also served by Lone Tree Road, a collector which connects to US Highway 218, a principal arterial. The nearest trail is the Lone Tree Road Trail which is located 1 mile to the west. The Cedar Valley Lakes trail which is located 1.70 miles to the south. There are no sidewalks in the area. The area of the proposed plat is zoned "M-2,P" Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District East — Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture zoned by the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. Residences built between 1930 and 1966. No buffers would be required as a part of this plat request. A drainage plan will need to be submitted to Engineering when buildings are constructed. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel East of 2510 Leversee Road — Final Plat WARP 1st Addition psge 295 of 373 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS - ZONING ORDINANCE: August 4, 2020 Numbers 0166F, 0158F and 0167F dated July 18, 2011. Lincoln Elementary School is located 3.94 miles to the southeast, George Washington Carver Academy and Central Middle Schools are located 4.66 miles to the southeast and south respectively, and East High School is located 6.01 miles to the southeast. The nearest open space is Big Woods Lakes Recreation area located one mile to the west and George Wyth State Park is located 1.79 miles to the south. There are currently no utilities in the plat area; however utilities are going to be extended to serve the development. The Future Land Use Map designates this area as Industrial. The proposed plat conforms to the Future Land Use Map and Comprehensive Plan. The applicant is requesting the Final Plat of Waterloo Air and Rail Park 1st Addition. The plat includes 3 lots: Lot 8 and 9 are 3.44 acres with lot 10 being 4.74 acres. There are two tracts included in the plat: Tract "A" is 1.41 acres and is right of way for WARP Drive and Tract "B" is 22.11 acres which is a permanent and temporary storm water management and reserves for future development. The lots will need to be renumbered as lots 1,2 & 3. All buildings developed will need to meet the requirements of the Waterloo Regional Airport Overlay Zoning which limits the height of buildings in the area. The Waterloo Air and Rail Park would include 12 lots and 10 Tracts. The proposed lot sizes are: lot 1 4.37 acres, lot 2 4.85 acres, lot 3 5.15 acres, lot 4.46 acres, lot 5 4.49 acres, lot 6 4.43 acres, lot 7 34.28 acres, lot 8 3.44 acres, lot 9 3.44 acres, lot 10 4.74 acres, lot 11 32.09 acres, and lot 12 27.60 acres for a total of 133.34 acres of lots. The proposed tract sizes are: Tract "A" 16.06 acres, Tract "B" 22.11 acres, Tract "C" 6.64 Acres, Tract "D" 4.11 acres, Tract "E" 38.18 acres, Tract "F" 23.60 acres, Tract "G" 10.59 acres, Tract "H" 3.14 acres, Tract "I" 11.11 acres, Tract "J" 38.38 acres for a total of 173.91 acres of land dedicated to tracts. Tract "A" is designated for road and rail right-of-way; Tract "B" is reserved for permanent and temporary storm water management and reserved for future development; Tracts "C", "D" and "E" are reserved for storm water management and Tracts "E" and "F" are reserved for temporary storm water management and reserved for future development; Tract "H" is reserved for planned sanitary sewer lift station and storm water management; Tract "I" Reserved for future development and Tract "J" is reserved for rail and utility access, storm water management, and future development. East of 2510 Leversee Road - Final Plat WARP 1st Addition Pscgr295 of 373 August 4, 2020 The Final Plat was originally recommended for approval by the Planning, Programming and Zoning Commission on May 7, 2019 but was not forwarded to city council due to items that need to be addressed. Those items have now been addressed but because more than one year has passed since it originally went through PZ it must return to the commission for a recommendation. STAFF ANALYSIS — The Preliminary Plat includes the following items: SUBDIVISION ORDINANCE: 1) legal description 2) property lines: dimensions 3) date 4) easements 5) right-of-way 6) property lot sequence which will need to be changed 7) adjoining subdivisions. Building setback lines will be set during the Site Plan review process. The Deed of Dedication for the project has been received. Engineer's Certificate of Survey will need to be submitted before forwarding the item to city council. STAFF Therefore, staff recommends that the Final Plat for Waterloo Air RECOMMENDATION: and Rail Park 1st Addition be approved for the following reasons: 1. The plat should not have a negative impact on the surrounding area. 2. The plat should not have a negative impact on traffic conditions in the area. 3. The plat will create an additional infill development site in the Primary Growth Area. East of 2510 Leversee Road — Final Plat WARP 1st Addition PSgEP299 of 373 City of Waterloo Planning, Programming and Zoning Commission August 4, 2020 ti_.._..: i i i W. WASHINGTONST 1 WAIRLINE HWY \�BR04,014/4 y., \ ST ),\N NE of 2510 Leversee Road Final Plat City of Waterloo Page 298 of 373 City of Waterloo Planning, Programming and Zoning Commission August 4, 2020 NE of 2510 Leversee Road Final Plat City of Waterloo Page 299 of 373 z co 00 VICINITY MAP SHEET INDEX SURVEYOR AND ENGINEER LU U r 2 d m J r Z I— Li N LL W W 2 2 UU OWNERS OF RECORD ZONING INFORMATION: CURRENT: M-2,P (PLANNED LIGHT INDUSTRIAL) LOT TABLE z 8 W m z a Cr Z ( V Z aj z� 0> FZ Nr SURVEY REQUESTED BY: PREPARED DATE: O m W cc O CD • N o 0°CO N CO 0 • cri a 0000�N Q 00 81'188 gg ✓ r 5 o_ LLJ via ar c7cip 03 J 0 0 W ❑ w z z rz CC D CO 0 0 0 Z O Q Q CO W J m Q Z <0Z 0 Z V W J w CC N ❑ 0 N Z = �a 0 r O mU U Z ZO W I- m W W D D2`='Z5 UZa)O co Z Z 000 cc2 3 co 2W w WWDZ J Cr a[m 0 < p 03 0 w U UQ r O Z ZO J O N z ZCr O x�k Z Zp J WCC O w Q 0ON Q ❑ 0 0 a w- 1 < • 0 ✓ gZ MW COO J 0 0 O 0 ❑ ✓ 0 Lu w= Z • W ❑ W 0 zQ 2 2 >QO 3 0 3ZW 2 W W ❑ Lu 1—W ZW cc z Q W 0 O a> 2 CC co 0 2 W W 5!n OW W Q °�a2 Lu ❑ O =J cc ❑I co �Qr cC°a WO pOp 2 2 Q Z W Z 00I< ZmH < ❑W Jm� 00> acoW Lu L2+ia>[O Cr j0_Z 0W 0 U_ m 0 0 2 rO W ¢ m 2 • moo= m0_1 U rrI p Q O J Q J O Q Q r ��3 U ¢W¢s I -I - T RECORDED AS LEGAL DESCRIPTION W (03 ❑ iV r Z Z Z o 2 y U i— Z F OW �O WJ WzZ OWa 0Wa EL • O iL. i Luc ji. 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It is recommended that this final plat be approved. Sincerely, Dennis J. Gentz, P.E. Assistant City Engineer WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 302 of 373 Waterloo Air and Rail Park — 1 St Addition Final Plat Looking southeast along the airport fenceline from the north point of the plat. Looking south from the north point of the plat. Looking south on Leversee Road from Lone Tree Road. Looking west on Lone Tree Road from Leversee Road. Page 303 of 373 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): c".,1--1.-A c (orKL,12-0 Address: 7 f S >m/Q2-i 6-1 Phone: 3 j `c .-L/ 3 6,City: (A A-7 ceu.00 State: t Zip: 70'3 b. Status of Applicant: (a) Owner, (b) Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above (please print): Address: Phone: City: State: Zip: 2. PREPARER INFORMATION: a. Preparer's Business Name (please print): Primary Preparer's Name: Phone: E-mail: 3. PROPERTY INFORMATION: a. Name of Plat: (),Tri f :0r0 4-I 2 4— ' J I L P IC 1 S7 1.Y)0171 0-r.) b. General Location of Property: NC Of ag 10 1 C.Q0/X-P7(A.S c. Area of Proposed Plat: d. Area of Proposed Plat to be dedicated/conveyed to the City: e. Value of area to be dedicated/conveyed to the City: f. Zoning District(s): 4. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z ' City Council b. Six (6) copies of the Final Plat which are in con ormance with Section 11-3-3 of the Subdivision Ord. (also submit a digital copy of the plat in PDF format) c. Three (3) copies of Deed of Dedication (must be original signatures) d. Three (3) copies of all Contract, Petition and Waiver forms (must be original signatures) e. Three(3) copies of Certificate of Survey (must be original signatures) 5. PUBLIC IMPROVEMENTS a. Costs for any public improvements: Estimate Actual Total Cost Storm Sewer $ Sanitary Sewer $ Paving $ Land Dedicated $ TOTAL $ r'v)-a, e The Request Fee of $215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and penalty of perju .11 information on this request and submitted along with it is true and correct. All information will be used by t . c ' lanning, Programming, and Zoning Commission an Waterloo City Council in making their isjon. The rite City Zoning Officials to enter the property in estio ards to the request. Signature of Applicant Date Signature of Owner Date Page 304 of 373 WATERLOO AIR AND RAIL PARK BLACK HAWK COUNTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IA MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32; THENCE, N88°36'54"E 33.00' TO A POINT ON THE EAST LINE OF THE PRESENTLY ESTABLISHED RIGHT OF WAY OF LEVERSEE ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE, N1°21'26"W 655.19' ALONG SAID RIGHT OF WAY TO A POINT ON A LINE THAT IS 1002.00' SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RUNWAY 12/30 AND ITS EXTENSION NORTHWESTERLY; THENCE, S52°57'23"E 1314.02' ALONG SAID PARALLEL LINE; THENCE, SO°20;23"E 1095.41'; THENCE, S89°21'21"W 1009.80' TO A POINT ON THE EAST RIGHT OF WAY OF SAID LEVERSEE ROAD; THENCE, N1°23'06"W 1243.70' ALONG SAID EAST RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING 35.14 ACRES INCLUDING 1.41 ACRES OF FUTURE ROAD RIGHT OF WAY. Page 305 of 373 CITY OF WATERLOO Council Communication Resolution concurring with the determination of City Planner that the proposed change to the approved site plan within an "M-2,P" Planned Industrial District for the construction of a 162,885-square-foot industrial building, 6,283-square-foot office area and 10,194-square-foot vehicle maintenance shop, located east of 1994 Newell Street, is minor, and shall be approved as a Minor Site Plan Amendment. City Council Meeting: 8/17/2020 Prepared: 8/12/2020 ATTACHMENTS: Description Type ❑ Original Site Plan Backup Material ❑ Amended Site Plan Backup Material u August 2020 amended site plan Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution concurring with the determination of City Planner that the proposed change to the approved site plan within an "M-2,P" Planned Industrial District for the construction of a 162,885-square-foot industrial building, 6,283-square-foot office area and 10,194-square-foot vehicle maintenance shop, located east of 1994 Newell Street, is minor, and shall be approved as a Minor Site Plan Amendment. Submitted By: Noel Anderson, Community Planning and Development Director Approval The approved site plan showed the maintenance building to the northeast of the main warehouse, a amended site plan showed the building moved to the northwest of the main warehouse however, the company is requesting that the building be moved to the southeast of the main warehouse building. There is no change to the size of the building. Staff feels that the change in location of the building is a minor change to the originally approved site plan and this should be considered as a minor site plan amendment, therefore requesting concurrence from the City Council that they agree with such determination by staff. None N/A Economic Development and Land Use A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER, A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST Page 306 of 373 Legal Descriptions: QUARTER, A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, ALL OF SECTION 20, AND A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, ALL OF TOWNSHIP 89 NORTH, RANGE 12 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: Commencing at the Northwest Corner 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 Corner of the West 194.40 feet of the Northwest Quarter of said Northwest Quarter, and the POINT OF BEGINNING; Thence continuing N89°37'44"E, along said North Line, 1438.95 feet, to its intersection with the Northwesterly Projection of the Westerly Line of Northeast Industrial Park Plat No. 1, in accordance with the Recorded Plat thereof; Thence S21°11'38"E, along said Northwesterly Projection and Westerly Line, 418.76 feet; Thence S00°25'27"E, along said Westerly Line, 429.01 feet; Thence S 17°25'06"E, along said Westerly Line, and the Westerly Line of Northeast Industrial Park Plat No. 3, a distance of 381.06 feet, to the Northern most corner of Parcel "D", in accordance with the Recorded Plat thereof; Thence S07°22'08"E, along the West Line of said Parcel "D", 616.47 feet, to the Southern most corner thereof, and a Point on the Northerly Line of the Parcel depicted on the Acquisition Plat of Survey, as Recorded in CLD Book 671 at Page 953 of the Records of the Black Hawk County Recorder's Office; Thence N59°59'13"W, along said Northerly Line, 200.00 feet; Thence S30°00'47"W, along said Northerly Line, 15.00 feet; Thence N59°59'13"W, along said Northerly Line, 226.13(M) 224.55(R) feet; Thence Northwesterly 927.38 feet, along said Northerly Line, and the Northerly Line of the Parcel 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, on a 1074.93 foot radius curve, concave Southwesterly, whose 898.88 foot chord bears N84°42'08"W; Thence S36°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, 137.26 feet; Thence S64°22'40"W, along said Northerly Line, 391.07 feet, to the Southwest Corner of Parcel No. 1, as Recorded in LD Book 572 at Page 364 of the Records of the Black Hawk County Recorder's Office; Thence N00°58'42"W, along the West Line of said Parcel No. 1, a distance of 586.87 feet, to the Northwest Corner thereof; Thence N88°46'24"E, along the North Line of said Parcel No. 1, a distance of 29.87 feet; Thence N89°37'11"E, along said North Line of Parcel No. 1, a distance of 194.41 feet; Thence N00°58'42"W, along said North Line, and the East Line of the West 194.40 feet of the Northwest Quarter of the Northwest Quarter of said Section 20, a distance of 1325.52 feet, to the Point of Beginning. Said Tract of Land contains 61.03 Acres, and is subject to easements and restrictions of record. Page 307 of 373 .ORNER 9N-R12U1 G POINT OF BEGINNING N89'37'44'E N88'46'24"E 29.87'(R)(M)7 V V co co M„Zti,2S.00N M„Zti,8S.00N 194.41' `J v O v 6 r _,S9 ' N 0 N89'37'11 "E 194.41'(R)(M) x x M — TRACT 'C' WETLAND CONSERVATION AREAS 156,437 SF 3.59 AC OHE — OHE rUt3LIC: HUH I Ur WAY PROPOSE BASIN 1111111. 1111111, 1111111, 1111111, 1111111, 1111111, OHE — — — — OHE - dM G N69"S/ 44-t 72,410 SF - _ PROPOSED BASIN N_- PROPOSED gffigSF PROPOSED WAREHOUSE 187,500 SF FFE=889.00 1,197,526 SF 27.49 AC FUTURE EXPANSION WAREHOUSE 62,518 SF PROPOSED BASIN Page 308 of 373 PROPED 60' SANITY SEWER AND WATER MAIN EA EMENT PROPOSED 60' SANITARY SEWER AND WATER MAIN EASEMENT 3'(R)(M) 31.76'(R)(M) T=116.36' C=231.28' CB=S61 °11'41 "W HE — — — —OHE ACQUISITION PLAT PARCEL NO. 2 WETLAND CONSERVATION AREAS )3OOK LD 572 AT PASS 364 OHE — — — —OHE — WE WE PROP BA PROP SEP BA IN: WELL ornEE PROPOSED BASIN FUTURE BUILDING 75,000 SF ACQUISITION PLAT a4 MARTIN LUTHER KING JR. DRIVE RISIIT—OF—WAR=1074.93'(R)(M) BOOK LID 572 AT PAGE 367 L=927.37' T=494.76' C=898.88' CB=N84'42'08"W W 312,108 SF 7.17 AC G 499.70 S89°37'53"W E FUTURE BUILDING 75,000 SF 419,082 SF 9.62 AC FUTURE BASIN G WE G WE 0 10 25 50 75 100 GRAPHIC SCALE IN FEET 1"=100' WE NORTH LINE OF THE NORTH 112 OF THE NW 1\4 OF SECTION 20 TRACT "B" WETLAND CONSERVATION AREAS 500,977 SF 11.50 AC DRAINAGE EASEMENT MARTIN LUThER KI f5OOK OLD 6 ACQUISITION PLAT WETLAND CONSERVATION AREA 'OOK OLD 671 AT PAGE 951 SITE PLAN CON-TROL, WATERLOO, IA LOT 1, NORTHEAST INDUSTRIAL PARK PLAT NO.4 WATERLOO, BLACK HAWK COUNTY, IOWA I \ 0 0 0 IV cn r. L 4, N co 0 mL- n�° PARK F O\� O \ rn \ \C I \ 1 \ I C- \ S32°35'40"E 75.76' • �1C PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IOWA 52240 APPLICANT: BUILD TO SUIT, INC. 1805 STATE STREET, SUITE 101 BETTENDORF, IOWA 52722 STANDARD LEGEND AND NOTES —EXIST— 4O° O X (R) 22-1 —PROP— e O E T X G PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT—OF—WAY LINES — EXISTING RIGHT—OF—WAY LINES CENTER LINES EXISTING CENTER LINES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED — PROPOSED EASEMENT LINES — EXISTING EASEMENT LINES — BENCHMARK — RECORDED DIMENSIONS — CURVE SEGMENT NUMBER — POWER POLE — POWER POLE W/DROP — POWER POLE W/TRANS — POWER POLE W/LIGHT — GUY POLE — LIGHT POLE — SANITARY MANHOLE — FIRE HYDRANT — WATER VALVE — DRAINAGE MANHOLE — CURB INLET FENCE LINE EXISTING SANITARY SEWER — PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER WATER LINES ELECTRICAL LINES TELEPHONE LINES GAS LINES — CONTOUR LINES (1' INTERVAL) — PROPOSED GROUND — EXISTING TREE LINE — EXISTING DECIDUOUS TREE & SHRUB — EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. 1 v S 0 NORTHEAST INDUSTRIAL PARK PLAT NO. 4 111 1E1: 'I'llM 11111111 1 WATERLOO, BLACK HAWK COUNTY, IOWA LOCATION MAP NOT TO SCALE WELLST. ZONING REQUIREMENTS EXISTING ZONING: M-2, P (PLANNED INDUSTRIAL) PROPOSED ZONING: NO CHANGE BUILDING SETBACK LINES SHALL BE DETERMINED THROUGH PLAN REVIEW PER CITY ZONING ORDINANCE, CHAPTER 21, SECTION 10-21-1.C.2 LEGAL DESCRIPTION LOT 1 OF NORTHEAST INDUSTRIAL PARK PLAT NO. 4, WATERLOO, IOWA, IN ACCORDANCE WITH THE RECORDED PLAT THEREOF, CONTAINING 27.49 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PROPOSAL APPLICANT PLANS TO DEVELOP A 27.49 ACRE LOT TO CONTAIN 193,826 SF INDUSTRIAL WAREHOUSE/OFFICE BUILDING AND 10,194 SF MAINTENANCE BUILDING. APPLICANT PLANS TO BEGIN CONSTRUCTION IN JUNE 2019, LASTING THRU AUGUST 2020. *SEE ARCHITECTURAL PLANS FOR COVENANTS DEVELOPMENT CHARACTERISTICS LOT I : ZONING: M-2, P LOT CHARACTERISTICS LOT AREA LOT 1 BUILDING AREA(BA) LOT 1 PAVING AREA — PARKING(PA) LOT 1 GREEN SPACE AREA PARKING REQUIREMENTS: WAREHOUSE 1 SPACES REQUIRED PER 2 REG EMPL SPACES OFFICE 1 SPACE REQUIRED PER 300 VEHICLE MAINT 1 SPACE REQUIRED PER 500 1,197,526 SF (100%) 204,160 SF (17.0%) 389,426 SF (32.5%) 603,940 SF (50.5%) (73 EMPL x 0.5) 37 (6,326 SF / 300) 21 SPACES (10,194 SF /500) 20 SPACES TOTAL SPACES REQUIRED ON —SITE PARKING PROVIDED 78 SPACES REQUIRED 141 SPACES TOTAL SPACES PROVIDED REQUIRED BUILDING SETBACKS M-2, P NEWELL ROAD FRONT YARD SIDE YARD REAR YARD MAXIMUM BUILDING HEIGHT 25 FEET 25 FEET 10 FEET 25 FEET 5 STORIES OR 50 FEET 141 SPACES PROVIDED UTILITIES THE CONTRACTOR SHALL NOTIFY IOWA ONE CALL NO LESS THAN 48 HRS. IN ADVANCE OF ANY DIGGING OR EXCAVATION. IOWA ONE CALL. CALL - BEFORE - YOU - DIG 800/292-8989' WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS OR ENCOUNTERED WITHIN THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. IT IS POSSIBLE THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN OR SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT LOCATION AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL BE ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. J JIM D. ELLIS 15557 oiinai ilW iim0000� SEAL I hereby certify that this engineering docu me or under my direct supervision an Professional Engineer under the la was prepared by am a duly licensed State of Iowa. 20_ JIMD. ELLIS, n ` P.E. Iowa Lic. No. 15557 e'.er 31, 20_ es. sheets covered by this seal: I O lD IE lR,IN E IG0.11 II —II II 11IE C —1I— S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS ARCHITECTS SPECIALISTS ENVIRONMENTAL • M MLANDSCAPE 1917S. GILBERT IOWA CITY, IOWA 5224040 (319)351-8282 www.mmsconsuItants.net 1. LOGO. 1 CON ►TROL CONTAINER CONTROL SYSTEMS A DIVISION OF MATCON _J /OWNER/ADDRESS CO\-TROL WATERLOO, IA / -- SEAL. / -- DRAWING ISSUE INFORMATION ISSUE: DATE: 04/16/19 MARK DATE DESCRIPTION / JOB NO: D-288-18 DRAWN BY: JET CHECKED BY: PROJECT ARCHITECT: JET / THE INFORMATION CONTAINED HEREIN IS OF A PROPRIETARY NATURE AND IS SUBMITTED IN CONFIDENCE FOR USE BY THE CLIENTS OF MODERN DESIGN ARCHITECTS, INC. ONLY. THE USE OF THESE DOCUMENTS FOR ANY OTHER PROJECTS, PURPOSE, LOCATION, PUBLICATION, REPRODUCTION OR DISTRIBUTION IN WHOLE OR PART, BY ANY INDIVIDUAL OR ORGANIZATION WITHOUT WRITTEN PERMISSION FROM MODERN DESIGN ARCHITECTS, INC. IS PROHIBITED. THE INFORMATION HEREIN REMAINS THE PROPERTY OF MODERN DESIGN ARCHITECTS, INC. AND ITS USE OR DISCLOSURE TO OTHERS IS PROHIBITED FOR ANY USE NOT \AUTHORI7FD BY MODERN DESIGN ARCHITECTS, INC. SHEET TTLE. OVERALL SITE PLAN SHEET C NO. / -- G:1733117331-0491const17331-049Y.dwg, 4/16/201912:30: ;ORNER 9N-R12W 0 N88'46'24"E 29.87'(R)(M J coco 0000 N00'58'42"W G POINT OF BEGINNING / z 1- w 00 00 wz 0 0) CV cn M H w 0 x w z J H wy N8917'11 "E 194.41'(R)(M) LOT 4 CONSERVATION PARCEL 162,902 SF 3.74 AC / HE -OHE OHE - - nay-- �_ 0 ��idf -il : �`�r - : bW 1bW 1bW C' . - �� �: NIEWELL 67HIEE7 / 1� _ 20' UTILITY EASEMENT`. 0 2 0 Page 309 of 373 w 0 GO UJ = W O O=co �wco CDCC Q(V D_ PROPOSED 60' SANITARY SEWER AND WATER MAIN EASEMENT -'KUF'u EU bU SANITANY SLtlEj AND WATER MAIN EASEMENT 0 31.76'(R)(M) T=116.36' C=231.28' CB=S6111'41"W A=4 C, 299,212 SF 6.87 AC 407,935 SF 9.36 AC R=1074.93'(R)(M) L=927.37' T=494.76' C=898.88' CB=N84'42'08"W SITE PLAN CON-TROL, WATERLOO, IA LOT 1, NORTHEAST INDUSTRIAL PARK PLAT NO.4 WATERLOO, BLACK HAWK COUNTY, IOWA 1bW G 16W G PROPOSED 20' SANITARY SEWER EASEMENT 1 blA� TRACT ' B" CONSERVATION PARCEL DRAINAGE EASEMENT 500,977 SF 11.50 AC \ \ PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IOWA 52240 APPLICANT: BUILD TO SUIT, INC. 1805 STATE STREET, SUITE 101 BETTENDORF, IOWA 52722 co c0 0 S30'006'WW 00'(R)(fvv r L---- i i-- 0 10 25 50 75 100 GRAPHIC SCALE IN FEET 1"=100' SHEET INDEX C1.0 - OVERALL SITE PLAN C1.1 - SITE LAYOUT AND DIMENSION PLAN C2.0 - DEMOLITION PLAN C3.0 - SITE EROSION CONTROL AND SWPPP PLAN C4.0 - GRADING PLAN C5.0 - STORM SEWER UTILITY PLAN C5.1 - SANITARY SEWER AND WATER MAIN UTILITY PLAN C6.0 - LANDSCAPE PLAN C7.0 - GENERAL NOTES AND DETAILS C7.1 - GENERAL NOTES AND DETAILS C7.2 - GENERAL NOTES AND DETAILS C7.3 - GENERAL NOTES AND DETAILS STANDARD LEGEND AND NOTES -EXIST- C OO � 3o OO 71 (R) 22-1 -PROP- 8 0 x (( W E T G PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES RIGHT-OF-WAY LINES EXISTING RIGHT-OF-WAY LINES CENTER LINES EXISTING CENTER LINES LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED PROPOSED EASEMENT LINES EXISTING EASEMENT LINES BENCHMARK RECORDED DIMENSIONS CURVE SEGMENT NUMBER POWER POLE POWER POLE W/DROP POWER POLE W/TRANS POWER POLE W/LIGHT GUY POLE LIGHT POLE SANITARY MANHOLE FIRE HYDRANT WATER VALVE DRAINAGE MANHOLE CURB INLET FENCE LINE EXISTING SANITARY SEWER PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER WATER LINES ELECTRICAL LINES TELEPHONE LINES GAS LINES CONTOUR LINES (1' INTERVAL) PROPOSED GROUND EXISTING TREE LINE - EXISTING DECIDUOUS TREE & SHRUB - EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. BENCHMARK INFORMATION POINT ELEVATION DATUM DESCRIPTION V1 878.69 NAVD88 5/8" REBAR, FOUND ON TOP OF BERM 153'+/- W OF WEST BANK OF BLOWERS CREEK TO EAST OF THE SITE AND APPROXIMATELY 595'+/- S OF SOUTH EDGE OF PAVEMENT OF NEWELL STREET MMS POINT 206. HORIZONTAL CONTROL POINT NORTHING EASTING DESCRIPTION H1 3652288.98 5245309.68 LEAD PLUG IN CL OF NEWELL STREET 1,467' W OF E EDGE OF BRIDGE OVER BLOWERS CREEK. MMS CONTROL POINT 202. H2 3652286.48 5246657.99 CUT AN "X" ON THE S SIDE OF NEWELL STREET APPROX. 119' WEST OF WEST EDGE OF BRIDGE OVER BLOWERS CREEK. MMS CONTROL POINT 204. V1 3651695.31 5246784.80 5/8" REBAR, FOUND ON TOP OF BERM 153'+/- W OF WEST BANK OF BLOWERS CREEK TO EAST OF THE SITE AND APPROXIMATELY 595'+/- S OF SOUTH EDGE OF PAVEMENT OF NEWELL STREET MMS POINT 206. H3 3650501.68 5247287.95 1/2" PIN NO CAP, FOUND 19' EAST AND 177' SOUTH OF SOUTH EDGE OF PARKING LOT EAST OF SITE AND NORTH OF MARTIN LUTHER KING JR PARKWAY. MMS CONTROL POINT 208. H4 3650376.67 5245312.45 1/2" PIN NO CAP, FOUND 219' WEST AND 58' SOUTH OF THE WEST MOST CORNER OF CONCRETE AROUND THE BENCH SW CORNER OF SITE AND NORTH OF MARTIN LUTHER KING JR PARKWAY. MMS CONTROL POINT 225. NORTHEAST INDUSTRIAL PARK PLAT NO. 4 WATERLOO, BLACK HAWK COUNTY, IOWA -L s 0 Ur •I W• NEWELL ST. 'ja 1SV2Hl lON 1 _ • -_ Dom' • :-i9:_fire# pt � :I III I11 II T1Tr,1 10- LOCATION MAP NOT TO SCALE ZONING REQUIREMENTS EXISTING ZONING: M-2, P (PLANNED INDUSTRIAL) PROPOSED ZONING: NO CHANGE BUILDING SETBACK LINES SHALL BE DETERMINED THROUGH PLAN REVIEW PER CITY ZONING ORDINANCE, CHAPTER 21, SECTION 10-21-1.C.2 LEGAL DESCRIPTION PROPOSAL APPLICANT PLANS TO DEVELOP A 27.89 ACRE LOT TO CONTAIN 169,168 INDUSTRIAL WAREHOUSE/OFFICE BUILDING AND 10,194 SF MAINTENANCE BUILDING. APPLICANT PLANS TO BEGIN CONSTRUCTION IN AUGUST 2019, LASTING THRU AUGUST 2020. *SEE ARCHITECTURAL PLANS FOR COVENANTS SF DEVELOPMENT CHARACTERISTICS LOT I : ZONING: M-2, P LOT CHARACTERISTICS LOT AREA LOT 1 BUILDING AREA(BA) LOT 1 PAVING AREA - PARKING(PA) LOT 1 GREEN SPACE AREA PARKING REQUIREMENTS: WAREHOUSE 1 SPACES REQUIRED PER 2 REG EMPL OFFICE 1 SPACE REQUIRED PER 300 VEHICLE MAINT 1 SPACE REQUIRED PER 500 1,215,104 SF (100%) 179,502 SF (14.8%) 326,490 SF (26.9%) 709,112 SF (58.4%) (73 EMPL x 0.5) (6,283 SF / 300) (10,194 SF /500) 37 SPACES 21 SPACES 20 SPACES TOTAL SPACES REQUIRED 78 SPACES REQUIRED ON -SITE PARKING PROVIDED 103 SPACES TOTAL SPACES PROVIDED 104 SPACES PROVIDED REQUIRED BUILDING SETBACKS NEWELL ROAD FRONT YARD SIDE YARD REAR YARD MAXIMUM BUILDING HEIGHT M-2, P 25 FEET 25 FEET 10 FEET 25 FEET 5 STORIES OR 50 FEET UTILITIES THE CONTRACTOR SHALL NOTIFY IOWA ONE CALL AT 811 OR 800/292-8989 NO LESS THAN 48 HRS. IN ADVANCE OF ANY DIGGING OR EXCAVATION. IOWA ONE CALL, WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS OR ENCOUNTERED WITHIN THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. IT IS POSSIBLE THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN OR SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT LOCATION AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL BE ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. \\OFE381041 BENJAMIN T. MITCHELL 23397 ipiiauni OW lAimvvvvvvv Ty SEAL I hereby certify that this engineering docu me or under my direct supervision and Professional Engineer under the la was prepared by am a duly licensed State of Iowa. 20 BENJAMIN T. MIT' B.L. _ P.E. Iowa Lic. No. 23397 a er 31, 20_ es or sheets covered by this seal: eA iciYD IE II.IN ifftE GI II II II II IL CO - II . S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS ARCHITECTS SPECIALISTS ENVIRONMENTAL M MLANDSCAPE 1917 S. GILBERT IOWA CITY, IOWA 5224040 (319) 351-8282 www.mmsconsultants.net LOGO. \ <tINk..+TROL AINER SION CONTROL SYSTEMS OF MATCON OWNER/ADDRESS CON- TOL- WATERLOO, IA J SEAL. \ DRAWING ISSUE INFORMATION ISSUE: PRICING SET DATE: 01 /10/20 MARK DATE DESCRIPTION J JOB NO: D-288-18 \ MMS 7331-049 DRAWN BY: JEB CHECKED BY: BTM THE INFORMATION CONTAINED HEREIN IS \ OF A PROPRIETARY NATURE AND IS SUBMITTED IN CONFIDENCE FOR USE BY THE CLIENTS OF MODERN DESIGN ARCHITECTS, INC. ONLY. THE USE OF THESE DOCUMENTS FOR ANY OTHER PROJECTS, PURPOSE, LOCATION, PUBLICATION, REPRODUCTION OR DISTRIBUTION IN WHOLE OR PART, BY ANY INDIVIDUAL OR ORGANIZATION WITHOUT WRITTEN PERMISSION FROM MODERN DESIGN ARCHITECTS, INC. IS PROHIBITED. THE INFORMATION HEREIN REMAINS THE PROPERTY OF MODERN DESIGN ARCHITECTS, INC. AND ITS USE OR DISCLOSURE TO OTHERS IS PROHIBITED FOR ANY USE NOT \AUTHORI7ED BY MODERN DESIGN ARCHITECTS, INC. / SHEET TTLE. OVERALL SITE PLA\ / SHEET NO. c 1 \\\J c 0 G:A7331\7331-049\const\7331-049Y.dwg, NORTHEAST INDUSTRIAL PARK PLAT NO. 4 WATERLOO, BLACK HAWK COUNTY, IOWA LOCATION MAP NOT TO SCALE SHRUB PLANTING DETAIL (DECIDUOUS AND EVERGREEN) N.T.S. ROOTBALL (CONTAINER GROWN) REMOVE ENTIRE CONTAINER BEFORE INSTALLATION EDGE OF SIDEWALK OR CURB 4" MINIMUM DEPTH SHREDDED HARDWOOD BARK MULCH BED PLANTING HOLE SHALL BE 2X DIAMETER OF ROOTBALL AND 6" MINIMUM DEEPER 1Y2 X MATURE DIAMETER OF SHRUB ON —CENTER SPACING (SEE PLAN OR PLANT LIST FOR SPACING) III III II ON —CENTER SPACING III_ III.III..III..III..III..III_ III.III..III III III ROOT BALL (BALL AND BURLAPED). CUT TWINE AND BURLAP FROM TOP 1/2 OF ROOTBALL AND REMOVE BEFORE INSTALLATION PLANTING TOPSOIL FOR BACKFILLING III TURF I /I,IV7qI 5" DEEP VERTICAL SPADE CUT EDGE FERTILIZER TABLETS (3) PER SHRUB SPACED EVENLY AROUND ROOTBALL EXISTING UNDISTURBED SUBGRADE V Z A 00 cfN z o 0 c� 00 o m CD U7 THE SUB -CONTRACTOR SHALL PROVIDE TRAFFIC CONTROL PER IDOT STANDARD ROAD PLAN TC-202 AND CITY OF WATERLOO REQUIREMENTS AT ALL TIMES DURING WORK WITHIN PUBLIC R.O.W. THE SUB -CONTRACTOR SHALL COORDINATE WITH UTILITY PROVIDERS FOR ANY REQUIRED RELOCATION OF EXISTING UTILITIES. SITE PLAN CON-TROL, WATERLOO, IA LOT 1, NORTHEAST INDUSTRIAL PARK PLAT NO.4 WATERLOO, BLACK HAWK COUNTY, IOWA TYPICAL TREE PLANTING DETAIL N.T.S. PRUNE BROKEN BRANCHES AS NECESSARY, MAX. 1/3 NARROW BRANCH UNION ANGLE WITH EVIDENCE OF INCLUDED BARK AND/OR BRANCH/TRUNK DIAMETER RATIO GREATER THAN 35 SHALL BE REJECTED. WOVEN NYLON TREE STRAPS, SIZE TO ALLOW 1.5"0 OF TRUNK GROWTH, PLACE AT 3 HEIGHT OF FIRST BRANCHING GALVANIZED AIRCRAFT —GRADE 16 GAUGE CABLES, ONLY TIGHT ENOUGH TO PREVENT SLIPPING; ALLOW SOME TREE MOVEMENT 2' — 6" STEEL "T" POST, STAKE PER STAKING ORIENTATION PLAN, REMOVE AFTER TWO GROWING SEASONS MULCHSAREA MIN. MIN. 3'' RADIUS IIINf TURF iIIIIIIIC 5" DEEP VERTICAL SPADE CUT EDGE STRIP SOD FROM UNDER MULCHED AREA FERTILIZER TABLETS (3) PER TREE SPACED EVENLY AROUND ROOTBALL CABLE STRAP STAKING ORIENTATION PLAN PLANT WITH BASE OF TREE A MIN. 1" ABOVE ADJACENT GRADE ENSURE ROOT FLARE IS VISIBLE REMOVE ALL TWINE AND STRAPS OR CUT AND FOLD WIRE BASKET AND CUT BURLAP FROM TOP 1/2 OF ROOTBALL 3" MINIMUM DEPTH SHREDDED HARDWOOD BARK MULCH, ENSURE ROOT FLARE IS VISIBLE SIDEWALK/PAVING 3" WATER RETENTION SOIL RING EXISTING UNDISTURBED SUBGRADE PLANTING MIX/NATIVE SOIL BACKFILL TREE PIT TO BE MINIMUM OF 2.5 X ROOT BALL DIAMETER SLANT AND ROUGHEN SIDES; INCREASE PIT DIAMETER IN HEAVY CLAY SOILS I PROTECTED CONSERVATION AREA CONTRACTOR SHALL NOT DISTURB Page 310 of 373 01 6 PREPARED BY: MMS CONSULTANTS INC. 1917 S. GILBERT STREET IOWA CITY, IOWA 52240 APPLICANT: BUILD TO SUIT, INC. 1805 STATE STREET, SUITE 101 BETTENDORF, IOWA 52722 LANDSCAPE LEGEND: 4' 'Y `. W W W W III!::=::I jI1111III jjjpI11 / — GRASS SEED WITH HYDRO MULCHING (4.3 AC) — WOOD MULCH (1070 SY) WET—MESIC NATIVE SEED MIX BY ION —EXCHANGE (2.7 AC) GRAND MEADOW MESIC NATIVE SEED MIX BY ION EXCHANGE (4.2 AC) 0 5 25 50 GRAPHIC SCALE IN FEET 1"=50' SHEET INDEX C1.0 - OVERALL SITE PLAN C1.1 - SITE LAYOUT AND DIMENSION PLAN C2.0 - DEMOLITION PLAN C3.0 - SITE EROSION CONTROL AND SWPPP PLAN C4.0 - GRADING PLAN C5.0 - STORM SEWER UTILITY PLAN C5.1 - SANITARY SEWER AND WATER MAIN UTILITY PLAN C6.0 - LANDSCAPE PLAN C7.0 - GENERAL NOTES AND DETAILS C7.1 - GENERAL NOTES AND DETAILS C7.2 - GENERAL NOTES AND DETAILS C7.3 - GENERAL NOTES AND DETAILS PLANT LIST - TREES 6?TY KEY r,GTANIGAL NAME COMMON NAME INSIZE COMMENT MATURE GC GARYA GORDIFORMIS INFTERNUT IIGKORY 2" GAL. N & 6 80 X 50 4 MG MALUS 'GORALNURST GORAL%URST GRANAPPLE I I/2"' GAL N & 6 25' X 25' 3 Me METASEOUOIA SLYPTOSTRONOIDES PAWN REDWOOD A' NT i & N 80' X 25" NS NYSSA SYLVATIGA NLAGK TUPELO 2"" GAL. N & N 50 X 30" 5 PA PIGEA ANIES NORWAY SPRUCE 3'-4IT. N & N 75' X 25' 12 pp PIGEA SLAUGA DENSATA PNLAGK HILLS SPRUCE 6' HT. N & N 40' X 15" PS PINUS STRONUS WHITE PINE A" IT. N & N 75' X 30 7 QR QUERGUS RU13RA RED OAK 2.." GAL f)&if;, 70X30 1 TA TILIA AMERIGANA AMERIGAN 6ASSWOOD 2" GAL if, & N 50' X 30" A ZS ZELKOVA SERRATA ZELKOVA TREE 2" GAL N & N 8O' X 50 PLANT LIST - ShRUF7S, PERENNIALS, ORNAMENTAL GRASSES & GROUNPGOVER qTY KEY NOTANIGAL NAME COMMON NAME INSTALL SIZE COMMENT MATURE SIZE Wxh 20 NS JUNIPERUS SOUAMATA 'NLUE STAR' GLUE STAR JUNIPER 15" NT. CONF. 3' X 4' 37 OK GALAMASROSTIS X AGUTIFLORA 'KARL FOERSTER" KARL FOERSTER FEATIER REED GRASS 12" NT. GONT. X 2" 7 NO FORSYTHIA OVATA EARLY FORSYTHIA 15"IT. GONT. A' X A' 7 TT TNUJA OGGIDENTALIS TEGINY' TEGINY ARNORVITAE 5" IT. N & N 15 X A' 2O VG VINURNUM TRILONUM 'COMPAGTA' COMPACT AMERIGAN GRANNERRY hUSI VINURNUM 24"" HT. GONT. 5' X 5' 5 VI VINURNUM DENTATUM ARROWOOD VINURNUM I5" NT GONT 8' X 8' STANDARD LEGEND AND NOTES — PROPERTY &/or BOUNDARY LINES CONGRESSIONAL SECTION LINES — RIGHT—OF—WAY LINES — EXISTING RIGHT—OF—WAY LINES CENTER LINES EXISTING CENTER LINES — LOT LINES, INTERNAL LOT LINES, PLATTED OR BY DEED — PROPOSED EASEMENT LINES — EXISTING EASEMENT LINES — BENCHMARK — RECORDED DIMENSIONS — CURVE SEGMENT NUMBER —EXIST— C 0 O 4Oo © X 22-1 ( (( —PROP— $ — POWER POLE — POWER POLE W/DROP — POWER POLE W/TRANS — POWER POLE W/LIGHT mOc — GUY POLE — LIGHT POLE — SANITARY MANHOLE • — FIRE HYDRANT — WATER VALVE CO — DRAINAGE MANHOLE ❑ — CURB INLET X FENCE LINE EXISTING SANITARY SEWER — PROPOSED SANITARY SEWER EXISTING STORM SEWER PROPOSED STORM SEWER WATER LINES ELECTRICAL LINES TELEPHONE LINES GAS LINES — CONTOUR LINES (1' INTERVAL) — PROPOSED GROUND — EXISTING TREE LINE — EXISTING DECIDUOUS TREE & SHRUB — EXISTING EVERGREEN TREES & SHRUBS THE ACTUAL SIZE AND LOCATION OF ALL PROPOSED FACILITIES SHALL BE VERIFIED WITH CONSTRUCTION DOCUMENTS, WHICH ARE TO BE PREPARED AND SUBMITTED SUBSEQUENT TO THE APPROVAL OF THIS DOCUMENT. i UTILITIES THE CONTRACTOR SHALL NOTIFY IOWA ONE CALL AT 811 OR 800/292-8989 NO LESS THAN 48 HRS. IN ADVANCE OF ANY DIGGING OR EXCAVATION. IOWA JNE CALL,... WHERE PUBLIC UTILITY FIXTURES ARE SHOWN AS EXISTING ON THE PLANS OR ENCOUNTERED WITHIN THE CONSTRUCTION AREA, IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO NOTIFY THE OWNERS OF THOSE UTILITIES PRIOR TO THE BEGINNING OF ANY CONSTRUCTION. THE CONTRACTOR SHALL AFFORD ACCESS TO THESE FACILITIES FOR NECESSARY MODIFICATION OF SERVICES. UNDERGROUND FACILITIES, STRUCTURES AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE SURVEYS AND RECORDS, AND THEREFORE THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY. IT IS POSSIBLE THERE MAY BE OTHERS, THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN OR SHOWN. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DETERMINE THEIR EXISTENCE AND EXACT LOCATION AND TO AVOID DAMAGE THERETO. NO CLAIMS FOR ADDITIONAL COMPENSATION WILL BE ALLOWED TO THE CONTRACTOR FOR ANY INTERFERENCE OR DELAY CAUSED BY SUCH WORK. i "IllnUIICIDIEII.IN iieE 4GI II II II II IL C _ II S CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS ARCHITECTS SPECIALISTS ENVIRONMENTAL M MLANDSCAPE 1917 CI3. GILBERT IOWA CITY, IOWA 5224040 (319) 351-8282 www.mmsconsultants.net LOGO. \ <tINk..+TROL AINER CONTROL SION OF SYSTEMS MATCON OWNER/ADDRESS CON-TOL_ WATERLOO, IA J SEAL. \ DRAWING ISSUE INFORMATION ISSUE: PRICING SET DATE: 01 /10/20 MARK DATE DESCRIPTION J JOB NO: D-288-18 \ MMS 7331-049 DRAWN BY: JEB CHECKED BY: BTM J ( \ THE INFORMATION CONTAINED HEREIN IS OF A PROPRIETARY NATURE AND IS SUBMITTED IN CONFIDENCE FOR USE BY THE CLIENTS OF MODERN DESIGN ARCHITECTS, INC. ONLY. THE USE OF THESE DOCUMENTS FOR ANY OTHER PROJECTS, PURPOSE, LOCATION, PUBLICATION, REPRODUCTION OR DISTRIBUTION IN WHOLE OR PART, BY ANY INDIVIDUAL OR ORGANIZATION WITHOUT WRITTEN PERMISSION FROM MODERN DESIGN ARCHITECTS, INC. IS PROHIBITED. THE INFORMATION HEREIN REMAINS THE PROPERTY OF MODERN DESIGN ARCHITECTS, INC. AND ITS USE OR DISCLOSURE TO OTHERS IS PROHIBITED FOR ANY USE NOT \AUTHORI7ED BY MODERN DESIGN ARCHITECTS, INC. / SHEET LA\DSCAPE TTLE. DLA\ SHEET NO. C 6 c 0 ,,\ J, co 0 0 CC G:A7331\7331-049\const\7331-049Y.dwg, A l LOT1 1,215,104 SF mDO to YAC 1 9ASIN 1 1 I l.. {: I:. 4' 5 shop apron paving Snap extend water main for shop PROPOSED WAREHOUSE 152.585 SF '11 1 of 373 L__J . .. ... 'O' :.IL']l I1 SETBACK CITY OF WATERLOO Council Communication Resolution approving an Early Access Agreement with Hawkeye Community College of to allow earth -moving and foundation construction in preparation of development of the site east of 225 Newell Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 8/17/2020 Prepared: 8/12/2020 ATTACHMENTS: Description ❑ early access agreement ❑ Map of Homes SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Type Backup Material Backup Material Resolution approving an Early Access Agreement with Hawkeye Community College of to allow earth -moving and foundation construction in preparation of development of the site east of 225 Newell Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approve document Hawkeye Community College will begin work on their third home along Newell Street. The City of Waterloo has partnered with Hawkeye CC and their Sustainable construction program to construct new homes on properties the City has acquired through various methods. This will be the third home the HCC will be constructing in the area. This early access agreement will let them begin construction on the home at the start of the school year while details on the agreement are finalized. None NA Strategic goals 1, 2, and 4 for economic development of the area. Not approve Manson Second Addition Lot 10 Block 1 Page 312 of 373 EARLY ACCESS AGREEMENT This Early Access Agreement (the "Agreement") is entered into as of 2020, by and between the City of Waterloo, Iowa ("City"), and Hawkeye Community College (the "Company"). WHEREAS, City and Company are finalizing the terms of a development agreement concerning a project to be undertaken by Company on certain real property described or depicted on Exhibit "A" attached hereto (the "Property"), located in the Logan Urban Renewal and Redevelopment Plan Area, and WHEREAS, the parties desire that Company have access to the Property to begin certain activities before the Property is conveyed to Company. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to surveying, grading and construction of foundation onto the property. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building, and other regulatory approvals. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses) arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contractors, on or about the Property, and in said connection Company agrees to indemnify and hold harmless City, its officials, officers, employees and agents, from and against any and all claims, demands, actions, causes of action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. Page 313 of 373 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the term hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. 5. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. 6. The rights and duties of Company under this Agreement may not be assigned without the prior written consent of City. This Agreement is the entire agreement of the parties concerning the subject matter hereof. It may not be modified or amended without the prior written consent of the parties. This Agreement is binding on the parties and the respective successors and assigns of each. This Agreement may be executed in multiple counterparts, each of which, including signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Hawkeye Community College By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk 2 Page 314 of 373 EXHIBIT "A" Legal Description of Property Masons Second Addition Lot 10 Block 1 Page 315 of 373 Cittj of Waterloo, Iowa Page 316 of 373 CITY OF WATERLOO Council Communication Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,128,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020A, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. City Council Meeting: 8/17/2020 Prepared: 8/4/2020 ATTACHMENTS: Description Type Council Comm SRF Authorization of Issuance for Backup Material CIPP3B 3C SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,128,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020A, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Submitted By: Michelle Weidner, Chief Financial Officer The notes will evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Cured In Place Pipe Lining Phases IIIB and IIIC projects. The principal amount plus interest will be required to be repaid in the future. Repayment will be made from the Sewer fund, using sewer fees. The issuance of capital loan notes commits the city to future repayment. The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. The City will use this loan to provide permanent financing for the Cured in Background Information: Place Pipelining Phases IIIB and IIIC projects. Page 317 of 373 Page 318 of 373 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: August 10, 2020 August 4, 2020 Michelle Weidner None Sewer Revolving Fund Taxable Sewer Revenue Capital Loan Notes, Series 2020A Cured in Place Pipe Lining Phases IIIB and IIIC Projects Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt a resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,128,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020A, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Summary Statement: The notes will evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Cured in Place Pipe Lining Phases IIIB and IIIC projects. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from the Sewer fund, using sewer fees. Policy Issue: The issuance of capital loan notes commits the city to future repayment. Alternative: The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. Background: The City will use this loan to provide permanent financing for the Cured in Place Pipe Lining Phases IIIB and IIIC projects. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 319 of 373 CITY OF WATERLOO Council Communication Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $19,186,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. City Council Meeting: 8/17/2020 Prepared: 8/4/2020 ATTACHMENTS: Description Type Council Comm SRF Authorization of Issuance for Backup Material Biosolids Modifications SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $19,186,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Submitted By: Michelle Weidner, Chief Financial Officer The notes will evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Waterloo Treatment Plant Biosolids Modifications project. The principal amount plus interest will be required to be repaid in the future. Repayment will be made from the Sewer fund, using sewer fees. The issuance of capital loan notes commits the city to future repayment. The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. The City will use this loan to provide permanent financing for the Waterloo Background Information: Treatment Plant Biosolids Modifications project. Page 320 of 373 Page 321 of 373 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: August 10, 2020 August 4, 2020 Michelle Weidner None Sewer Revolving Fund Taxable Sewer Revenue Capital Loan Notes, Series 2020C Waterloo Treatment Plant Biosolids Modifications Project Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt a resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $19,186,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020C, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Summary Statement: The notes will evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Waterloo Treatment Plant Biosolids Modifications project. Expenditure Required: repaid in the future. Source of Funds: sewer fees. Policy Issue: future repayment. Alternative: The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. Background: The City will use this loan to provide permanent financing for the Waterloo Treatment Plant Biosolids Modifications project. The principal amount plus interest will be required to be Repayment will be made from the Sewer fund, using The issuance of capital loan notes commits the city to WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 322 of 373 CITY OF WATERLOO Council Communication Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $5,138,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020B, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. City Council Meeting: 8/17/2020 Prepared: 8/4/2020 ATTACHMENTS: Description Type Council Comm SRF Loan Issuance 5,138,000 Dry Backup Material Run Creek Interceptor Sewer SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $5,138,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020B, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Submitted By: Michelle Weidner, Chief Financial Officer The notes will evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Dry Run Creek Interceptor Sewer project. The principal amount plus interest will be required to be repaid in the future. Repayment will be made from the Sewer fund, using sewer fees. The issuance of capital loan notes commits the city to future repayment. The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. The City will use this loan to provide permanent financing for the Dry Run Background Information: Creek Interceptor Sewer project. Page 323 of 373 Page 324 of 373 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: August 10, 2020 August 4, 2020 Michelle Weidner None Sewer Revolving Fund Taxable Sewer Revenue Capital Loan Notes, Series 2020B Dry Run Creek Interceptor Sewer Project Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt a resolution approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Waterloo, Iowa and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $5,138,000 Taxable Sewer Revenue Capital Loan Notes, Series 2020B, of the City of Waterloo, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes. Summary Statement: The notes will evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Dry Run Creek Interceptor Sewer project. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from the Sewer fund, using sewer fees. Policy Issue: The issuance of capital loan notes commits the city to future repayment. Alternative: The City could choose not to sell the Capital Loan Notes. Not issuing the notes would create financial stress on the Sewer fund. The State of Iowa Clean Water Revolving Loan fund requires that funds be spent prior to finalizing the loan. Background: The City will use this loan to provide permanent financing for the Dry Run Creek Interceptor Sewer project. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 325 of 373 CITY OF WATERLOO Council Communication Resolution amending the Expenditure Authorization Policy by increasing the expenditure pre -authorization limit from $1,000 to $2,500 for all purchases. City Council Meeting: 8/17/2020 Prepared: 8/11/2020 SUBJECT: Resolution amending the Expenditure Authorization Policy by increasing the expenditure pre -authorization limit from $1,000 to $2,500 for all purchases. Submitted by: Submitted By: Dave Boesen, At -Large Council member Page 326 of 373 CITY OF WATERLOO Council Communication Resolution adopting a face mask mandate for the City of Waterloo. City Council Meeting: 8/17/2020 Prepared: 8/7/2020 ATTACHMENTS: Description ❑ Resolution as proposed ❑ Public Comment ❑ Additional Public Comments ❑ Additional Public Comments (2) ❑ Mask Resolution - Cheryl Christiansen Comment SUBJECT: Submitted by: Recommended Action: Type Backup Material Backup Material Backup Material Backup Material Backup Material Resolution adopting a face mask mandate for the City of Waterloo. Submitted By: Jonathan Grieder, Ward 2 Council member Approval. Page 327 of 373 Prepared by Kelley Felchle, Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2020-XXX RESOLUTION ADOPTING A FACE MASK MANDATE FOR THE CITY OF WATERLOO. WHEREAS, we, the elected representatives of the City of Waterloo, took an oath to uphold and defend the Constitution of the United States and the Constitution of the State of Iowa; and, Whereas, the emergence of the novel coronavirus, SARS-CoV-2, that causes the diseases COVID-19, can result in serious illness or death and can easily be spread from person to person; and, WHEREAS, on January 31, 2020, the United States Department of Health and Human Services declared a national public health emergency related to the dangers posed by COVID-19; and, WHEREAS, on March 9, 2020, the Governor of the State of Iowa, Kim Reynolds, signed a proclamation of disaster emergency for the entire State of Iowa based on the increasing numbers in the State of Iowa testing positive for COVID-19; and, WHEREAS, on March 11, 2020, the World Health Organization declared the COVID-19 outbreak to be a worldwide pandemic; and, WHEREAS, on March 13, 2020, the President of the United States signed an emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act authorizing emergency response measures in all fifty states in response to COVID-19; and, WHEREAS, the most current local data relating to COVID-19 as provided by the Iowa Department of Public Health ("IDPH") and the Black Hawk County Depaitinent of Public Health ("BHCDPH") show that the state, Black Hawk county, and Waterloo continue to experience significant community spread of this disease; and, WHEREAS, the City of Waterloo has a compelling interest to protect the lives of its residents; and, WHEREAS, Article III, Section 38A of the Iowa Constitution grants municipalities the power to determine their local affairs and government not inconsistent with the laws of the general assembly; and, Whereas, Chapter 364 of the Iowa Code reaffirms the constitutional grant of home rule authority to municipalities "to exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property of the city or its residents, and improve the peace, safety, health, welfare and convenience of its residents"; and, WHEREAS, a city "may exercise its general powers subject only to limitations expressly imposed by state or city law," and the exercise of a city power "is not inconsistent with a state law unless it is irreconcilable with the state law." Iowa Code section 362.2(2) and (3); and WHEREAS, a city may set standards "more stringent than those imposed by state law, unless a state law provides otherwise." Iowa Code section 364.3(a); City of Des Moines v. Gruen, 457 N.W.2d 340, 343 (Iowa 1990); Bryan v. City of Des Moines, 261 N.W.2d 685, 687 (Iowa 1978); and, WHEREAS, the Center of Disease Control ("CDC"), the IDPH, and BHCDPH, have all Page 328 of 373 Resolution No. 2020-xxx Page 2 determined and encouraged that face coverings are an critical tool in the fight against COVID-19 that could reduce the spread of the virus particularly when used universally within a community; and, WHEREAS, the Governor's current proclamation requires that businesses and gatherings ensure social distancing of employees, customers, and attendees, increased hygiene practices, and other public health measures to reduce the risk of transmission of COVID-19 consistent with the guidance of the IDPH; and, WHEREAS, the IDPH's reopening guidance advises that members of the public consider the use of cloth face coverings when distancing is not possible because wearing a face covering in public places where social distancing measures are difficult can help slow the spread of COVID-19; and, WHEREAS, a requirement that persons in the City of Waterloo wear face coverings is essential to reducing the risk of transmission of COVID-19, and necessary to protect the health, welfare, and safety of residents, visitors and accelerate local recovery efforts; and, WHEREAS, a requirement that persons wear a face covering is not irreconcilable with the Governor's proclamations and the guidance of the Iowa Department of Public Health; and, WHEREAS, this resolution is not meant to be stigmatizing or punitive and is in the best interest of the health, welfare, and safety, and economic recovery of the City of Waterloo and its residents; now, therefore NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: Section 1. Every person in the City of Waterloo must wear a face covering when: a. In public as opposed to one's place of residence, when one cannot stay six (6) feet apart from others. b. Inside any indoor public settings, including but not limited to: 1. Grocery stores 2. Pharmacies 3. Hardware stores 4. Retail stores 5. Other public settings that are not one's place of residence and when among people who do not live in the same household 6. City buildings c. Outside if maintaining six (6) feet apart is not possible d. Using public transportation or private car services (including taxis, ride share, or carpooling) Section 2. No business that is open to the public may provide service to a customer or allow a customer to enter is premises, unless the customer is wearing a face covering as required by this resolution, and businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligations to wear a face covering while inside. Section 3. Those who are exempt from wearing a face covering: a. Persons younger than 2 years of age due to the risk of suffocation. b. Anyone who has trouble breathing, on oxygen therapy, or ventilator. c. Anyone who is unconscious, incapacitated, or otherwise unable to remove their Page 329 of 373 Resolution No. 2020-xxx Page 3 face covering without assistance. d. Anyone who has been told by a medical, legal, or behavioral health professional not to wear face coverings. e. Anyone actively engaged in a public safety role, including but not limited to law enforcement, firefighters, or emergency medical personnel. Section 4. Places and times where a persons are exempt from wearing a face covering; a. While traveling in a personal vehicle alone or with household members. b. While a person is alone or with household members. c. While exercising at moderate or high intensity e.g. swimming, jogging, biking. d. While seated at a food establishment in the process of eating or drinking. e. While obtaining a service that would require temporary removal of the persons face covering. f. When federal or state law prohibits wearing a face covering or requires the removal of a face covering. Section 5. If a cloth face covering is chosen, appropriate use of a cloth face covering includes: a. A snug fit, but comfortable against the side of the face. b. Completely covers the nose and mouth. c. Is secured with ties or ear loops. d. Includes multiple layers of fabric. e. Allows for breathing without restriction. f. Can be laundered and machine dried without damage or change in shape. Section 6. The enforcement mechanism for this resolution shall be left up to the Mayor or designee with the aim towards compliance not punishment. Section 7. That this resolution shall be in effect for six weeks from the date it is signed by the Mayor. Prior to the expiration, the City Council of the City of Waterloo may extend the mandate by adopting a new resolution. Section 8. If any section, provision, or part of this resolution is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any section, provision, or part of this resolution not adjudged invalid or unconstitutional. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this this th day of August 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 330 of 373 Resolution No. 2020-xxx Page 4 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2020- as passed and adopted by the City Council of the City of Waterloo, Iowa, on the day of August 2020 and signed by the Mayor of the City of Waterloo, Iowa on the day of August 2020. Witness my hand and seal of office this day of August 2020. SEAL Kelley Felchle City Clerk Page 331 of 373 KELLEY FELCHLE From: LEANN EVEN Sent: Monday, August 10, 2020 8:03 AM To: KELLEY FELCHLE Subject: FW: in support of mandate to wear masks This is a communication in support of No. 9 on the agenda. From: Carol Morgan <Carol_Morgan@msn.com> Sent: Sunday, August 9, 2020 1:50 PM To: LEANN EVEN <LEANN.EVEN@WATERLOO-IA.ORG> Subject: in support of mandate to wear masks To: City Council, Waterloo, Iowa From: Carol E. Morgan, 3320 Monticello Ave, Waterloo, IA 50701 319-833-0673 There is nothing more important to an individual, or a community, than health. The quality of life one lives is dependent on one's health. Although not always that obvious, the same is true for a community. It follows from that simple fact that we are all, as individuals, responsible for the health of our community. Our freedom as individuals is actually enhanced by maintaining our health. Likewise, freely prospering as a community is dependent on a healthy citizenry. Those who argue for the "freedom" not to wear masks are actually arguing for the right to be irresponsible toward their community, thereby limiting its ability, and that of its citizens, to prosper freely, both as individuals and as a community. Mandate masks! 1 Page 332 of 373 KELLEY FELCHLE From: WENDY BOWMAN Sent: Monday, August 10, 2020 11:05 AM To: COUNCIL MEMBERS Cc: QUENTIN HART; KELLEY FELCHLE Subject: Citizen comment The following message was sent through the City's website. From: noreply@revize.com <noreply@revize.com> Sent: Sunday, August 9, 2020 3:34 PM To: Subscribers <subscribers@waterloo-ia.org> Subject: Website Contact Request Name = Holly M Cote Address = 310 Independence Ave City_Town = Waterloo Stat_Prov = Iowa Phone = 3192360016 Email = seussfan76@outlook.com Comments = City Council: vote NO for mandated face masks. Many stores already require it. That's enough! Client IP = 173.26.157.162 Wendy S. Bowman Communications Director City of Waterloo, Iowa Hours: 9:00am — 4:00pm, Mon. — Thurs. 319-291-4522 ext.3037 — City Hall 319-830-9362 — Cell wendy.bowman@waterloo-ia.org www.cityofwaterlooiowa.com Follow the City on Facebook "You are brilliant and subtle if you come from Iowa and really strange and you live as you live and you are always well taken care of if you come from Iowa." - Gertrude Stein 1 Page 333 of 373 Nancy Higby From: Kendra Wyatt Sent: Monday, August 10, 2020 3:46 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Business Owner- Waterloo From: Tara Sagers <tara.sagers@gmail.com> Sent: Monday, August 10, 2020 8:18 AM To: Mayor <Mayor@WATERLOO-IA.ORG> Subject: Business Owner- Waterloo Mayor Hart, As community member and owners of the Black Hawk Tennis Club in Waterloo we are strongly opposed to the mask mandate for all, and the reasoning behind this is because we are a private tennis club. Our patrons have no problem wearing the mask from the car to the tennis court, but tennis is the most safe and socially distancing sport, which the CDC published early during the pandemic. We don't feel it is safe to run on a court and wear a mask especially with the older recreational players, but also our younger competitive and nationally ranked players should not be wearing a mask and competing. We urge you to not mandate the mask. Our business extremely suffered during the pandemic and is still suffering. We can not continue to take these hits from our government shutting us down and not giving the people their freedom to choose what's best for their health. I ask of you that IF you mandate the mask to you assume ALL liability if someone passes out on the court wearing the mask that you told them they had to wear? Do you want to see another large building sit empty when we have to close our doors due to this pandemic because our members know it's not safe to wear a mask and play tennis from 20 feet away from each other. Please listen to your taxpayers and business owners in your area. Chris and Tara Sagers Black Hawk Tennis Club 1005 Black Hawk Rd Waterloo IA 50701 319-233-7512 i Page 334 of 373 Nancy Higby From: Kendra Wyatt Sent: Monday, August 10, 2020 3:46 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Mask Mandate From: Mary Christoph <chris4hand@gmail.com> Sent: Monday, August 10, 2020 8:48 AM To: Mayor <Mayor@WATERLOO-IA.ORG> Subject: Mask Mandate Quentin Hart Waterloo Mayor As a RN and Health Educator who has practiced over 43 years feel you should consider not mandating masks. Here's why I have always promoted heathy life style so if I don't live it I can't promote it. I feel I have encouraged people to make exercise a life time habit. Your mandate will promote people to stop exercising which will make people unhealthy and therefore be more prone to disease Before mandating masks I want you to walk fast or run 3-4 miles, bike 6 or 7 miles or more, play tennis 1 1/2- 2 hours, walk 18 holes of golf all with a mask on. Then if you still feel it's important and haven't fallen or gotten light headed. You can consider this. Inactivity is more of a threat to diseases. Playing tennis was considered the safest sport there is during pandemic and you want people to wear masks so they fall when masks slip over their eyes Please try these activities out before passing this mask mandate. I am 68 years old my husband is 72 and we have done one of these activities everyday and most 2 of theses everyday since pandemic started first in Arizona and now Iowa. I feel we don't have comorbidities because of our life style and please don't take away I believe in masks when going to stores but not exercising inside or out. Mary Christoph Sent from my iPad i Page 335 of 373 Nancy Higby From: Kendra Wyatt Sent: Monday, August 10, 2020 3:46 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Yes to Mandating Masks From: norsksun@aol.com <norsksun@aol.com> Sent: Saturday, August 8, 2020 6:29 PM To: Mayor <Mayor@WATERLOO-IA.ORG> Subject: Yes to Mandating Masks Dear Mayor, Wearing masks is the responsible thing to do - and I thank you for your leadership. am in favor of mandating masks - when we look at other places - we see that wearing a mask has been successful in saving lives. Again, thank you for your leadership and all you do. Take care, Jacquelyn Meyer 904 Prairie Meadow Ct. Waterloo, Iowa 50701 1 Page 336 of 373 Nancy Higby From: Kendra Wyatt Sent: Monday, August 10, 2020 3A5 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Mask mandate From: Karnik, Rev. George <dbgkarnik@dbgarch.org> Sent: Saturday, August 8, 2020 2:04 PM To: Mayor <Mayor@WATERLOO-IA.ORG> Subject: Mask mandate Dear Mayor Hart, I support and strongly recommend that the Waterloo City Council Implement a mandate that anyone coming into a public building, business, any facility other than a private home, be required to wear a mask. The sanctions involved and enforcement measures are something the Council would need to work out. Thank you for your good leadership in our city ! ! ! ! Sincerely, Father George Karnik Page 337 of 373 Nancy Higby From: Kendra Wyatt Sent: Monday, August 10, 2020 3:45 PM To: KELLEY FELCHLE; COUNCIL MEMBERS Subject: FW: Masks From: Kevin McKelvie <krmckelvie@aol.com> Sent: Saturday, August 8, 2020 11:19 AM To: Mayor <Mayor@WATERLOO-IA.ORG> Subject: Masks Dear Mayor Hart, Please support the mandatory wearing of masks in public in Waterloo. We can not rid ourselves of this virus without having people wear masks in public. Thank you. Kevin McKelvie Page 338 of 373 Nancy Higby From: KELLEY FELCHLE Sent: Monday, August 17, 2020 1:59 PM To: Nancy Higby Subject: FW: Masks Original Message From: Kendra Wyatt <Kendra.Wyatt@WATERLOO-IA.ORG> Sent: Monday, August 17, 2020 12:40 PM To: QUENTIN HART <QUENTIN.HART@WATERLOO-IA.ORG>; COUNCIL MEMBERS <COUNCILMEMBERS@WATERLOO- IA.ORG>; KELLEY FELCHLE <KELLEY.FELCHLE@WATERLOO-IA.ORG> Subject: FW: Masks Original Message From: jpl5074@mchsi.com <jpl5074@mchsi.com> Sent: Monday, August 17, 2020 11:50 AM To: Mayor <Mayor@WATERLOO-IA.ORG>; Jerome Amos Jr <Jerome.Amos@WATERLOO-IA.ORG> Subject: Masks After some checking have found out that the city of Muscatine passed such a mandate an still haven't been able to enforce it as the governor stated "it is not in effect". That cities attorney has been trying to work with the attorney generals office an yet still haven't been approved to do so, and still not able to enforce it. All that were involved in passing that mandate in Muscatine 1 believe should be removed from office immediately, as they passed a mandate that knowingly violates state law as the governor has stated that she is the only one who can do so. The Courier may have censored me from putting facts in their comments to these articles, but social media gets the facts out quicker. We have cancelled our subscriptions to their paper, as we will not support them trying to hide facts from the public which they has a right to know. In my opinion its just another news source who only prints half truths an only for their agendas. We have backed you both from the beginning, but will not continue to do so if you support passing a mandate that you all know violates the law. Why does this city insist to make ordinances an mandates that they know aren't legal? All its doing is costing the tax payers money in legal fees in the long run. Maybe if you all were required to pay those fees, maybe you all would think twice. In my opinion, anyone of you that knowingly passes something that you know violates state law should step down or removed from office on the spot! Thank You, Joe Pope 1 Page 339 of 373 Nancy Higby From: KELLEY FELCHLE Sent: Monday, August 17, 2020 11:08 AM To: COUNCIL MEMBERS Cc: Nancy Higby Subject: FW: Mask Ordinance Council, Below is public comment regarding agenda item #20. Kelley Kelley Felchle City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319)291-4323 PURSUANT TO IOWA CODE CHAPTER 22 E-MAIL COMMUNICATION TO AND FROM THIS ADDRESS MAY BE SUBJECT TO PUBLIC DISCLOSURE. From: Kendra Wyatt <Kendra.Wyatt@WATERLOO-IA.ORG> Sent: Monday, August 17, 2020 10:55 AM To: QUENTIN HART<QUENTIN.HART@WATERLOO-IA.ORG>; KELLEY FELCHLE <KELLEY.FELCHLE@WATERLOO-IA.ORG> Subject: FW: Mask Ordinance From: Sub City <amann7670@gmail.com> Sent: Monday, August 17, 2020 10:50 AM To: Mayor <Mayor@WATERLOO-IA.ORG>; Ray Feuss <Ray.Feuss@WATERL00-IA.ORG>; Jerome Amos Jr <Jerome.AmosPWATERL00-IA.ORG>; Pat Morrissey<Pat.Morrissey@WATERL00-IA.ORG>; Jonathan Grieder <Jonathan.Grieder@ WATERL00-IA.ORG>; Margaret Klein <Margaret.Klein@ WATERL00-IA.ORG>; Dave Boesen <Dave.Boesen@WATERLOO-IA.ORG>; Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG> Subject: Mask Ordinance 1 Page 340 of 373 Honorable Mayor Hart and City Council Members: I'm writing to speak against having a mandatory mask ordinance in the City of Waterloo. Right now, the "herd mentality" is that everyone should wear masks when they go out in public. However, if you do a little research, you will quickly find many experts saying that cloth masks are not effective at preventing the spread of the virus. Only respirators will do that, and they are recommending those be reserved for health care workers. Further, mask wearing has detrimental physical and/or mental effects on many people who are forced to wear them. The virus is not being spread by people shopping at Hy-Vee, Lowes, etc., so an ordinance forcing everyone to wear masks while out in public will have little to no positive impact, while having a significant negative impact. Many business already require their customers to wear masks, and the number of such businesses continues to increase, so even if you think there would be a benefit to everyone wearing a mask, government intervention is not necessary. The private sector is doing this on its own. I understand that there are people calling on government to make mask wearing mandatory, but many of these people are operating out of fear and/or because they have not done any research, and are just going with the momentum of the herd. I urge you all to watch the video at the link below. I know it is long, but I think there is a lot of important information contained in the video that would be beneficial for you to have before voting on this issue. https://m.youtube.com/watch?feature-share&v=XHQ7zDNXKjO#menu I ask the city council members to vote "NO" to a mandatory mask ordinance. Respectfully, Al Manning 1020 South Hill Dr. Waterloo, IA 50701 319-234-4295 Sent from Mail for Windows 10 2 Page 341 of 373 From: KELLEY FELCHLE To: COUNCIL MEMBERS; QUENTIN HART Cc: Nancy Higby Subject: Mask Resolution - Cheryl Christiansen Date: Monday, August 17, 2020 3:57:15 PM Council, A resident named Cheryl Christiansen (319-233-2772) called. She asked that I let you know she would like council to vote against on the mask resolution. Kelley Kelley Felchle City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 (319)291-4323 PURSUANT TO IOWA CODE CHAPTER 22 E-MAIL COMMUNICATION TO AND FROM THIS ADDRESS MAY BE SUBJECT TO PUBLIC DISCLOSURE. Page 342 of 373 CITY OF WATERLOO Council Communication An ordinance enacting a new changing station requirement to certain facilities. City Council Meeting: 8/17/2020 Prepared: 8/5/2020 ATTACHMENTS: Description Type D Ordinance as proposed Backup Material SUBJECT: Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by enacting a new Section 6, Changing Stations, of Chapter 1, Building Code, Title 9, Building Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Jonathan Grieder, Ward 2 Council member Recommended Action: Approval. Page 343 of 373 Prepared by Martin M. Petersen, City Attorney, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY ENACTING A NEW SECTION SIX, OF CHAPTER 1 BUILDING CODE, TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That a new Section 6, Changing Stations, of Chapter 1 Building Code, Title 9, Building Regulations, is enacted as follows: 9-1-6: CHANGING STATIONS: A. REQUIREMENT. Each publicly available and accessible restroom serving International Building Code Group A and Group M occupancy type areas, hospitals, and city owned buildings, shall be equipped with a minimum of one safe, sanitary, and convenient baby changing station under the following circumstances: 1. New building: all new buildings providing areas with the occupancy types specified, hospitals, and city owned buildings; 2. Existing building: all buildings providing areas with the occupancy types specified, hospitals, and all city owned buildings; and any of the following changes made: a. A new restroom is built; b. The square footage of an existing restroom is increased by 50 square feet or more; c. The number of fixtures of an existing restroom is increased. B. EXCEPTIONS. The requirement to provide baby changing stations does not apply to a restroom that contains clear and visible signage indicating where an alternative restroom and/or a designated area approved by the Building Official with a baby changing station is located within the same building and on the same floor. C. DEFINITION. Baby Changing Station: Means a baby changing station, deck, table, or similar amenity that is intended for use by the public for the purpose of changing diapers on children weighing up to 50 pounds. D. APPEALS. Appeals to this requirement can be submitted to the Building Official. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: , 2020 PASSED 1st CONSIDERATION: , 2020 PASSED 2nd CONSIDERATION: , 2020 PASSED 3rd CONSIDERATION: , 2020 PASSED AND ADOPTED this day of 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 344 of 373 Ordinance No. XXXX Page 2 Page 345 of 373 CITY OF WATERLOO Council Communication Fireworks Ordinance Amendment. City Council Meeting: 8/17/2020 Prepared: 8/5/2020 ATTACHMENTS: Description Type D Ordinance as proposed Backup Material SUBJECT: Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations and enacting in lieu thereof a new Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Pat Morrissey, Ward 3 Council member Recommended Action: Approval. Page 346 of 373 Prepared by Kelley Felchle, Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 13, FIREWORKS, OF CHAPTER 2, GENERAL OFFENSES, TITLE 5, POLICE REGULATIONS, AND ENACTING IN LIEU THEREOF A NEW SECTION 13, FIREWORKS, OF CHAPTER 2, GENERAL OFFENSES, TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations, of the City of Waterloo Code of Ordinances is hereby repealed and a new Section 13, Fireworks, of Chapter 2, General Offenses, Title 5, Police Regulations, is enacted in lieu thereof as follows: 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions and Use: 1. It shall be unlawful for any person to use or explode any consumer fireworks within the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between the hours of twelve o'clock (12:00) noon and eleven o'clock (11:00) P.M. on July 4 and between the hours of twelve o'clock (12:00) noon and ten o'clock (10:00) P.M. on July 3 and July 5. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. 2. The use of consumer fireworks that mimic display fireworks or rise to 150 decibels or to 210 feet elevation is banned from use at all times within the corporate limits of the City of Waterloo unless the user has obtained a permit as outlined in the Code of Iowa. 3. Consistent with the Code of Iowa, use of fireworks within the corporate limits of the City of Waterloo, when such occurs on July 3, 4, and 5, shall only occur on the user's personal real property. Use of fireworks, unless a permit has been obtained, is not allowed on city owned property, public sidewalks, rights of way, streets, parks, or parking lots. Use is not allowed on personal real property if that personal real property is not owned by the user of fireworks unless the owner has given consent prior to use. 4. It shall be prohibited to direct the use of consumer fireworks in any direction other than onto the user's personal real property or the real property where the owner has given prior consent. 5. All consumer firework debris shall be removed from the user's personal real property or wherever such use has resulted in its debris being located. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, for signal purposes in athletic sports or by railroads or trucks, for signal purposes, by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. Page 347 of 373 Ordinance No. XXXX Page 2 D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the State Fire Marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer fireworks is prohibited within the corporate limits of the City of Waterloo except as authorized by Section 5-2-13-B. F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than three hundred seventy five dollars ($375.00). G. Enforcement: 1. During the annual periods in which fireworks sales are allowed, this section 13 shall be enforced by police officers, who shall have authority to document violations and issue citations, and said officers shall also respond to related nuisance calls. 2. Citations for violations of 5-2-13 shall be directed to the person observed/found to have violated 5-2-13 or the owner of personal real property on which the evidence exists of violation of 5-2-13. Furthermore, where evidence of violation of the Noise Control Ordinance or Nuisance Property exists, such citations shall be written. All such citations are subject to a minimum $375 fine. 3. The vendors of fireworks shall be monitored during sales periods as to type of consumer fireworks sold and to posting the mandated "Prohibitions on Use". H. Appeal: All persons receiving citations according to 5-2-13 shall have Right of Appeal to the City Council of Waterloo. INTRODUCED: 2020 PASSED 1st CONSIDERATION: 2020 WAIVED 2nd CONSIDERATION: 2020 WAIVED 3rd CONSIDERATION: 2020 PASSED AND ADOPTED this day of August 2020. Quentin Hart, Mayor Page 348 of 373 Ordinance No. XXXX Page 3 ATTEST: Kelley Felchle City Clerk SEAL Page 349 of 373 CITY OF WATERLOO Council Communication Request by Greg Steffen to rezone 8.80 acres, located at 4192 Logan Avenue, from "A-1" Agricultural District to "R-2" One and Two Family Residence District, to construct a new single-family home. City Council Meeting: 8/17/2020 Prepared: 7/14/2020 ATTACHMENTS: Description D Council Packet ❑ Legal Description SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Type Backup Material Backup Material Motion to receive, file, consider, and pass for the second time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to rezone 8.80 acres, located at 4192 Logan Avenue from "A-1" Agricultural District to "R-2" One and Two Family Residence District, for construction of a new single-family home. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted herewith is a resolution setting date of public hearing as August 3, 2020 to approve the request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue., and instruct the City Clerk to publish said notice. None N/A Zoning, Land Use and Economic Development. Request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue. Greg Steffen, 4192 Logan Avenue, Waterloo, Iowa 50703 The applicant is requesting to rezone property in order to build one additional single family home. The proposal would not appear to have a negative impact on the surrounding area. The area is currently made up of a storage business at the corner of Big Rock Road and Logan Avenue, residences and agricultural. The request would not appear to have a negative impact on vehicular or Page 350 of 373 Background Information: pedestrian traffic movements in the area as the home will be served by Logan Avenue/US Highway 63 which is classified as a Principal Arterial. There is currently no sidewalks or trails in the area. There is long term plans for a trail along US Highway 63/Logan Avenue but it is not currently budgeted. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential and Agricultural zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. South — Residential and Commercial zoned "A-1" Agricultural District and "C-2" Commercial District. East — Agricultural zoned "A-1" Agricultural District. West — Logan Avenue, Residential, and Agricultural zoned "A-1" Agricultural District. Homes in the area were built between 1879 and 1977 and commercial properties built in 2006. No buffers would be required for this request. Rezoning the land would not appear to have a negative impact on drainage in the area. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0187F, dated July 18, 2011. Lincoln Elementary School is located 3.30 miles to the southwest, George Washington Carver Academy is located 2.68 miles to the south and East High School is located 4.09 miles to the south. The nearest open space is Gates Park 2.45 miles to the southeast. There are no utilities currently in the area. The nearest utilities are located in Big Rock Road. The new house would have to utilize a well and septic system, but would be required to hook into public sewer and water if it would be become available in the future. The Future Land Use Map designates this area as Agricultural, Residential Potential. The applicant is requesting to rezone their land from "A-1" Agricultural District to "R-2" One and Two Family Residence District. The applicant is looking to build a new single family home to the east and behind the existing home at 4192 Logan Avenue. There are homes located to the north that are zoned "R-2" One and Two Family Residence District and commercial property to the south zoned "C- 2" Commercial District. The new home is being platted off and will require an easement agreement to allow access to the lot. The area is not currently served by utilities therefore will have a spectic system and well. However, if utilities are extended anytime to the area in the future the home should be hooked up to those utilities. During Tech Support IDOT and Engineering noted that the applicants would need to apply for a driveway permit from IDOT however, they will be using the existing driveway with an easement so no new driveway permit will be needed. The Planning, Programming and Zoning Commission voted unanimously to recommend approval of the request at their July 7, 2020 meeting. The applicant is planning to subdivide the property. Page 351 of 373 Legal Descriptions: Therefore, staff recommends that the request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 3. Homes to the north are zoned "R-2" One and Two Family Residence District and the zoning to the south is "C-2" Commercial District. With the following conditions: 1. That the homes be hooked up to sewer and water if they are extended to the area in the future. 2. The property shall be limited to the existing single family home and one additional single family home for this approval and any additional homes would have to come back for amendment to this condition The West 638.3 feet of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa except the West 311.1 feet of the North 140 feet thereof and further except that part lying within the following describe tract: Commencing at the Southwest corner of said Southwest Quarter; thence East 819 feet; thence North 363 feet; thence West 360 feet; thence North 33 feet; thence West 110 feet; thence North 462 feet; thence West 349 feet; thence South 858 feet to the place of beginning. Also except that part condemned for Highway #63 right-of-way in 548 LD90. Page 352 of 373 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: July 7, 2020 Request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue. Greg Steffen, 4192 Logan Avenue, Waterloo, Iowa 50703 The applicant is requesting to rezone property in order to build one additional single family home. The proposal would not appear to have a negative impact on the surrounding area. The area is currently made up of a storage business at the corner of Big Rock Road and Logan Avenue, residences and agricultural. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area as the home will be served by Logan Avenue/US Highway 63 which is classified as a Principal Arterial. There is currently no sidewalks or trails in the area. There is long term plans for a trail along US Highway 63/Logan Avenue but it is not currently budgeted. The area is zoned "A-1" Agricultural District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North — Residential and Agricultural zoned "A-1" Agricultural District and "R-2" One and Two Family Residence District. South — Residential and Commercial zoned "A-1" Agricultural District and "C-2" Commercial District. East — Agricultural zoned "A-1" Agricultural District. West — Logan Avenue, Residential, and Agricultural zoned "A-1" Agricultural District. Homes in the area were built between 1879 and 1977 and commercial properties built in 2006. No buffers would be required for this request. Rezoning the land would not appear to have a negative impact on drainage in the area. The property is not located in a special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0187F, dated July 18, 2011. East of 4192 Logan Avenue — Al to R2 PSge 351 of 373 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: July 7, 2020 Lincoln Elementary School is located 3.30 miles to the southwest, George Washington Carver Academy is located 2.68 miles to the south and East High School is located 4.09 miles to the south. The nearest open space is Gates Park 2.45 miles to the southeast. There are no utilities currently in the area. The nearest utilities are located in Big Rock Road. The new house would have to utilize a well and septic system, but would be required to hook into public sewer and water if it would be become available in the future. The Future Land Use Map designates this area as Agricultural, Residential Potential. The applicant is requesting to rezone their land from "A-1" Agricultural District to "R-2" One and Two Family Residence District. The applicant is looking to build a new single family home to the east and behind the existing home at 4192 Logan Avenue. There are homes located to the north that are zoned "R-2" One and Two Family Residence District and commercial property to the south zoned "C-2" Commercial District. The new home is being platted off and will require an easement agreement to allow access to the lot. The area is not currently served by utilities therefore will have a spectic system and well. However, if utilities are extended anytime to the area in the future the home should be hooked up to those utilities. During Tech Support IDOT and Engineering noted that the applicants would need to apply for a driveway permit from IDOT however, they will be using the existing driveway with an easement so no new driveway permit will be needed. The Planning, Programming and Zoning Commission voted unanimously to recommend approval of the request at their July 7, 2020 meeting. The applicant is planning to subdivide the property. East of 4192 Logan Avenue — Al to R2 P:gEP3 f43 of 373 July 7, 2020 STAFF Therefore, staff recommends that the request by Greg Steffen to RECOMMENDATION: rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue be approved for the following reasons: 1. The request would not appear to have a negative impact on traffic conditions in the area. 2. The request would not appear to have a negative impact upon the surrounding area with the conditions being met below. 3. Homes to the north are zoned "R-2" One and Two Family Residence District and the zoning to the south is "C-2" Commercial District. With the following conditions: 1. That the homes be hooked up to sewer and water if they are extended to the area in the future. 2. The property shall be limited to the existing single family home and one additional single family home for this approval and any additional homes would have to come back for amendment to this condition East of 4192 Logan Avenue — Al to R2 psge 355 of 373 City of Waterloo Planning, Programming and Zoning Commission July 7, 2020 4192 Logan Avenue Rezone from "A-1" to "R-2" Greg Steffen Page 356 of 373 1 City of Waterloo Planning, Programming and Zoning Commission July 7, 2020 r r 0 0 z z al RI 63 E BIG ROCK RD E BIG ROCKRD 4192 Logan Avenue Rezone from "A-1" to "R-2" Greg Steffen Page 357 of 373 4192 Logan Avenue Rezone Storage facility at the corner of Big Rock Road and Logan Avenue (US Highway 63) looking north east with the address requesting rezone just past the trees on left side of photo. Looking northwest from Big Rock Road toward the property requesting the rezone. Page 358 of 373 Looking southwest from Logan Avenue (US Highway 63) which is to the left of the trees in the center of the photograph. Existing House at 4192 Logan Avenue. Page 359 of 373 Looking east from existing lot to where house is being proposed. Former saddle shop Page 360 of 373 Looking southeast along rezone area. Looking east from existing buildings. Page 361 of 373 Looking north from existing driveway. Looking west toward existing buildings. Page 362 of 373 Looking at existing home. Page 363 of 373 Prepared By and Return To: Aric A. Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 CONDITIONS OF ZONING WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS, the owners of property in the City of Waterloo currently zoned "A-1" Agricultural District and requested to be zoned "R-2" One and Two Family Residence District, commonly known as 4192 Logan Avenue and legally described as: The West 638.3 feet of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa except the West 311.1 feet of the North 140 feet thereof and further except that part lying within the following describe tract: Commencing at the Southwest corner of said Southwest Quarter; thence East 819 feet; thence North 363 feet; thence West 360 feet; thence North 33 feet; thence West 110 feet; thence North 462 feet; thence West 349 feet; thence South 858 feet to the place of beginning. Also except that part condemned for Highway #63 right-of-way in 548 LD90. HEREBY agree to the following conditions on the above -described property: 1. The homes must be hooked up to sewer and water if such public utility is extended to the property or right-of- way adjoining the property in the future, and 2. The property shall be limited to the existing single family home and one additional single family home for this approval and any additional homes would have to come back for amendment to this condition NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its recommendation to the City Council who will review and approve the proposed -change to the above -described property. These conditions have been placed on the above -described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the following conditions shall govern the entire property as described above, which restrictions shall run with the land and be binding on the successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No. 5079 and the City of Waterloo Subdivision Ordinance No. 2997, however each subdivided part thereof shall be subject to the terms of these conditions, 2) that none of these conditions shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above, and. Agreed to this / L( day of , 2020 On this 1 "i day f 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared �: �� �r�i to me known to be the identical person(s) named herein and who executed the foregoing instrum- t and acknowledged that they executed the same as their voluntary act and deed. SEAL 0,31 (6 c 0 72_2 Notary Public in and for the ate of Iowa Page 1 of 1 Conditions of Zoning — 4192 Logan Avenue Page 364 of 373 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Gregory H. Steffen Address: 4192 Logan Ave Phone: 319-269-0450 Fax: City: Waterloo State: Iowa Zip: 50703 Email: gsteffen@aol.com b. Status of applicant: (a) Owner Q (b) Other 0 (SELECT ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: Email: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 2.17 Acres rn/I at rear of 4192 Logan Ave ( behind the old Ranchero Saddle Shop) b. Legal description of property to be rezoned: See attached description and map c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 289.3 feet by 326 feet d. Area of Proposed Zoning Boundary (Excluding Right of Way): 2.17 mil e. Current zoning: A-1 Requested zoning: R-R f. Reason(s) for rezoning and proposed use(s) of property: Single Family Building Site g. Conditions (if any) agreed to: Easement to property via shared drive agreement with existing property h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. /42/12.161 Signs f o pplicant Datei Signature:' • er j Date Page 365 of 373 Legal Description for 4192 Logan .Ave., Waterloo, IA, 50703:. The. West 638.3 feet of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, except the West 311.1 feet of the North 140 feet thereof and further except that part lying within the following described tract: Commencing at the Southwest corner of said Southwest Quarter, thence East 819 feet; thence North 363 feet; thence West 360 feet; thence North 33 feet; thence West 110 feet; thence North 462 feet; thence West 349 feet; thence South 858 feet to the place of beginning. Also except that part condemned for Highway #63 right-of-way in 548 LD 90. Black Hawk County Abstract Company d/bia Black Hawk County Abstract & Title Company Name For Reference Purpose Only: The portion of 4192 legal description enclosed which begins 349 feet East and 140 feet South the Northwest corner of the South One-half of the Southwest Quarter of Section 36, Township 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa; thence East 289.3 feet; thence South 326; thence West 289.3 feet: thence North 326 feet to the place of beginning. See attached map. Page 366 of 373 CITY OF WATERLOO Council Communication 4:30 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 8/17/2020 Prepared: Submitted by: Submitted By: Page 367 of 373 CITY OF WATERLOO Council Communication 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers City Council Meeting: 8/17/2020 Prepared: Submitted by: Submitted By: Page 368 of 373 CITY OF WATERLOO Council Communication Planning, Programming and Zoning Commission July 7, 2020 minutes City Council Meeting: 8/17/2020 Prepared: 8/12/2020 ATTACHMENTS: Description Type D minutes Backup Material SUBJECT: Planning, Programming and Zoning Commission July 7, 2020 minutes Submitted by: Submitted By: Page 369 of 373 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. July 7, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Vice -Chairperson Holdiman at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Patrisha Serfling. Members present electronically were: Sylvia Jackson, Cody Leistikow, Craig Holdiman, Steve Trost, Eric Donat, and Brandon Schoborg. Members absent were: Virginia Wilber Others present: Aric Schroeder, Chris Western and John Dornoff — Planning Department, and 1 citizen. Others present electronically: Jonathan Grieder — City Council Liaison and 2 citizens. I. Approval of the Agenda It was moved by Schoborg, seconded by Serfling to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on June 2, 2020. It was moved by Flynn, seconded by Leistikow to approve the minutes. Motion carried unanimously. III. Financial Report May 2020 Anderson read the financial report. It was moved by Donat, seconded by Schoborg to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations There was no oral presentations. V. New Business A. Hearings — Rezones 1. Request by Greg Steffen to rezone 8.80 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for a new single family home located at 4192 Logan Avenue. It was moved by Donat, and seconded by Leistikow to receive and place on file the statement of verification at 4:03 p.m. Motion carried unanimously and Holdiman declared the hearing open. Dornoff read the staff report recommending approval of the request with the condition that the homes be hooked up to sewer and water if they are extended to the area in the future. Dornoff noted that he had received 4 phone calls about the item with 1 being not in opposition and others in opposition. Donat asked of the concerns about well water and traffic brought up by the callers had been addressed to which Dornoff answered the concerns about the water only came in a couple of hours before the meeting and wells are under the jirisdiction of Black Hawk County Health Department. Dornoff also noted that it is a single family home on a major arterial, so did not anticipate a traffic issue. Page 370 of 373 Planning and Zoning Commission July 7, 2020 Holdiman asked if the person that is building the home owns the house at 4192 Logan to which Dornoff answered yes and noted the applicant is present. Trost asked if they will need to hook up sewer and water to which Dornoff responded that no, that at this time there is no plans to extend sewer or water to the area. Holdiman asked if the callers were concerned that there will be more homes built in the area to which Dornoff responded that yes, they were concerned about multiple homes but told the callers it is for one single family home. Gregory Steffen, 4192 Logan Avenue, the applicant, stated that he owns the property and noted that it was formally the Ranchero Saddle Shop which was a business with frequent travel and that he is only requesting one single family home. He also stated that he was only adding one home and one well and that should not affect the water table. Jackson asked if the existing house is going to remain to which Steffen responded that yes, it will remain and he plans to live in it. Schoborg asked if the lot was going to be subdivided to which Dornoff responded that the lot where the new home will be built will be subdivided from the existing lot. Jeryl Stevens, 4251 Logan Avenue, has concerns about the amount of traffic and stated that the traffic to the saddle shop was sporadic, that she was afraid that they could be a six bedroom home in which everyone would have a car so it will be a lot more traffic. Also concerned that the aquifer if there is many new people living in the new home, doesn't want to live in the city. She also fears that in the future there will be different people on the commission and they will allow more homes to be built. Jackson asked Stevens what the basis was for saying there would be a large number of people living in the home to which Stevens responds the value of the home to be built and that it says one or two family homes in the notice letter he received so they could build two 6-bedroom condos on the lot. Trost asks if they would have to come back to the commission and city council if they wanted to split off the lot to which Anderson responded that it would be the first split so it would not come to the commission but if they wanted to split off additional lots it would be required to come before the commission and council. Leistikow stated that the comprehensive plan lists this as agricultural, residential potential which means it is an appropriate use of the property. Anderson noted that they could still farm the remaining acreage if the applicant so desires and stated if there is concerns about more lots being split off the commission could add a condition that any additional houses could not be constructed without going back through the site plan amendment process. Anderson also said that they could send out a courtesy notice if future homes are developed. Flynn noted that the commission still needs to follow the codes and rules of the city and will have to in the future and asked who would be responsible for doing a study if this new home would affect the aquifer to which Anderson responded the Black Hawk County Health Department and that department will want to see some details before they approve a well or a septic system. Schroeder noted that without sewer and water it would be difficult to develop additional homes in the area. Trost asked if the applicant is agreeable to the conditions being amended to allow only one house to which Steffen said he was. Trost and Holdiman noted that it would be in the applicants best interest to work with the health department before proceeding with the house. 2 Page 371 of 373 Planning and Zoning Commission July 7, 2020 Mike Barrett, 4246 Logan Avenue, is concerned about the traffic as even the mail boxes have been pulled by the postal service, there has been fewer accidents since the saddle shop closed, that it could be a twin home with many bedrooms and that the aquifer is 20-feet lower than it was 25 years ago, and expressed concerns with a new septic system that is near a creak to the rear of the property, and is opposed to the request, but it would effectivity be no different than a "R-1" since both allow duplexes. Donat noted that it says one and two family residence district to which Holdiman responded that the packet specifically says this is for one single family home and Schroeder stated that the applicant is requesting for one single family home and noted that Waterloo does not have a zoning district that is for only a single family home both the "R-1" and "R-2" will allow a duplex. Schroeder also noted staff decided to do "R-2" zoning because that is what adjacent properties are zoned. Schroeder explained that the septic system will need to be approved by the Black Hawk County Health Department and what the county will do to determine the size of the septic system will need to be and that it will not leak to the creek. Steffen stated that it made no sense to do the test for water and septic before getting zoning approval and asked if the neighbors are zoned "R-2" could they put additional homes on their sites to which Anderson responded they could build on their lots as long as they met ordinance requirements. It was moved by Donat, seconded by Serfling to close the public hearing. Motion carried unanimously. The hearing was closed at 4:52 p.m. It was moved by Serfling, seconded by Donat to recommend approval of the rezone request with the conditions 1) the homes be hooked up to sewer and water if they are extended to the area in the future and 2) that the rezoning allows only one additional single family house for this approval and additional homes would have to come back for amendment to this condition. Motion carried unanimously. B. Plats 1. Request by CGA Engineers on behalf of Midwest Development for the final plat of Lincolnshire Addition a 24 lot residential subdivision located northwest of 3520 Ansborough Avenue. Dornoff read the staff report recommending approval of the final plat request. Donat asked what the name of the church was to which Holdiman answered Cedar Valley Church. Leistikow asked about the former playground to which Anderson noted that it was to be relocated with the sale of the property by the church. It was moved by Leistikow, seconded by Donat to recommend approval of final plat plat of Lincolnshire Addition a 24 lot residential subdivision. Motion carried unanimously. C. Vacates 2. Request by Personified, Inc. to vacate approximately 12,880 square feet of Bluff Street right-of-way, located adjacent to 326 West 17th Street. Dornoff read the staff report recommending approval of the vacate request. It was moved by Schoborg, seconded by Serfling to recommend approval of the vacate request. Motion carried unanimously. 3 Page 372 of 373 Planning and Zoning Commission July 7, 2020 VI. Discussion The next meeting of the Planning, Programming and Zoning Commission will be on August 4, 2020. VII. Adjournment It was moved by Donat, seconded by Leistikow, to adjourn the meeting at 5:10 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 4 Page 373 of 373