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Council Packet - 9/14/2020
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, September 14, 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/presiders 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 214 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dave Boesen, At-Large Council member Agenda, as proposed or amended. Minutes of September 8, 2020, as proposed. Proclamation declaring September 17-23, 2020 as Constitution Week. Proclamation declaring September 15 through October 15, 2020 as Hispanic and Latinx Heritage Month. Recognition of 30 Years of Service to Jay Jordan. 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 request of Lynn M. Miller for a waiver for a concrete driveway, located at 838 Belle 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 3. Resolution approving cancellation of assessment for 233 Arden Street, in the amount of $370.07, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 4. Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement and Emission Reduction Project, on Broadway Street connecting signals from downtown to Airport Boulevard, with a local match of $100,000, committing to Page 2 of 214 maintaining the improvements as required by the Iowa Department of Transportation, and authorizing the Mayor to execute said document. Submitted By: Elahi Mohammad, Traffic Engineer 5. Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement and Emission Reduction Project on US 63 from Donald Street to Newell Street, with a local match of$29,000, committing to maintaining the improvements as required by the Iowa Department Of Transportation, and Authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 6. Resolution setting date of public hearing as September 28, 2020, for the sale and conveyance and vacation of street right-of-way of city owned property located at 120 Center Street, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square-foot building, and instruct the 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. Major Leibold, Captain Mohlis, Captain McGeough, Lt. McClelland Class/Meeting: Basic Supervisor Liability On Line Course Destination: Waterloo la. Dates: October 5th, 2020 Amount not to exceed: $1400.00 b. Angie Fordyce, Community Development Coordinator Class/Meeting: Sub Recipient Management Online Training and Certification Course Destination:Online Dates: Tuesdays and Thursdays 2:00-4:00 October 20- November 12 Amount not to exceed: $300 C. Police Officers Ehlers and Bovy Class/Meeting: Basic Swat School Destination: Cedar Rapids, Iowa Dates: 9/8-14/2020 Amount not to exceed: $250.00 1. LIQUOR LICENSES a. Speedy Mart, 926 Linn Street Class: B Wine and C Beer Renewal Application Includes Sunday Expiration Date: 07/06/2021 b. Newton's Paradise Cafe, 128 E. 4th Street Class: B Native Wine, C Liquor, and Outdoor Service Renewal Application Includes Sunday Page 3 of 214 Expiration Date: 9/17/2021 C. Brown Derby Ballroom, 618 Sycamore Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 9/30/2021 d. Chapala Mexican Restaurant, 900 LaPorte Road *Ownership Update* Class: C Liquor New Application Includes Sunday Expiration Date: 8/8/2021 PUBLIC HEARINGS 2. FY21 Final Clarifier No. 3 Contract No. 1032. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving plans, specifications forms of contract etc., and authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of bid to The Cahoy Group of Sumner, Iowa, in the amount of $238,515, in conjunction with FY 2021 Final Clarifier No. 3, Contract No. 1032. Submitted By: Matt Hosford, Collections Systems Project Director 3. Purchase of three (3) 2020 or newer Wheel Loader V Plow(s) with Wing. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming specifications, bid documents, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Titan Machinery of Center Point, Iowa, in the amount of $156,720, for three (3) Wheel Loader Wings and Plows, $52,240 each, for the Street Department. Submitted By: Randy Bennett, Public Works Division Manager 4. FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Matt Schindel, Associate Engineer 5. Waterloo Regional Airport Water Main Improvements - Phase I, Contract No. 1033. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Page 4 of 214 Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 6. General Obligation Bonds - ECP-UR 6 - The issuance of not to exceed $4,000,000 General Obligation Bonds for essential corporate urban renewal purposes. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action for the issuance of not to exceed $4,000,000 General Obligation Bonds. Submitted By: Michelle Weidner, Chief Financial Officer RESOLUTIONS 7. Resolution awarding bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of $5,516,300, in conjunction with the Waterloo Five Sullivan Brother Convention Center Addition and Lobby Renovation Project, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving a second amendment to the Development Agreement with CJE Properties, Green Development Waterloo, LLC and Riverside Investments, LLC, originally executed May 17, 2010, changing completion date to June 30, 2021, for a home located at 738 Mobile Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Commuity Planning and Development Director 9. Resolution approving an amendment to the Development and Minimum Assessment Agreement with Warren Transport, Inc., originally executed on November 18, 2019, changing completion date to April 30, 2022, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Commuity Planning and Development Director 10. Resolution approving construction plans for grading and street construction, water main, sanitary sewer and storm sewer serving the Gardner Addition, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00) with the Department of Natural Resources, and the final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Submitted By: Matt Schindel, Associate Engineer 11. Resolution approving Agreement with RC Systems of Waterloo, Iowa, to provide and install a Salient Video Management SYstem, in the amount of $78,410.86, and authorizing the Mayor and City Clerk to execute said document. Page 5 of 214 Submitted By: Mohammad Elahi, Traffic Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:10 p.m. Work Session, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Gary Ciddio, ten-year Fire Lieutenant, effective August 20, 2020 with recommendation of approval of payout of$9,591.12 for unused benefits. Page 6 of 214 CITY OF WATERLOO Council Communication Dave Boesen,At-Large Council member City Council Meeting: 9/14/2020 Prepared: Submitted by: Submitted By: Page 7 of 214 CITY OF WATERLOO Council Communication Minutes of September 8, 2020, as proposed. City Council Meeting: 9/14/2020 Prepared: ATTACHMENTS: Description Type ❑ Minutes of 9.8.2020 Backup Material Submitted by: Submitted By: Page 8 of 214 September 8, 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, September 8, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: 159009 - Juon/Grieder that the Agenda, as proposed, for the Regular Session on Monday, September 8, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159010 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, August 24, 2020, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring September 7-12, 2020 as Focus on Diabetes Awareness Week. Proclamation declaring September 2020 as Hunger Action Month. ORAL PRESENTATIONS Bob Manning, 2908 W. 3rd Street, Cedar Falls, shared that the 2020 Parade of Homes is coming up toward the end of September. This will include five homes in Waterloo, and shared the addresses of the homes. He stated that having buildable lots in the community encourages new home builds and commended the city for having these lots available. David Dryer, 3145 W. 4th Street, read a section of the facemask resolution regarding where wearing facemasks are and are not required. He stated that wearing a mask would not stop the spread of COVID-19 and that this is an authoritarian decision. He questioned why some of the members are not physically present and thanked the council members, mayor, and city clerk, for being present at the meeting. Mrs. Klein applauded Leisure Services for the new skate park and encouraged people to come to the ribbon cutting on October 1, 2020. Mr. Feuss shared that Experience Waterloo has started the Pour it Forward program to help support bars in Waterloo that had to shut down again due to COVID-19. He shared that Experience Waterloo is hosting a self-guided golf tournament with discount green fees at local courses. 159011 - Juon/Klein that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 159012 - Juon/Grieder 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 September 8,2020, in the amount of$5,043,883.35, 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. 2020-641. Page 9 of 214 September 8, 2020 Page 2 2. Resolution approving Variance to Noise Ordinance request from Quovadis Marshall, in conjunction with a 5-year anniversary church celebration to be held September 13,2020, from 10:30 a.m. to Noon, on 15.3 acres of land located at Idaho and Vine Streets, including live music and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2020-642. 3. Resolution approving Variance to Noise Ordinance request from Pastor Gilbert L. Clay, Sr., in conjunction with outdoor church services to be held each Sunday in September 2020, from 11:30 a.m. to 1:00 p.m., at 1924 Sager Avenue, including live music and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2020-643. 4. Resolution approving Variance to Noise Ordinance request from David Adams, in conjunction with a street party to be held on September 19, 2020, from Noon to 9:00 p.m., in the 200 block of Dearborn between Colorado and Indiana Streets, including live music and use of a PA system. Resolution adopted and upon approval by Mayor assigned No. 2020-644. 5. Resolution approving extension of Meth HotSpots Grant monies to June 30, 2021, in the amount of$22,000, as a sub-recipient from the Governor's Office of Drug Control Policy, and authorizing the Mayor and Chief of Police to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2020-645. 6. Resolution approving a request to seek proposals from consultants to guide a 2030 Community Vision Plan. Resolution adopted and upon approval by Mayor assigned No. 2020-646. 7. Resolution awarding bid to SJ Construction, Inc., in the amount of$18,868.50, in conjunction with the Police Department Storage Facility Remodeling Project. 8. Resolution approving request of Ali Parish for a waiver for a concrete driveway, located at 1637 Calhoun Street, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Resolution adopted and upon approval by Mayor assigned No. 2020-647. 9. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as September 24, 2020 and date of public hearing as September 28, 2020 for the FY 2021 Sidewalk Repair Assessment Program-Zone 10, Contract No. 1018, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-648. 10. Request to certify assessment to 500 Ricker Street in the amount of$3,500,for work performed by the Waterloo Water Works, together with recommendation of approval by the Waterloo Water Works Board of Trustees. Resolution adopted and upon approval by Mayor assigned No. 2020-649. 11. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as September 24, 2020 and date of public hearing as September 28, 2020, in conjunction with the purchase of 2020 Iry Warren Memorial Golf Course Irrigation Control System Updates, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-650. 12. Resolution setting date of public hearing as September 14, 2020 on the proposed issuance of not to exceed$4,000,000 General Obligation Urban Renewal Bonds(ECP-UR-6)for Essential Page 10 of 214 September 8, 2020 Page 3 Corporate Urban Renewal Purposes for improvements to the Convention Center, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-651. 13. Resolution approving cancellation of assessment for 817 Jane Street,in the amount of$370.36, 121 Hawthorne Avenue, in the amount of$288.84, and 206 Williston Avenue, in the amount of $249.12, and authorize the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-652. 14. Resolution setting date of public hearing as September 21, 2020 on the codification of the City of Waterloo Traffic Code of Ordinances, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-653. 15. Resolution setting date of public hearing as September 21, 2020 to approve a request by Peters Construction for a Site Plan Amendment in the "C-2, C-Z" Commercial Conditional Zoning District for a new funeral home and crematorium in the existing building,plus a 10,175 square- foot addition located at 4140 Kimball Avenue, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-654. 16. Resolution setting date of public hearing as September 21, 2020, for the sale and conveyance of city owned property located north of 3488 Wagner Road, to Steege Investments, LLC, including a development agreement and minimum assessment agreement, for the development of a 12,000 square-foot building, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2020-655. b. Motion to approve the following: 1 Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Lt. Fangman Redacting Records - Waterloo, September $149 What Can And Cannot IA 16, 2020 Be Released Webinar 2• Approved Beer, Liquor, and Wine Applications Name &Address of Class New or Expiration Includes Business Renewal Date Sunda a. Chapala Mexican Restaurant, C Liquor Renewal 8/7/2021 x 900 LaPorte Rd. b. Hy-Vee#1 Clubroom, 2834 Special Class C Liquor Renewal 10/16/2021 x Ansborou h Ave. c. Kwik Star#1004, 111 E. B Wine, C Beer Renewal 10/21/2021 x Donald St. d. Light House Lounge, 1307 C Liquor Renewal 6/28/2021 W. 5th St. e. Sam's Club#6514, 210 E. B Wine, C Beer, E Renewal 2/28/2021 x Tower Park Dr. Liquor f. Tobacco Outlet Plus #500, C Beer Renewal 10/14/2021 x 1803 LaPorte Rd. 3. Motion to receive and place on file the 2019 Audit of the Waterloo Water Works. Page 11 of 214 September 8, 2020 Page 4 4. Motion to approve Exception to Burning Yard Waste Application for George Wyth State Park to burn the following between September 2020 and December 2020: 15-acres of George Wyth Prairie, between Wyth Lake and main park road; Approximately 2-acres, Prairie/pollinator areas near entrance of George Wyth; Approximately 3-acres, Dike along the main road of the park; 2-acres, Prairie at back of park near the Lodge, Brush pile in Frisbee picnic area 20x20, Brush pile behind park shop 30x30. 5. Motion approving request of Habitat for Humanity for an extension to repair sidewalks at 421 Almond Street, 434 Almond Street, 325 Clay Street, 408 Saxon Street, and 312 Clay Street. 6. Motion approving Change Order No. 4 from Cardinal Construction, of Waterloo, Iowa, for a net increase of$17,734.05, in conjunction with the 5 Sullivan Brothers Convention Center Penthouse Chiller Project, and authorizing the Mayor to execute said document. 7. Motion approving Change Order No. 4 from Peters Construction Corporation, Waterloo, Iowa, for a net increase of$634.92, in conjunction with the 5 Sullivan Brothers Convention Center Exhibition Hall Ceiling Renovation, and authorizing the Mayor to execute said document. 8. Bonds. Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 159013 - Morrissey/Amos that proof of publication of notice of public hearing on Request by A& T Trucking, LLC, for a Site Plan Amendment to the "M-2, P"Planned Industrial District to allow for the construction of a new 4,350 square-foot trucking facility, located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive, as published in the Waterloo Courier on August 25, 2020,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159014 - Morrissey/Amos that the hearing be closed and oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159015 - Morrissey/Amos that"an Ordinance an ordinance amending Ordinance No. 5079,as amended,City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by A & T Trucking, LLC, for a Site Plan Amendment to the "M-2, P" Planned Industrial District to allow for the construction of a new 4,350 square-foot trucking facility located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive,"be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 159016 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 159017 - Morrissey/Amos that"an Ordinance an ordinance amending Ordinance No. 5079,as amended,City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approve a request by A & T Trucking, LLC, for a Site Plan Amendment to the "M-2, P" Planned Industrial District to Page 12 of 214 September 8, 2020 Page 5 allow for the construction of a new 4,350 square-foot trucking facility located south of 2280 Northeast Drive, at the southeast corner of the Northeast Drive and Martin Luther King Jr. Drive",be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5572. 159018 - Amos/Grieder that proof of publication of notice of public hearing on Sale and conveyance of property located at the southeast corner of Martin Luther King Jr. Drive and Northeast Drive, to A & T Trucking, LLC, in the amount of$1.00, and to approve a Development and Minimum Assessment Agreement for the development of a 4,350 square-foot building, as published in the Waterloo Courier on August 25, 2020, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159019 - Amos/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote- Ayes: Seven. Motion carried. 159020 - Amos/Grieder that"Resolution authorizing the sale and conveyance of City owned property located at the southeast corner of Martin Luther King Jr. Drive and Northeast Drive, to A & T Trucking LLC, in the amount of$1.00, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-658. 159021 - Amos/Grieder that "Resolution approving a Development and Minimum Assessment Agreement with A & T Trucking, LLC, for the construction of a 4,350 square-foot building, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-659. 159022 - Boesen/Grieder that proof of publication of notice of public hearing on Sale and conveyance of City property located at 219 Newell Street, in the amount of$139,900, to Camay Nichole Smith, as published in the Waterloo Courier on August 25, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned if this is the property the city gave to Hawkeye Community College for$1.00, and that he thought that the city also gave them money to build the house. Noel Anderson, Community Planning and Development Director, provided an overview of the project. 159023 - Boesen/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159024 - Boesen/Grieder Page 13 of 214 September 8, 2020 Page 6 that "Resolution authorizing the sale and conveyance of City owned property located at 219 Newell Street, in the amount of$139,900,to Camay Nichole Smith,and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-660. 159025 - Feuss/Grieder that proof of publication of notice of public hearing on Project Addendum to Agreement for Residential Housing Construction with Hawkeye Community College, authorizing the sale and conveyance of lot 10 in Block 1 of Manson's Second Addition to Hawkeye Community College, as published in the Waterloo Courier on August 25, 2020,be received and placed on file. Voice vote- Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159026 - Feuss/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159027 - Feuss/Grieder that "Resolution approving the Project Addendum to Agreement for Residential Housing Construction, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll- call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-661. 159028 - Feuss/Grieder that "Resolution authorizing the sale and conveyance of a certain tract of land, known as lot 10 in Block 1 of Manson's Second Addition in accordance with a Project Addendum to the Agreement for Residential Housing Construction with Hawkeye Community College, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-662. 159029 - Boesen/Grieder that proof of publication of notice of public hearing on Asbestos survey services for properties located at 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 E. 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, as published in the Waterloo Courier on August 25, 2020,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159030 - Boesen/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159031 - Boesen/Grieder that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mrs. Klein commented that the Williston Street property that the Community Planning and Development Director said would be on the agenda in two weeks is not included in this list. Page 14 of 214 September 8, 2020 Page 7 Noel Anderson, Community Planning and Development Director, explained that the condition of the property required a different form of removal of the asbestos and,which delayed the property coming to council. Mayor Hart questioned if this property will be disposed of in the next few months. Noel Anderson confirmed. Mrs. Klein commented that this house is a hot topic in that neighborhood,they want it down, and they are out of patience. Resolution adopted and upon approval by Mayor assigned No. 2020-663. 159032 - Boesen/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Hawkeye Environmental 5% $6,950 Solon, IA B2 Environmental 5% $16,200 Omaha,NE ATC No Security $7,250 Waterloo, IA Asbestos Inspections, Testing & Training, Inc. 5% $3,700 Monticello, IA Voice vote-Ayes: Seven. Motion carried. 159033 - Boesen/Grieder that"Resolution awarding asbestos abatement bid to Asbestos Inspections,Testing and Training, Inc., of Monticello, Iowa, in conjunction with asbestos surveys of 915 Linden Avenue, 725 Glenwood Avenue, 123 E. Parker Street, 114 E. 10th Street, 105 E. 11th Street, 413 Wellington Street, 409 Wellington Street, 663 Kern Street, and 214 Cottage Street, in the amount of$3,700, and approving the contract, bond, and certificate of insurance and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-664. 159034 - Amos/Grieder that proof of publication of notice of public hearing on Asbestos abatement services Contract No. AB-8-2929-8P for properties located 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, as published in the Waterloo Courier on August 7, 2020, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159035 - Amos/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159036 - Amos/Grieder that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Page 15 of 214 September 8, 2020 Page 8 Resolution adopted and upon approval by Mayor assigned No. 2020-665. Kelley Felchle, City Clerk, read the bids received for the project. Estimate: $50,000 Bidder Bid Security Bid Amount REW Services Corp 5% $249,539 Des Moines, IA Advanced Environmental Waterloo, IA 5% $158,400 Abatement Specialties LLC Cedar Rapids, IA 5% $188,209 Environmental Property Solutions Urbandale, IA 5% $73,150 159037 - Amos/Grieder that"Resolution awarding asbestos abatement bid to Advanced Environmental of Waterloo, Iowa, in the amount of$158,400,and approving the contract,bonds and certificate of insurance, 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, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. 159038 - Amos/Grieder To amend inserting"and receiving and filing the bids for the project,"after the word documents. Roll- call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-666. 159039 - Klein/Amos that proof of publication of notice of public hearing on Asbestos abatement services, Contract No. AB-2020-08-1P, for property located at 120 Center Street, as published in the Waterloo Courier on August 25, 2020,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, questioned how many pieces of property the city owns for future economic development. Noel Anderson commented that the city owns over 150 property for residential infill and would send Mr. Dryer a complete list including commercial and industrial properties. 159040 - Klein/Amos that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159041 - Klein/Amos that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-667. 159042 - Klein/Amos Motion to receive and file and instruct City Clerk to read bids. Page 16 of 214 September 8, 2020 Page 9 Estimate: $10,000 Bidder Bid Security Total Bid Amount REW Services Corp 5% $33,232 Des Moines, IA Advanced Environmental Waterloo, IA 5% $13 500 Abatement Specialties, LLC o Cedar Rapids, IA 5/o $11,290 Environmental Property Solutions o Urbandale, IA 5/o $15,800 Active Thermal Concepts 5% $78,625 Hiawatha, IA Voice vote-Ayes: Seven. Motion carried. 159043 - Klein/Amos that "Resolution awarding asbestos abatement bid to Abatement Specialties, LLC, of Cedar Rapids, Iowa, and approving Contract No. AB-2020-08-1P, bond and certificate of insurance, in conjunction with asbestos abatement services at 120 Center Street, in the amount of$11,290, and authorizing the Mayor to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned what the low bid is not doing that the high bid was proposing to do. Noel Anderson provided an overview of the bids received. He added that the city will receiving a grant from the DNR for paying for the abatement as well. Resolution adopted and upon approval by Mayor assigned No. 2020-668. 159044 - Amos/Grieder that proof of publication of notice of public hearing on Demolition services, Contract No. D-2020- 08-1P for property located at 120 Center Street, as published in the Waterloo Courier on August 25, 2020,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 159045 - Amos/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159046 - Amos/Grieder that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-669. 159047 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids. Estimate: $150,000 Bidder Bid Security Total Bid Amount Lehman Trucking& Excavating Inc o Waterloo, IA 5/o $262,542 Page 17 of 214 September 8, 2020 Page 10 Schrader Excavating & Grading ° Walford, IA 5/o $129,900 Voice vote-Ayes: Seven. Motion carried. 159048 - Amos/Grieder that "Resolution awarding contract No. D-2020-08-1P, to Schrader Excavating & Grading, of Walford, Iowa, in the amount of $129,900, in conjunction with demolition services at 120 Center Street, approving the contract, bond, and certificate of insurance, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-670. 159049 - Boesen/Grieder that proof of publication of notice of public hearing on Five Sullivan Brothers Convention Center Addition and Lobby Renovation, as published in the Waterloo Courier on August 25, 2020,be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. David Dryer, 3145 W. 4th Street, commented that the city is planning to sell $4million dollars in bonds for the convention center. He questioned how much time and money was spent on trying to get the convention center back. Michelle Weidner, Chief Financial Officer, commented that the city did not spend money to get it back. There were citizens who were concerned that this is a valuable asset and that the city should spend money to fix it up. She stated that the city is now doing just that. 159050 - Boesen/Grieder that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159051 - Boesen/Grieder that"Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that he asked the CFO for a complete accounting of what has been spent to date. He questioned if funds have been identified for some of the additional future expenses, such as roof tuck pointing. Michelle Weider, Chief Financial Officer, provided an overview of the cost of the project and explained plans for future funding. Resolution adopted and upon approval by Mayor assigned No. 2020-671. 159052 - Boesen/Grieder Motion to receive and file and instruct City Clerk to read bids and refer to the Building Department for review. Engineer's Estimate: $4,400,000 Bidder Bid Security Total Bid Amount Henkel Construction Co. Base Bid: $6,654,0005% Alt A-1: $6,000 Mason City, IA Alt A-2: $56,000 Page 18 of 214 September 8, 2020 Page 11 Alt A-3: $875,000 Alt A-4: $23,000 Alt A-5: $360,000 Alt A-6: $148,000 (add helical piers Alt#1) No Bid Alt#2  AND $180,000 (deduct to remove/add footings) Base Bid: $6,265,000 Alt A-1: $45,000 Alt A-2: $70,000 Larson Construction Co. Alt A-3: $600,0005% Alt A-4: $22,000 Independence, IA Alt A-5: $350,000 Alt A-6: No Bid Alt#1 & #2 AND $50,000 (deduct to remove/add footings It#3 Base Bid: $6,061,000 Alt A-1: $46,000 Alt A-2: $61,000 Alt A-3: $568,000 Cardinal Construction Alt A-4: $20,300 Waterloo, IA 5% Alt A-5: $438,000 Alt A-6: $148,000 (add helical piers Alt#1) No Bid Alt#2 & #3 AND $692,700 (deduct to remove/add footings It#3 Base Bid: $6,049,000 Alt A-1: $45,000 Alt A-2: $73,792 Alt A-3: $458,437 Alt A-4: $22,603 PRO Commercial ° Alt A-5: $354,200 Huxley, IA 5/0 Alt A-6: $168,000 (add helical piers Alt#1) OR$320,000 (add minipiles Alt 2) No Bid Alt#3 AND $25,000 (deduct to remove/add footings It#3 Voice vote-Ayes: Seven. Motion carried. RESOLUTIONS 159053 - Klein/Grieder that"Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11- 3-4(B)to allow for the recording of the Cedar Valley Crossing final plat, a ten lot commercial/industrial subdivision,located southwest of 3353 Mamie Avenue that was not recorded within nine months after it was approved by the City Council on April 1, 2019",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-672. 159054 - Klein/Grieder that"Resolution approving an Early Access Agreement with Steege Investments,LLC,to allow earth- moving activities in preparation for development of the site north of 3488 Wagner Road, and authorizing the Mayor and City Clerk to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Page 19 of 214 September 8, 2020 Page 12 Resolution adopted and upon approval by Mayor assigned No. 2020-673 159055 - Klein/Grieder that"Resolution approving the project designs of a home to be built by Hawkeye Community College on lot 10,Block 1,of Manson's Second Addition of Newell Street,at a budget not to exceed$139,500", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-674. 159056 - Juon/Grieder that"Resolution approving a request from Modern Design on behalf of Image Pointe, for an appeal of the Driveway Policy to allow for an extended curb cut on Cornwall Avenue located at 1224 La Porte Road", be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-675. 159057 - Juon/Grieder that"Resolution approving an amendment to the Development Agreement with 401 Devonshire,LLC, changing completion date to May 7, 2021, and approving a different style of new single-family home, located east of 405 Devonshire Drive, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Noel Anderson, Community Planning and Development Director provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-676. 159058 - Juon/Grieder that"Resolution approving the Main Street parking lot loan refinancing and continued loan guarantee, by the City of Waterloo, in an amount not to exceed$181,379.30, and authorizing the Mayor and City Clerk to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, requested an overview of the item. Noel Anderson, Community Planning and Development Director provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2020-677. 159059 - Boesen/Grieder that"Resolution approving Temporary Easement Agreements with Timothy J. Chamberlin and Sharon K. Chamberlin, in the amount of$256.67, for property located at 3726 East Shaulis Road, Austin J. Payne, in the amount of$100, 3675 Cedar Terrace Drive, Steven D. Coleman and Susan C. Coleman, in the amount of $100, 4003 East Shaulis Road, Laura D. Fay, in the amount of $100, 4011 East Shaulis Road, and Becky S. Hughes and Keith D. Nicol, in the amount of$100, North of 4232 East Shaulis Road, in in conjunction with the Shaulis Road Trail Phase II Project", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-678. 159060 - Boesen/Grieder that "Resolution accepting Grant No. 3-19-0094-046-2020 from the USDOT and the FAA, in the amount of$4,855,854, for projects at the Waterloo Regional Airport, and authorizing the Mayor and City Attorney to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-679. Page 20 of 214 September 8, 2020 Page 13 159061 - Boesen/Grieder that "Resolution approving a Construction Related Services Agreement with AECOM Technical Services,Inc.,of Waterloo,Iowa in the amount of$425,500,in conjunction with paving improvements and other miscellaneous work associated with FAA Grant No. 3-19-0094-0046-2020, and authorizing the Mayor and City Clerk to execute said document",be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-680. 159062 - Klein/Feuss that "Resolution awarding the bid to Cedar Valley Corp., LLC, of Waterloo, Iowa, in the amount of $4,116,725, approving contract, bond and certificate of insurance, in conjunction with Waterloo Regional Airport projects associated with FAA Grant No. 3-19-0094-046-2020, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-681. 159063 - Klein/Feuss that"Resolution approving a Grant Agreement with the Iowa Department of Transportation-Aviation Bureau for Fiscal Year 2021, Project No. 22562 and Contract No. 9-I-210-ALO-135, in conjunction with Air Service Marketing at the Waterloo Regional Airport, and authorizing the Mayor and Airport Director to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-682. 159064 - Klein/Feuss that "Resolution approving Addendum No. 4 to the Professional Services Agreement with Robinson Engineering Company, of Independence, Iowa, originally executed July 30,2018, in an amount not to exceed $1,820, in conjunction with the Westdale Subdivision Swale Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-683. 159065 - Feuss/Grieder that "Resolution approving a Professional Services Agreement with Stanley Consultants, Inc., of Des Moines,Iowa,in an amount not to exceed$1,043,000,for the preliminary and final engineering design and bidding phases,in conjunction with the Park Avenue and 11th Street Bridge Replacements Project, and authorizing the Mayor to execute said document", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen commented that he reached out to the City Engineer and CFO regarding funding for the agreement and received conflicting responses. Michelle Weidner provided an overview of funding for the project. Resolution adopted and upon approval by Mayor assigned No. 2020-684. 159066 - Feuss/Grieder that "Resolution approving construction of Phase II of the FY 2020 Asphalt Overlay Program, Contract No. 992", be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Boesen requested a dollar amount for this project. Page 21 of 214 September 8, 2020 Page 14 Jamie Knutson, City Engineer, commented that he does not have the dollar amount in front of him as he is at home but would get the information to the council. Resolution adopted and upon approval by Mayor assigned No. 2020-685. 159067 - Feuss/Grieder that"Resolution approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services, and authorizing the Mayor to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-686. ORDINANCES 159068 - Grieder/Feuss that "an ordinance amending rescinding Ordinance No. 5123, an ordinance vacating portions of Jackson and Merriman Streets, and rescinding Resolution No. 2012-656, a resolution authorizing the sale and conveyance of portions of Jackson and Merriman Streets for$1.00,plus costs to Union Baptist Church", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 159069 - Grieder/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 159070 - Grieder/Feuss that "an ordinance rescinding Ordinance No. 5123, an ordinance vacating portions of Jackson and Merriman Streets, and rescinding Resolution No. 2012-656, a resolution authorizing the sale and conveyance of portions of Jackson and Merriman Streets for $1.00, plus costs to Union Baptist Church", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Motion carried. Mrs. Juon requested an overview of the item. Noel Anderson, Community Planning and Development Director, provided an overview of the item. Ordinance adopted and upon approval by Mayor assigned No. 5573. OTHER COUNCIL BUSINESS 159071 - Klein/Amos that "Resolution approving proposed construction of sidewalk improvements", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-687. 159072 - Klein/Amos that "Resolution to fix value of lots", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-688. 159073 - Klein/Amos that "Resolution to adopt proposed plat and schedule of assessments and estimate of costs", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-689. Page 22 of 214 September 8, 2020 Page 15 159074 - Klein/Amos that "Resolution of necessity and setting date of public hearing as September 28, 2020", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-690. ADJOURNMENT 159075 - Klein/Boesen that the Council adjourn at 6:52 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 23 of 214 crrYoF WATEnoo, i PROCLAMATION WHEREAS, September 17, 2020, marks the two hundred thirty-third anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and YHA, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of September 17 through 23, 2020, as coNsTrrunm WOK In Waterloo, Iowa, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 14' day of September 2020. ATTEST: elley Fel le Quentin Hart City Clerk Mayor CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS$ the people of the United States join together from Se 15t'- October September 15 October 15th to pay tribute to the contributions of generations of Hispanic and Latinx Americans who have enriched the history of the United States; and WHEREAS, the history of Hispanic and Latinx Americans is inextricably tied to the story of the United States; and WHEREAS, according to the Bureau of the Census, the Hispanic and Latinx population grew quickly over the last decade, surging nearly 53 percent between 2000 and 2020: and WHEREAS, there are approximately 60,600,000+ residents of the United States who identify themselves as Hispanic or Latinx making up nearly 19 percent of the total population of the United States; and WHEREAS, the observation began in 1968 as Hispanic Heritage Week under President P g Lyndon B. Johnson, and was enacted as federal law on August 17, 1988, calling upon all the people of the United States to observe this time with ceremonies, activities, and programs; and WHEREAS, Hispanics and Latinx individuals have contributed, enhanced, and shaped our national character with centuries that reflect the multi-ethnic and multicultural customs of their communities, while adding their own distinct and dynamic perspectives on our national story; and WREREASP celebrating Hispanic/Latinx Heritage Month provides the people of the United States with an opportunity to recognize the achievements, contributions, and history of, and to understand the challenges faced by Hispanic and Latinx Americans: N019, THEREFORE, I, Mayor Quentin Hart, do hereby recognize September 15 through October 15, 2020 as: 11"MIC SND LATINX ITHERMITAgGEM'K MONTH In Waterloo,Iowa,and encourages all community residents to celebrate our great diversity throughout the month with focus on and celebration of our Hispanic/Latinx neighbors. IN YNTNF.SSS YVEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa to be affixed this 1411 day of September 2020. ATTEST: Kelley Fel le — Quentin Hart City Clerk Mayor Page 25 of 214 CITY OF WATERLOO Council Communication Resolution approving request of Lynn M. Miller for a waiver for a concrete driveway, located at 838 Belle 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: 9/14/2020 Prepared: 9/8/2020 ATTACHMENTS: Description Type ❑ DW Waiver 838 Belle St Backup Material Resolution approving request of Lynn M. Miller for a waiver for a concrete SUBJECT: driveway, located at 838 Belle 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 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. Recommended Action: 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. Legal Descriptions: CEDAR TERRACE THIRD ADDITION L OT 171 Page 26 of 214 WAIVER ®ate: -- �' �2_ jo Honorable Mayor and City Council Sfp 4 City Hall Y�'GI Waterloo, IA 50703 Council Persons: hereby request a waiver to the driveway and sidewalk specifications for the construction of at.` 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, M . Prided Name of Property Cwne�`r— Sigh ur f Property Owner Page 27 of 214 CITY OF WATERLOO Council Communication Resolution approving cancellation of assessment for 233 Arden Street, in the amount of$370.07, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 9/14/2020 Prepared: 9/11/2020 Resolution approving cancellation of assessment for 233 Arden Street, in the SUBJECT: amount of$370.07, and authorizingthe he City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By:Kelley Felchle, City Clerk Page 28 of 214 CITY OF WATERLOO Council Communication Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement and Emission Reduction Project, on Broadway Street connecting signals from downtown to Airport Boulevard, with a local match of$100,000, committing to maintaining the improvements as required by the Iowa Department of Transportation, and authorizing the Mayor to execute said document. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type U Project Map Backup Material Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement and Emission Reduction Project, on Broadway Street connecting signals SUBJECT: from downtown to Airport Boulevard, with a local match of$100,000, committing to maintaining the improvements as required by the Iowa Department of Transportation, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Elahi Mohammad, Traffic Engineer Recommended Action: Approve Resolution Summary Statement: This resolution authorizes applying for an ICAAP grant. Expenditure Required: $500,000 Source of Funds: $400,000 Grant Funds $100,000 Local Match Policy Issue: Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. Background Information: The grant if approved will provide for upgraded signal system, fiber optic interconnect, and signal timing and coordination. Page 29 of 214 Traffic Signal System ImprovemeKt Broadway Street Corridor Traffic OperatioKs Department Wo fertop Regonol ArrpClrt A T52 Type 1-BLUE M 52 TSI-BLUE M 52 - T52 Type 1-BLUE M 52 w - TS1-BLUE M 52JT� � r * TS1-BLACK M 52 m A'•1' i T51-BLUE M 52 f3[Jf1L+iL1J7� 1; TS2 Type 1-SLUE M 52 ©� I f r• f � Tf _ � PA 1rR TS14jX_ [AIM sr �7"_�IvadR ST tu rpf. T51-M 10' r ■ MA Y�4 uJ ❑�: � �, ._ ,. . :�?.Pr►.7fY1_i'�� `meq_ t. -�;--,'° ' .. � -r.. (l Legend p _ • Signal m D 3,000 Feet Source.ESM.City,or Waledoa CITY OF WATERLOO Council Communication Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement and Emission Reduction Project on US 63 from Donald Street to Newell Street, with a local match of$29,000, committing to maintaining the improvements as required by the Iowa Department Of Transportation, and Authorizing the Mayor to execute said document. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ US 63N adaptive Map Backup Material Resolution authorizing the Iowa Department of Transportation Iowa Clean Air Attainment Program application to fund the Traffic Flow Improvement SUBJECT: and Emission Reduction Project on US 63 from Donald Street to Newell Street, with a local match of$29,000, committing to maintaining the improvements as required by the Iowa Department Of Transportation, and Authorizing the Mayor to execute said document. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution Summary Statement: This is an application for ICAAP grant to install a traffic adaptive system. Expenditure Required: $145,000 Source of Funds: $116,000 Grant $29,000 City Match Policy Issue: Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. Background Information: The rest US 63 from Dane to Jefferson is on adaptive technology. This project completes the corridor. Page 31 of 214 US 63 FROM DONAL STREET TO NEWELL/CONGER STREET N Lakeside St Vold Dr r,, Keystone S•. W Donald St E Donald St Q in W Dale E Dale St P v \0 _ E i o L 9 U Q E u „ $ o � o Q N W Lows.Sl E Louise St y 63 uJ Q PROPOSED SIGNAL GROUP o TO UPGRADE TO ADAPTIVE 10 TECHNOLOGY Q Anita St E r to Esther St 1V ryanover St ' Hanover St tir � i � N _ N T E a Arlington St W Arlington St u 9 Lester Sl a o m y = z E E 0 Charles St O N U L N e E Parker St W W Parker St _ B n °ap, c u u rc Oliver St y N'a Mosley St y c 1 c 63 c o 'pI J c J Kern St � Gable St Q' Hawver Ct GGA c a S� a J Ricker St Dawson St T —Newell-St U « Quincy St � v _ c � u Webster St 1,000 500 0 1,000 Feet Sources: Esri, HERE,Garmin, USGS, Intermap, INCREMENT P, NRCan,E'sri Japan, METI,Esri China(Hong Kong),Esri Korea, Esri (Thailand,),`INGCC,(c)OpenStreetMap contributors,alid,thesGIS User Community = _ Page 32 of 214 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as September 28, 2020, for the sale and conveyance and vacation of street right-of-way of city owned property located at 120 Center Street, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square-foot building, and instruct the City Clerk to publish said notice. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ Development Agreement Backup Material ❑ Map Backup Material Resolution setting date of public hearing as September 28. 2020, for the sale and conveyance and vacation of street right-of-way of city owned propeM SUBJECT: located at 120 Center Street, to Perfect Match Properties, LLC, including a Development and Minimum Assessment Agreement, for the development of a 7,280 square-foot building, and instruct the City Clerk to publish said notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The City acquired 120 Center Street in 2016 with demolition of the building starting this past July and the development agreement requires the developer to construct a 7,280 square foot building upon that site. The City will also convey right-of-way north of 217 Conger Street to the developer and a plat of survey will have to be completed to create a legal description and this Summary Statement: right-of-way need to be vacated before it can be transferred. The acquisition and removal of 120 Center Street was for economic development purposes and redevelopment of the property is a good infill project, utilizing existing infrastructure. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development and Sale of Property A part of Lot 5,Assessor Leland's Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, bounded as follows: Page 33 of 214 Commencing at the East corner of said Lot; thence West along the South Legal Descriptions: line of said Lot a distance of 267.23 feet; thence deflect right 90 degrees 1 minute from the last described course a distance of 234.18 feet to the Southwesterly right of way line of the Illinois Central Railroad (formerly the Dubuque& Sioux City Rail Road Company); thence Southeasterly along said Southwesterly right of way line a distance of 355.27 feet more or less to the place of beginning. Page 34 of 214 Preparers Christo her S.Wend and, P.O. Box 586.Waterloo Iowa 50704 (3 19)234-5701 After recording,return to Community Planning&Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement(the "Agreement") is entered into as of 2020, by and between Perfect Match Properties, L.L.C. ("Company") and the City of Waterloo, Iowa ("City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct a building and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey to Company for the sura of$1.00 (the "Purchase Price") the real property described on Exhibit"A" attached hereto (the "Property"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, Page 35 of 214 servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City, within 30 days after completion of demolition activities, reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall have no duty to accept title to the Property until City has completed demolition activities in accordance with Section 6.A. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property a commercial building of no less than 7,280 square feet, and related parking, landscaping, and other improvements to the buildings and grounds, including repair of any fencing that the parties agree is to remain in place (collectively, the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs, site plans and landscape design for City review and approval before the commencement of construction. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within six (6) months from the date of that it receives title to the Property from City following City's completion of demolition as set forth in Section 6.A (the "Project Start Date"), and construction of Improvements must be Substantially Completed within fourteen (14) months after commencement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on 2 Page 36 of 214 which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 15, title to the Property shall revert to City, and City shall have no further obligation hereunder. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens') arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days after written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, cost, expense, liability or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 37 of 214 6. Additional City Assistance. The incentives described in the following subsections of this Section 6 are in addition to the other Project incentives extended by City to Company hereunder. A. demolition. City will demolish all structures on the Property, remove all trees and stumps, fencing (except that which parties agree to leave in place), concrete and debris, leaving a relatively level and construction-ready site, B. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CORA),the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, prodded that Company meets all requirements to qualify for such exemption, C. Additional Parcel. Concurrently with conveyance of the Property, City will convey to Company, on the same terms as set forth in Section 1, an additional parcel of land as legally described on Exhibit"A-1" (the "North Parcel"). Before conveyance City must execute all procedures necessary to vacate the North Parcel. The North Parcel is also subject to reverter of title as provided in Sections 3 and 4 above, on the same terms as prescribed with respect to the Property. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement(the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the aggregate amount of$180,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property (other than any demolition that may be authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may 4 Page 38 of 214 not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 9. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or the North Parcel prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 1 Q. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, Company shall make such reports to City, in such detail and at such times as may be reasonably requested by City, as to the actual progress of Company with respect to construction of the Improvements. C. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that,when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. D. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. E. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a 5 Page 39 of 214 i defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 11. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 12. Representations and Warranties of Company. Company hereby represents and warrants as follows; A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally, D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse 6 Page 40 of 214 decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 13. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or the North Parcel or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property, the North Parcel or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or(2) the acquisition and condition of the Property or the North Parcel and the construction, installation, ownership, and operation of the Improvements, or(3) any hazardous substance or environmental contamination located in or on the Property or the North Parcel, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 14. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; 7 Page 41 of 214 B. Transfer by Company of any interest(either directly or indirectly) in the Improvements, the Property, the North Parcel or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property or the North Parcel; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety (90) days after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or(5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 15. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contractor otherwise for recovery of any sums paid by City to Company before the date of termination or to recover ownership of the Property as set forth in this Agreement. B. Default by City. Whenever any Event of Default in respect of Company occurs and is continuing, Company may take such action against City 8 Page 42 of 214 2 i to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or it the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power, 16. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 17. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 18, Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any 9 Page 43 of 214 l governing body member, officer, employee or agent of City in the individual capacity of such person. 19. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 20. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 315-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 124 Center Street, Waterloo, Iowa 50703, Attention: Robert Adams. Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or(iv)when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 21. No Joint Venture. Nothing In this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 22. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 23. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall 10 Page 44 of 214 continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 24. ,Captions. Ali captions, headings, or titles in the paragraphs or sections of p P 9 this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 25. Binding Effect:. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 27. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 28. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] CITY OF WATERLOO, IOWA PERFECT MATCH P r PERTIES, L.L.C. By: By: Quentin M. Hart, Mayor Robert M. Adams, President Attest: Kelley Felchle, City Clerk �1 Page 45 of 214 F PERSONAL GUARANTY. The undersigned person(s), being either an owner, officer, shareholder, member and/or manager of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therei2M. of rantors hereunder is joint and several. 12 Page 46 of 214 EXHIBIT "A" Legal Description of Property: A part of Lot 5,Assessor Leland's Plat No. 1, in the City of Waterloo, Black Hawk County, Iowa, bounded as follows; Commencing at the East corner of said Lot;thence West along the South line of said Lot a distance of 26723 feet; thence deflect right 90 degrees 1 minute from the last described course a distance of 234.18 feet to the Southwesterly right of way line of the Illinois Central Railroad (formerly the Dubuque &Sioux City Rail Road Company);thence Southeasterly along said Southwesterly right of way line a distance of 355.27 feet more or less to the place of beginning. Page 47 of 214 EXHIBIT"A-1" Legal Description of North Parcel: (to be supplied) V ,, +11 (�iAt ,tf Page 48 of 214 EXHIBIT"B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement(the "Agreement") is entered into as of , 2020, by and among the CITY OF WATERLOO, IOWA ("City"), Perfect Match Properties, L.L.C. ("Company'), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement(the "Development Agreement") regarding certain real property, described in Exhibit"A"thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project")within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Logan Plaza Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.5, as amended, the City and the Company desire to establish a minimum actual value for the land and the building($) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements")which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $180,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before December 31, 2022. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2029. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403,6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, Page 49 of 214 i however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA PERFE/XMATACERTIES, L.L.C. By: By: _ Quentin M. Hart, Mayor Robert M. Adams, President Attest: Kelley Felchle, City Clerk STATE OF IOWA ) S5. COUNTY OF BLACK HAWK ) On this day of 2020, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed 2 Page 50 of 214 and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE= OF IOWA } ) ss' COUNTY OF BLACK HAWK } Subscribed and sworn to before me on 2020, by Robert M. Adams as President of Perfect Match Properties, L.L.C. Notary Public 3 Page 51 of 214 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than One Hundred Eighty Thousand Dollars ($180,000.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2020, by T.J, Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 52 of 214 \ I 1 .`s i D GO POI r CENTER ST tinAkk ^I T N Cit L of Waterloo,Iowa W E CITY OF WATERLOO Council Communication FY21 Final Clarifier No. 3 Contract No. 1032. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ Memorandum Cover Memo ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving121ans, specifications forms of contract etc., and SUBJECT: authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution approving award of bid to The Cahoy Group of Sumner, Iowa, in the amount of$238,515, in conjunction with FY 2021 Final Clarifier No. 3, Contract No. 1032. Submitted by: Submitted By:Matt Hosford, Collections Systems Pro-ject Director Page 54 of 214 CITY OF WATERLOO , IOWA y� WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. . Waterloo, IA 50703 . Phone(319)291-4553 Date: September 9, 2020 To: Waterloo Mayor and City Council From: Matthew Hosford, P.E., Waste Management Services Re: Reading of Bids and Approving Potential Award for Final Clarifier No. 3 Dewatering Wells (Contract No. 1032) Background Discussion Final Clarifier No. 3 on the Easton treatment plant has been functioning in a limited capacity since August of 2017. Final clarifiers have a lower scraping mechanism that removes accumulated solids from the bottom of the unit and a skimmer arm that removes floating materials from the top. The removal of these solids ensures compliance with Iowa DNR (IDNR) permit regulations to avoid violations and potential fines. Staff observed the mechanism was not operating correctly necessitating further evaluation. To properly evaluate the final clarifier, it must be completely dewatered, which requires the installation of dewatering wells. Once dewatered, City staff can evaluate the clarifier's condition and plan repairs. The dewatering wells will remain in place after the completion of the contract for future use. The project's scheduled completion date is December 18, 2020. AECOM was hired to prepare the plans and specifications and provide construction related services. The Engineer's Estimate of Cost is $320,000.00. This project is part of the approved Capital Improvements Program and is funded from the sewer fund. The public hearing date was set at the August 24, 2020 regular meeting. The bid opening date is scheduled for September 10, 2020. The public hearing, official bid reading, and potential award is scheduled for September 14, 2020. Recommended Action It is recommended that the City Council approve the bid reading and potential award for the Final Clarifier No. 3 Dewatering Wells at the September 14, 2020 Regular Meeting. Page 55 of 214 Final Clarifier No.3, Cont No 1032 Bid Tab: September 10, 2020 Bidder Bid Security Total Bid Amount Griffin Dewatering 5% $342,000 Omaha,NE The Cahoy Group 5% $238,515 Sumner, IA Page 56 of 214 CITY OF WATERLOO Council Communication Purchase of three (3)2020 or newer Wheel Loader V Plow(s)with Wing. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming specifications, bid documents, etc., and authorizing to SUBJECT: proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution approving award of bid to Titan Machinery of Center Point, Iowa, in the amount of$156,720, for three(3) Wheel Loader Wings and Plows, $52,240 each, for the Street Department. Submitted by: Submitted By: Randy Bennett, Public Works Division Manager Recommended Action: Approve Resolution Summary Statement: With this additional equipment, loaders will be used in snow removal operations to become more versatile and efficient. Expenditure Required: $120,000 (or$40,000 each) Source of Funds: GO Bond Funding Policy Issue: Strategy: 2.2:Enlist all City departments and staff members in efforts to promote a safer community. Page 57 of 214 Wheel Loader V Plow(s) with Wing Bid Tab: September 10, 2020 Bidder Bid Security Total Bid Amount Murphy Tractor Waterloo, IA $56,514.12 Mid Country Machinery Waterloo, IA $55,900.00 Titan Machinery Center Point, IA $52,240.00 Page 58 of 214 CITY OF WATERLOO Council Communication FY 2021 Hope Martin Park Shelter Reconstruction Project, Contract No. 1028. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted by: Submitted By:Matt Schindel, Associate Engineer Source of Funds: Leisure Services funds Page 59 of 214 FY21 Hope Martin Park, Contract No. 1028 Bid Tab: September 10, 2020 Bidder Bid Security Total Bid Amount Cardinal Construction 5% $139,000 Waterloo, IA Lodge Construction Inc 5% $131,293 Clarksville, IA Woodruff Construction Inc 5% $163,683 Waterloo, IA Page 60 of 214 CITY OF WATERLOO Council Communication Waterloo Regional Airport Water Main Improvements - Phase I, Contract No. 1033. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ #1033 BID TAB.pdf Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract, etc., and authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted by: Submitted By:Wayne Castle, PLS, PE, Associate Engineer Source of Funds: TIFF Page 61 of 214 Bid Tabulation WATERLOO AIRPORT WATER MAIN - PHASE I City of Waterloo A_COM City Contract No. 1033 AECOM Project No. 60633175 Thursday, September 10, 2020 Engineers Estimate Midwest Concrete Denver Underground Peterson Contractors Baker Enterprises Vieth Construction Pirc-Tobin Construction Busy Bee Construction Average Item Description Unit Estimated Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Bid Price Quantity BASE BID 1 MOBILIZATION LS 1 $ 45,000.00 $ 45,000.00 $ 21,500.00 $ 21,500.00 $ 6,000.00 $ 6,000.00 $ 24,500.00 $ 24,500.00 $ 19,500.00 $ 19,500.00 $ 23,000.00 $ 23,000.00 $ 100,000.00 $ 100,000.00 $ 10,000.00 $ 10,000.00 $ 29,214.29 2 REPLACEMENT OF UNSUITABLE CY BACKFILL MATERIALS 300 $ 40.00 $ 12,000.00 $ 26.00 $ 7,800.00 $ 27.00 $ 8,100.00 $ 40.00 $ 12,000.00 $ 35.00 $ 10,500.00 $ 52.00 $ 15,600.00 $ 35.00 $ 10,500.00 $ 80.00 $ 24,000.00 $ 42.14 WATER MAIN,TRENCHED, 3 DUCTILE IRON PIPE(DIP),6 IN, LF NITRILE GASKETS 22 $ 90.00 $ 1,980.00 $ 80.00 $ 1,760.00 $ 50.00 $ 1,100.00 $ 65.00 $ 1,430.00 $ 80.00 $ 1,760.00 $ 185.00 $ 4,070.00 $ 80.00 $ 1,760.00 $ 61.00 $ 1,342.00 $ 85.86 WATER MAIN,TRENCHED, 4 DUCTILE IRON PIPE(DIP),12 IN, LF NITRILE GASKETS 1,821 $ 145.00 $ 263,987.00 $ 65.00 $ 118,339.00 $ 72.00 $ 131,083.20 $ 67.50 $ 122,890.50 $ 85.00 $ 154,751.00 $ 100.00 $ 182,060.00 $ 65.00 $ 118,339.00 $ 91.90 $ 167,313.14 $ 78.06 WATER MAIN,DIRECT BURIED, DUCTILE IRON PIPE(DIP),12 IN, 5 NITRILE GASKETS,INTEGRAL LF RESTRAINED JOINTS WITH CASING PIPE 30 $ 450.00 $ 13,500.00 $ 400.00 $ 12,000.00 $ 300.00 $ 9,000.00 $ 400.00 $ 12,000.00 $ 350.00 $ 10,500.00 $ 550.00 $ 16,500.00 $ 250.00 $ 7,500.00 $ 435.87 $ 13,076.10 $ 383.70 FITTINGS BY COUNT,DUCTILE 6 IRON,12 IN,MJ CAP EA 2 $ 500.00 $ 1,000.00 $ 1,000.00 $ 2,000.00 $ 350.00 $ 700.00 $ 600.00 $ 1,200.00 $ 285.00 $ 570.00 $ 285.00 $ 570.00 $ 325.00 $ 650.00 $ 287.00 $ 574.00 $ 447.43 FITTINGS BY COUNT,DUCTILE 7 IRON,12 IN,45°ELBOW EA 9 $ 1,000.00 $ 9,000.00 $ 1,000.00 $ 9,000.00 $ 1,000.00 $ 9,000.00 $ 800.00 $ 7,200.00 $ 560.00 $ 5,040.00 $ 500.00 $ 4,500.00 $ 1,300.00 $ 11,700.00 $ 1,385.00 $ 12,465.00 $ 935.00 FITTINGS BY COUNT,DUCTILE 8 IRON,12 IN,22 1/2°ELBOW EA 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 680.00 $ 680.00 $ 800.00 $ 800.00 $ 540.00 $ 540.00 $ 475.00 $ 475.00 $ 1,300.00 $ 1,300.00 $ 1,286.72 $ 1,286.72 $ 868.82 9 FITTINGS BY COUNT,DUCTILE EA IRON,12 IN,11 1/4°ELBOW 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 680.00 $ 680.00 $ 800.00 $ 800.00 $ 530.00 $ 530.00 $ 465.00 $ 465.00 $ 1,300.00 $ 1,300.00 $ 1,279.96 $ 1,279.96 $ 864.99 10 FITTINGS BY COUNT,DUCTILE EA IRON,12 IN,LOCKING TEE 3 $ 1,500.00 $ 4,500.00 $ 1,000.00 $ 3,000.00 $ 1,000.00 $ 3,000.00 $ 1,250.00 $ 3,750.00 $ 780.00 $ 2,340.00 $ 815.00 $ 2,445.00 $ 1,500.00 $ 4,500.00 $ 1,475.21 $ 4,425.63 $ 1,117.17 12 IN,LIVE TAP WITH FULLY 11 ENCAPSULATING STAINLESS EA STEEL TAPPING SLEEVE AND VALVE 1 $ 3,500.00 $ 3,500.00 $ 5,500.00 $ 5,500.00 $ 6,000.00 $ 6,000.00 $ 7,000.00 $ 7,000.00 $ 7,950.00 $ 7,950.00 $ 6,250.00 $ 63250.00 $ 7,900.00 $ 7,900.00 $ 7,353.00 $ 7,353.00 $ 6,850.43 FITTINGS BY COUNT,DUCTILE 12 IRON,8 IN,RJ LONG SLEEVE EA 1 $ 750.00 $ 750.00 $ 1,000.00 $ 1,000.00 $ 950.00 $ 950.00 $ 1,000.00 $ 1,000.00 $ 375.00 $ 375.00 $ 900.00 $ 900.00 $ 600.00 $ 600.00 $ 1,230.00 $ 1,230.00 $ 865.00 FITTINGS BY COUNT,DUCTILE 13 IRON,6 IN,RJ LONG SLEEVE EA 1 $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 280.00 $ 280.00 $ 500.00 $ 500.00 $ 315.00 $ 315.00 $ 245.00 $ 245.00 $ 550.00 $ 550.00 $ 672.00 $ 672.00 $ 508.86 FITTINGS BY COUNT,DUCTILE 14 IRON,12 IN X 6IN,REDUCER EA 1 $ 750.00 $ 750.00 $ 1,000.00 $ 1,000.00 $ 450.00 $ 450.00 $ 600.00 $ 600.00 $ 420.00 $ 420.00 $ 350.00 $ 350.00 $ 650.00 $ 650.00 $ 1,061.00 $ 1,061.00 $ 647.29 FITTINGS BY COUNT,DUCTILE 15 IRON,12 IN X 8IN,REDUCER EA 1 $ 750.00 $ 750.00 $ 1,000.00 $ 1,000.00 $ 450.00 $ 450.00 $ 600.00 $ 600.00 $ 435.00 $ 435.00 $ 360.00 $ 360.00 $ 650.00 $ 650.00 $ 1,079.00 $ 1,079.00 $ 653.43 16 IVALVE,GATE,DIP,12 IN EA 7 $ 3,500.00 $ 24,500.00 $ 2,600.00 $ 18,200.00 $ 3,000.00 $ 21,000.00 $ 3,500.00 $ 24,500.00 $ 2,450.00 $ 17,150.00 $ 3,250.00 $ 22,750.00 $ 2,600.00 $ 18,200.00 $ 2,837.00 $ 19,859.00 $ 2,891.00 17 FIRE HYDRANT EA 3 $ 6,000.00 $ 18,000.00 $ 5,800.00 $ 17,400.00 $ 5,500.00 $ 16,500.00 $ 5,000.00 $ 15,000.00 $ 4,700.00 $ 14,100.00 $ 6,000.00 $ 18,000.00 $ 5,400.00 $ 16,200.00 $ 7,610.00 $ 22,830.00 $ 5,715.71 REMOVE AND REPLACE HMA 18 PAVING SY 128 $ 80.00 $ 10,200.00 $ 65.00 $ 8,287.50 $ 95.00 $ 12,112.50 $ 75.00 $ 9,562.50 $ 70.00 $ 8,925.00 $ 85.00 $ 10,837.50 $ 96.00 $ 12,240.00 $ 175.00 $ 22,312.50 $ 94.43 REMOVE AND REPLACE CHAIN LINK 19 FENCE LF 87 $ 100.00 $ 8,700.00 $ 40.00 $ 3,480.00 $ 50.00 $ 4,350.00 $ 70.00 $ 6,090.00 $ 25.00 $ 2,175.00 $ 65.00 $ 5,655.00 $ 136.00 $ 11,832.00 $ 100.00 $ 8,700.00 $ 69.43 20 12"WATTLES LF 4,587 $ 3.00 $ 13,759.80 $ 2.70 $ 12,383.82 $ 3.50 $ 16,053.10 $ 2.25 $ 10,319.85 $ 3.50 $ 16,053.10 $ 2.50 $ 11,466.50 $ 2.50 $ 11,466.50 $ 6.00 $ 27,519.60 $ 3.28 21 BOLLARDS EA 8 $ 500.00 $ 4,000.00 $ 300.00 $ 2,400.00 $ 350.00 $ 2,800.00 $ 1,000.00 $ 8,000.00 $ 450.00 $ 3,600.00 $ 450.00 $ 3,600.00 $ 955.00 $ 7,640.00 $ 1,800.00 $ 14,400.00 $ 757.86 22 URBAN SEED MIX-PERMANENT AC 1.1 $ 4,000.00 $ 4,400.00 $ 3,800.00 $ 4,180.00 $ 3,900.00 $ 4,290.00 $ 5,500.00 $ 6,050.00 $ 3,950.00 $ 4,345.00 $ 4,875.00 $ 5,362.50 $ 4,900.00 $ 5,390.00 $ 4,727.27 $ 5,200.00 $ 4,521.75 23 URBAN SEEDMIX-TEMPORARY AC 1.1 $ 2,500.00 $ 2,750.00 $ 500.00 $ 550.00 $ 2,950.00 $ 3,245.00 $ 2,250.00 $ 2,475.00 $ 3,000.00 $ 3,300.00 $ 2,500.00 $ 21750.00 $ 2,500.00 $ 2,750.00 $ 4,727.27 $ 5,200.00 $ 2,632.47 24 RURAL SEEDMIX-TEMPORARY AC 0.9 $ 2,000.00 $ 1,800.00 $ 500.00 $ 450.00 $ 2,950.00 $ 2,655.00 $ 1,750.00 $ 1,575.00 $ 3,000.00 $ 2,700.00 $ 2,000.00 $ 1,800.00 $ 2,000.00 $ 1,800.00 $ 2,314.29 PROJECT TOTAL $ 447,326.80 $ 254,230.32 $ 260,478.80 $ 279,842.85 $ 287,874.10 $ 340,011.50 $ 355,417.50 Proposal Total: 377178.65 IIIIIIIIIIIIIIIIMathernatical Mistake made by the Contractor on their Bid Proposal Difference $ 400.01 Busy Bee Proposal shows a Unit Bid Price of$4000,but multiplied by 1.0,rather than 0.9 acres. This created a difference in the Proposed Project total of about$400. P:\60633175\000_P re_Contract\2020.09.10_WatedooAirportW M_P H 1_EngrEst_BidTab.xlsx Page 62 of 214 CITY OF WATERLOO Council Communication General Obligation Bonds - ECP-UR 6- The issuance of not to exceed $4,000,000 General Obligation Bonds for essential corporate urban renewal purposes. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type Convention Center 4 mil Bond Hearing Sep 2020 Cover Memo Council Comm Motion to receive and file proof of publication of notice of public hearing HOLD HEARING -No comments on file. SUBJECT: Motion to close hearing and receive and file oral and written comments. Resolution instituting proceedings to take additional action for the issuance of not to exceed $4,000,000 General Obligation Bonds. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer ECP-UR 6—Not to exceed $4,000,000 General Obligation Bonds (ECP- UR 6) for essential corporate urban renewal purposes, to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban Recommended Action: renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, such as those costs associated with the improvement, reconstruction, equipping and repair of the Sullivan Convention Center. These bonds are expected to sold next spring. Hearing authorization is needed now in order to execute a contract for the next phase of improvements to the Convention Center. We have set the hearing authority higher than the bond amount expected to be sold to provide flexibility. The pandemic has created an unusual set of circumstances for convention centers. It's in the City's best interest to do major renovations during the Summary Statement: time that the demand for events at the Center is lower due to the pandemic. As you may remember, the City took over operations of the Convention Center in January 2020, shortly before COVID-19 began to impact our economy. It makes sense to reduce the impact on the Center's operations as much and as soon as possible, by being able to have the Center open again as soon as possible. We hope to reduce the negative impact on the City's operating budget by proceeding with these projects at this time. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from property taxes. Policy Issue: The issuance of bonds commits the City to future repayment. Page 63 of 214 Alternative: The City could choose not to sell bonds and not proceed with the projects. Page 64 of 214 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Council Communication City Council Meeting: September 8, 2020 Prepared: September 1, 2020 Mayor Dept. Head Signature: Michelle Weidner QUENTIN HART Number of Attachments: None SUBJECT: FYE2020 Convention Center Improvements COUNCIL Bond Issue Hearing MEMBERS Y Submitted b Michelle Weidner, Chief Financial Officer ................... Recommended City Council Actions: MARGARET KLEIN Adopt resolutions to set the date of hearing as September 14, 2020 on the Wards proposed issuance of the following bonds for the project classifications previously approved, as follows: JONATHAN GREIDER ECP-UR-6 — Not to exceed $4,000,000 General Obligation Urban Ward Renewal Bonds (ECP-UR-6) for essential corporate urban renewal PATRICK purposes, to provide funds to pay the costs of aiding in the planning, MORRISSEY undertaking and carrying out of urban renewal projects under the Ward authority of Chapter 403 and the Urban Renewal Plans for the Downtown Waterloo Urban Renewal and Redevelopment Area, such JEROME as those costs associated with the improvement, reconstruction, AMOS,JR. equipping and repair of the Sullivan Convention Center. Ward 4 RAY Summary Statement: These bonds are expected to sold next spring. Hearing FEUSS authorization is needed now in order to execute a contract for the next phase of Wards improvements to the Convention Center. We have set the hearing authority higher than the bond amount expected to be sold to provide flexibility. SHARON The pandemic has created an unusual set of circumstances for convention NON A:-Large centers. It's in the City's best interest to do major renovations during the time that the demand for events at the Center is lower due to the pandemic. As you may DAVE remember, the City took over operations of the Convention Center in January BOESEN 2020, shortly before COVID-19 began to impact our economy. It makes sense to A:-Large reduce the impact on the Center's operations as much and as soon as possible, by being able to have the Center open again as soon as possible. We hope to reduce the negative impact on the City's operating budget by proceeding with these projects at this time. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from property taxes. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceed with the project. Page 65 of 214 CITY OF WATERLOO Council Communication Resolution awarding bid to Cardinal Construction Inc., of Waterloo, Iowa, in the amount of$5,516,300, in conjunction with the Waterloo Five Sullivan Brother Convention Center Addition and Lobby Renovation Project, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/14/2020 Prepared: 9/10/2020 ATTACHMENTS: Description Type ❑ Contract- 5 Bros Addition/Lobby Renovation Backup Material ❑ Certificate of Insurance Backup Material ❑ Bid Tab Backup Material ❑ Bond Backup Material Resolution awarding bid to Cardinal Construction Inc., of Waterloo, Iowa, SUBJECT: in the amount of$5,516,300, in conjunction with the Waterloo Five Sullivan Brother Convention Center Addition and Lobby Renovation Project, 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 Summary Statement: Accepting the reduction of$692,700 for Alternate 6 and adding Alternate 6 of$148,000 for a total contract amount of$ 5,516,300. Page 66 of 214 OWNER ,-V,A1A Document A101" - 2417 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Eighth day of September in the year Two Thousand Twenty (In words, indicate day, month and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN the Owner: added information needed for its (Name, legal status, address and other information) completion.The author may also have revised the text of the original City of Waterloo AIA standard form.An Additions and 715 Mulberry Street Deletions Report that notes added Waterloo,IA 50703 information as well as revisions to the Telephone Number: 319-291-4311 standard form text is available from Fax Number: 319-291-4286 the author and should be reviewed.A vertical line in the left margin of this and the Contractor: document indicates where the author has added necessary information (Name, legal status, address and other information) and where the author has added to or Cardinal Construction,Inc. deleted from the original AIA text. 1246 Martin Road This document has important legal Waterloo,IA 50701 consequences.Consultation with an Telephone Number: 319-232-5400 attorney is encouraged with respect to its completion or modification. The parties should complete for the following Project: Al 010-2017,Exhibit A,Insurance (Name, location and detailed description) and Bonds,contemporaneously with this Agreement.AIA Document Five Sullivan Brothers Convention Center Addition and Renovation,Waterloo,IA. A20102017,General Conditions of the Contract for Construction,is adopted in this document by reference.Do not use with other The Architect: general conditions unless this (Name, legal status, address and other information) document is modified. I&S Group,Inc.(ISG) 314 East 4th Street Waterloo,IA 50703 Telephone Number: 319-234-1515 The Owner and Contractor agree as follows. /nit. AIA 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 registered trademarks and may not be used without permission.This document was produced by AIA software at 13:08:38 ET on 09/08/2020 under Order t 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: Patge9��16bf 214 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 1 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) [X] The date of this Agreement. [ ] A date set forth in a notice to proceed issued by the Owner. f ] 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. Init. 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 AIA Logo,"A101,"and"AIA Contract Documents"are 2 registered trademarks and may not be used without permission This document was produced by AIA software at 13:08:38 ET on 09/08/2020 under Order I 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: (87596 Page�� o) f 214 [XI By the following date: Substantial Completion: August 13,2021;Final Completion to be September 3,2021. § 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 Five Million Five Hundred Sixteen Thousand Three Hundred Dollars and Zero Cents($5,516,300.00),subject to additions and deductions as provided in the Contract Documents. Basis Bid: $6,061,000.00 Alt No A-6 Add 148,000.00 Removing Stepped Foundations(Deduct) (692,700.00) TOTAL CONTRACT SUM $5,516,300.00 § 4.2 Alternates § 4.2.1 Alternates,if any,included in the Contract Sum: Item Price Alt No A-6-Add Specialty Foundations. $148,000.00 Deduct Removing Stepped Foundations& ($692,700.00) installing addition footings at top of footing elevation 94'-0". § 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: (Idents each allowance) Item Price None listed. § 4.4 Unit prices,if any: (Idents the item and state the unitprice and quantity limitations, if any, to which the unitprice will be applicable) Item Units and Limitations Price per Unit($0.00) Unit Price No. 1:Mark-up to be added to percentage 15% change order and change directive in lieu of what is listed in section 00 7300. Percent maximum overhead and profit on percentage 5% Inst. 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 17:27:37 ET on 09/08/2020 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. Page 69 of 214 User Notes: ( 12189995) indirect costs of a Contractor's Subcontractor. The total mark-up shall not exceed/15 percent percentage 15% and all mark-ups are subject to Architect's approval Unit Price No.2: Temporary insulated and linear foot $62.50 weather-tight partitions. Unit Price No. 3: Temporary Partitions. linear foot $12.50 Unit Price No.4:Over excavation and structural cubic yard $60.00 fill. § 4.5 Liquidated damages,if any: (Paragraph deleted) In the event that Substantial Completion of the work has not occurred on or before the date provided on the bid form by the bidder,then commencing on the following day,and continuing for each day or fraction thereof until Substantial Completion of the work is established,the Contractor shall pay to the Owner,at the sole option of the Owner,the amount of Five Hundred and No/100 Dollars($500.00)per diem"Damage Amount". § 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 A2011l't-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; Init. 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 4 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:27:37 ET on 09/08/2020 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 tt �AIAe o {r�ctOf 214 Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page User Notes: (1312189995) .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. § 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 modif:ed prior to Substantial Completion of the entire Work, including modifications for Substantial Completion ofportions 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 final 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 Init. 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 5 registered trademarks and may not be used without permission This document was produced by AIA software at 13:08:38 ET on 09/08/2020 under Order r 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. Pa'ge97T66f 214 .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) 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. (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(Spec) 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 may be 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) Inst. AIA DocumentA101e-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 13:08:38 ET on 09/08/2020 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. PaFMM 214 Quentin Hart,Mayor 715 Mulberry Street Waterloo,IA 50703 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Katy Susong,President 1246 Martin Road Waterloo,IA 50701 Telephone Number: 319-232-5400 § 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 A101T11-2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum. § 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 AIA Document A201-2017,may be given in accordance with AIA Document E203T"t--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 A101Tw-2017, Standard Form of Agreement Between Owner and Contractor .2 AIA Document A201Tw-2017,General Conditions of the Contract for Construction .3 Drawings Number Title Date Title of Drawings exhibits: Exhibit"A" 7/21/20 .4 Specifications Section Title Date Pages Title of Specifications exhibit: Exhibit"B" 7/21/20 4 .5 Addenda,if any: Inst. 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 7 registered trademarks and may not be used without permission.This document was produced by AIA software at 13:08:38 ET on 09/08/2020 under Order f 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 3 of 214 n Number Date Pages Addenda#1 7/31/20 63 Addenda#2 8/8/20 111 Addenda#3 8/11/20 12 Addenda#4 8/12/20 10 Addenda#5 8/21/20 19 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.) ] AIA Document E204Tm-2017,Sustainable Projects Exhibit,dated as indicated below: (Insert the date of the E204-2017 incorporated into this Agreement.) [ ] The Sustainability Plan: Title Date Pages [ ] Supplementary and other Conditions of the Contract: Document Title Date Pages .9 Other documents,if any,listed below: This Agreement entered into as of the day and year first written abo OWNER(Signature) 0 T TOR(Signature) Quentin Hart,Mayor song,President (Printed name and title) (Printed name and title) Init. 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 8 registered trademarks and may not be used without permission.This document was produced by AIA software at 13:08:38 ET on 09/08/2020 under Order I 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: PaFgMtaf 214 -4 0 z z z- r 4 = J W F W Z H - = r J = Z H Q W 7 FW Z > W = W O > W F O J yi OC Z V Z H _ > m0 o W$ _ _ • ti Al I ..� isOF a `q fE_ A �y CD CY CN z 71 01 LLI f, ON LU 11.14 M xg •a - _ - - - F _ an! a s IJ E �B �Ri! a CL i 1 K Igo lI��r'Of Is; All ZLU i.« }•} :'y l� 7=!C� :':�' ? ,. i� 3Y�� S I St�� l �6i���:��� �•��� E: SJ.:q:y: io` i�.q x�A �kl i �� ; � �` I� I� YII':�!i� ��': ! �•' � a � g= � LL ��a O�i�IQ� 7-�TN9° �I I !-. 15; l '� I �Ylfi'.I[;ill, k'7I6 CIp€f! I ;iy% i°Oldel 11I8..._I_ 'a- --- a•k•______ _ .:5 - � W� a W� €=oa ` Vii•= ..: -: _�i5: Z — a �p P i� �n Z ¢ W > Z a s 1 C Q W p — 1 aIII A IIX LUZ a, €' a e, €x; = pp o M Z ® o� j•` F'a Wxr- rl �� �. ��E�� y� �%L3= oea3s ���{iFI EeE IPa��!€eE{1{1�{E€Ei1��11iiF U "f !' C' ,tel E-:�a.•- � ;r8 I �eja T7. E€{,.PPP2{FzPFPF.z�z,f a94{{sEl.4 Y7 eYi FEi{ � .'�.ii�� 1'•.� , v Y p� s �6 yy3'!!9i[a;!!F{i.i€F F.i Jil, ii z o 6 S 6i.•!Fpi`Fto�f�f({,� Yf F.o pal C E:liiiid3�il€{�{�lB�6GES7�1lfEt: p z F a rxo - - � ^• §o• R!o Y AB's Rk c" E , WW NW.1C z 3 a LL PER n' � i�■�R� � Y:a .-"i= a ii ll7f���.p33�{ ��i �tt`{{�91�€Ei i � �F{ �} '�i�� •+ ,� � cy,3s � css3e � �' i�S�fii�litA!l�FaleE�€�e¢!vla.i�ioli�i�i{{i�al���;; - s; z � .off os i :36•,3{„.P.ikt.!FiYE.FclE161.i•.i{iiii,e..e...iii; U) � '3- � ° -r. 1H.1H. E y e• E {� F ` ~ ° �y W _ 'O amoU 1_md O !Q ; Qtj O(RQ J 4 Page 76 of 214 SECTION 000110 Exhibit "B" TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS 1.01 DIVISION 00-- PROCUREMENT AND CONTRACTING REQUIREMENTS A. 00 0000- Project Manual Cover B. 00 0105- Certifications Page C. 00 0110-Table of Contents D. 00 2113- Instructions to Bidders E. 00 3100-Available Project Information 1. Attachment--Available Project Information F. 00 3113- Bidding and Construction Schedule G. 00 4100- Bid Form 1. Attachment-- Bidder Status Form 2. Attachment-- Exemption Form - City of Waterloo H. 00 7200-General Conditions 1. Attachment--AIA Document A201, 2017 Edition I. 00 7300-Supplementary Conditions SPECIFICATIONS 2.01 DIVISION 01 -- GENERAL REQUIREMENTS A. 01 2000- Price and Payment Procedures B. 01 3000-Administrative Requirements 1. Attachment--Shop Drawing Submittal Form C. 01 3510- Structural Testing and Special Inspection 1. Attachment-- Structural Testing and Special Inspection Program Summary Schedule D. 01 4000-Quality Requirements E. 01 5000-Temporary Facilities and Controls F. 01 6000- Product Requirements 1. Attachment-- Substitution Request Form G. 01 7000- Execution and Closeout Requirements H. 01 7800- Closeout Submittals 2.02 DIVISION 02-- EXISTING CONDITIONS 2.03 DIVISION 03-- CONCRETE A. 03 3000- Cast-in-Place Concrete 2.04 DIVISION 04-- MASONRY A. 04 0511 - Masonry Mortaring and Grouting B. 04 2000- Unit Masonry 2.05 DIVISION 05-- METALS A. 05 1200- Structural Steel Framing B. 05 3100- Steel Decking C. 05 4000- Cold-Formed Metal Framing D. 05 5000- Metal Fabrications E. 05 5100- Metal Stairs F. 05 7313- Glazed Decorative Metal Railings 2.06 DIVISION 06--WOOD, PLASTICS,AND COMPOSITES Project No. 20-23943 Section 00 0110- Page 1 of 4 Five Sullivan Brothers Convention Center Addition and Renovation Page 77 of 214 A. 06 1000- Rough Carpentry B. 064100-Architectural Wood Casework 2.07 DIVISION 07--THERMAL AND MOISTURE PROTECTION A. 07 1325-Self-Adhering Sheet Waterproofing B. 07 1326- Pre-Applied Sheet Waterproofing C. 07 2030- Continuous Insulation (CI)with Conposite Framing Support(CFS) System D. 07 2100-Thermal Insulation E. 07 2119- Foamed-In-Place Insulation F. 07 2500-Weather Barriers G. 07 4213- Metal Soffit Panels H. 07 4213.23- Metal Composite Material Wall Panels I. 07 5400-Thermoplastic Membrane Roofing J. 07 6200- Sheet Metal Flashing and Trim K. 07 8400- Firestopping L. 07 9200-Joint Sealants M. 07 9513-Expansion Joint Cover Assemblies 2.08 DIVISION 08-- OPENINGS A. 08 1113- Hollow Metal Doors and Frames B. 08 3100-Access Doors and Panels C. 08 3323-Overhead Coiling Doors D. 08 4313-Aluminum-Framed Storefronts 1. Attachment-- Preliminary design info for reference only. E. 08 4519- Interconnecting Polycarbonate Wall System F. 08 7100- Door Hardware G. 08 7913- Key Storage Equipment H. 08 8000- Glazing I. 08 9100- Louvers 2.09 DIVISION 09-- FINISHES A. 09 0561 -Common Work Results for Flooring Preparation B. 09 2116-Gypsum Board Assemblies C. 09 3000-Tiling D. 09 5100-Acoustical Ceilings E. 09 6500-Resilient Flooring F. 09 6723- Resinous Flooring Macro Chip G. 09 6724- Resinous Flooring Flintshot H. 09 6813-Tile Carpeting I. 09 7700-Glassfiber Reinforced Plastic Panels J. 09 9113- Exterior Painting K. 09 9123- Interior Painting 2.10 DIVISION 10-- SPECIALTIES A. 10 1400- Signage B. 10 2600-Wall and Corner Protection C. 10 4400- Fire Protection Specialties 2.11 DIVISION 11 -- EQUIPMENT Project No. 20-23943 Section 00 0110- Page 2 of 4 Five Sullivan Brothers Convention Center Addition and Renovation Page 78 of 214 2.12 DIVISION 12-- FURNISHINGS A. 12 2413- Roller Window Shades B. 12 3600- Countertops 2.13 DIVISION 13-- SPECIAL CONSTRUCTION 2.14 DIVISION 14-- CONVEYING EQUIPMENT A. 14 2400- Hydraulic Passenger Elevators 2.15 DIVISION 21 -- FIRE SUPPRESSION A. 21 0500- Common Work Results for Fire Suppression B. 21 1300- Fire-Suppression Sprinkler Systems 2.16 DIVISION 22-- PLUMBING A. 22 0010- Basic Mechanical Plumbing Requirements B. 22 0533- Heat Tracing for Plumbing Piping C. 22 0553- Identification for Plumbing Piping and Equipment D. 22 0719- Plumbing Piping Insulation E. 22 1005- Plumbing Piping F. 22 1006- Plumbing Piping Specialties G. 22 3000- Plumbing Equipment 2.17 DIVISION 23-- HEATING, VENTILATING,AND AIR-CONDITIONING (HVAC) A. 23 0010- Basic Mechanical HVAC Requirements B. 23 0519- Meters and Gauges for HVAC Piping C. 23 0553- Identification for HVAC Piping and Equipment D. 23 0593-Testing, Adjusting, and Balancing for HVAC E. 23 0713- Duct Insulation F. 23 0719- HVAC Piping Insulation G. 23 0923- Direct-Digital Control System for HVAC H. 23 2113- Hydronic Piping I. 23 2114- Hydronic Specialties J. 23 2500- HVAC Water Treatment K. 23 3100- HVAC Ducts and Casings L. 23 3300-Air Duct Accessories M. 23 3600-Air Terminal Units N. 23 3700-Air Outlets and Inlets O. 23 4000- HVAC Air Cleaning Devices P. 23 8200- Convection Heating and Cooling Units 2.18 DIVISION 26-- ELECTRICAL A. 26 0010- Basic Electrical Requirements B. 26 0505- Selective Demolition for Electrical C. 26 0526- Grounding and Bonding for Electrical Systems D. 26 0529- Hangers and Supports for Electrical Systems E. 26 0533.13- Conduit for Electrical Systems F. 26 0533.16- Boxes for Electrical Systems G. 26 0553- Identification for Electrical Systems H. 26 0583-Wiring Connections I. 26 0923- Lighting Control Devices Project No. 20-23943 Section 00 0110- Page 3 of 4 Five Sullivan Brothers Convention Center Addition and Renovation Page 79 of 214 J. 26 0943-Lighting Control System K. 26 2416- Panelboards L. 26 2726-Wiring Devices M. 26 2813- Fuses N. 26 2816.13- Enclosed Circuit Breakers O. 26 2816.16- Enclosed Switches P. 26 5100- Interior Lighting Q. 26 5600- Exterior Lighting 2.19 DIVISION 27-- COMMUNICATIONS 2.20 DIVISION 28-- ELECTRONIC SAFETY AND SECURITY A. 28 4600- Fire Detection and Alarm 2.21 DIVISION 31, 32, 33--SITEWORK SPECIFICATION -REFER TO SUDAS(IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS) A. NOTE:APPLICABLE PORTIONS OF THE"URBAN STANDARD SPECIFICATIONS FOR PUBLIC IMPROVEMENTS"WITH ALL LATEST REVISIONS SHALL APPLY TO THIS PROJECT. B. WHERE THERE MAY BE A VARIATION BETWEEN THE PLANS, THE BIDDING INFORMATION, CONTRACT PROVISIONS AND THE REFERENCED URBAN STANDARD SPECIFICATIONS, THE ORDER OF PRECEDENCE SHALL BE: 1. RECOMMENDED STANDARDS FOR WATER WORKS (10 STATES STANDARDS), 2012 EDITION. 2. STATEWIDE URBAN DESIGN AND SPECIFICATIONS (SUDAS), 2019 EDITION. 3. DETAILED PLANS. 4. QUANTITY AND ESTIMATE REFERENCE. 5. PROCUREMENT AND CONTRACTING REQUIREMENTS, AND SPECIFICATIONS C. SUDAS SPECS: http:/Jwww.iowasudas.org/manuals/manual.cfm?manual=specifications END OF SECTION Project No. 20-23943 Section 00 0110- Page 4 of 4 Five Sullivan Brothers Convention Center Addition and Renovation Page 80 of 214 Q)--,A1A Document A201 2017 General Conditions of the Contract for Construction for the following PROJECT: (Name and location or address) Five Sullivan Brothers Convention Center Addition and Renovation,Waterloo,IA. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion.The author may also THE OWNER: have revised the text of the original (Name, legal status and address) AIA standard form.An Additions and Deletions Report that notes added City of Waterloo information as well as revisions to 715 Mulberry Street the standard form text is available Waterloo,IA 50703 from the author and should be reviewed.A vertical line in the left THE ARCHITECT: margin of this document indicates (Name, legal status and address) where the author has added necessary information and where I&S Group,Inc.(ISG) the author has added to or deleted 314 East 4th Street from the original AIA text. Waterloo,IA 50703 This document has important legal TABLE OF ARTICLES consequences.Consultation with an attorney is encouraged with respect 1 GENERAL PROVISIONS to its completion or modification. For guidance in modifying this 2 OWNER document to include supplementary conditions,see AIA Document 3 CONTRACTOR A503111,Guide for Supplementary Conditions. 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 Init. 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 17:21:22 ET on 07/14/2020 under Order r 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: PatNM66f 214 15 CLAIMS AND DISPUTES INDEX Architect's Approvals (Topics and numbers in bold are Section headings.) 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 Acceptance of Nonconforming Work Architect's Copyright 9.6.6,9.9.3, 12.3 1.1.7, 1.5 Acceptance of Work Architect's Decisions 9.6.6,9.8.2,9.9.3,9.10.1,9.10.3, 12.3 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,4.2.14,6.3, Access to Work 7.3.4,7.3.9,8.1.3,8.3.1,9.2,9.4.1,9.5,9.8.4,9.9.1, 3.16,6.2.1, 12.1 13.4.2, 15.2 Accident Prevention Architect's Inspections 10 3.7.4,4.2.2,4.2.9,9.4.2,9.8.3,9.9.2,9.10.1, 13.4 Acts and Omissions Architect's Instructions 3.2,3.3.2,3.12.8,3.18,4.2.3, 8.3.1,9.5.1, 10.2.5, 3.2.4,3.3.1,4.2.6,4.2.7, 13.4.2 10.2.8, 13.3.2, 14.1, 15.1.2, 15.2 Architect's Interpretations Addenda 4.2.11,4.2.12 1.1.1 Architect's Project Representative Additional Costs,Claims for 4.2.10 3.7.4,3.7.5, 10.3.2, 15.1.5 Architect's Relationship with Contractor Additional Inspections and Testing 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, 9.4.2,9.8.3, 12.2.1, 13.4 3.5,3.7.4,3.7.5,3.9.2,3.9.3,3.10,3.11,3.12,3.16, Additional Time,Claims for 3.18,4.1.2,4.2,5.2,6.2.2,7, 8.3.1,9.2,9.3,9.4,9.5, 3.2.4,3.7.4,3.7.5,3.10.2,8.3.2, 15.1.6 9.7,9.8,9.9, 10.2.6, 10.3, 11.3, 12, 13.3.2, 13.4, 15.2 Administration of the Contract Architect's Relationship with Subcontractors 3.1.3,4.2,9.4,9.5 1.1.2,4.2.3,4.2.4,4.2.6,9.6.3,9.6.4, 11.3 Advertisement or Invitation to Bid Architect's Representations 1.1.1 9.4.2,9.5.1,9.10.1 Aesthetic Effect Architect's Site Visits 4.2.13 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Allowances Asbestos 3.8 10.3.1 Applications for Payment Attorneys'Fees 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 3.18.1,9.6.8,9.10.2, 10.3.3 Approvals Award of Separate Contracts 2.1.1,2.3.1,2.5,3.1.3,3.10.2,3.12.8,3.12.9, 6.1.1,6.1.2 3.12.10.1,4.2.7,9.3.2, 13.4.1 Award of Subcontracts and Other Contracts for Arbitration Portions of the Work 8.3.1, 15.3.2, 15.4 5.2 ARCHITECT Basic Definitions 4 1.1 Architect,Definition of Bidding Requirements 4.1.1 1.1.1 Architect,Extent of Authority Binding Dispute Resolution 2.5,3.12.7,4.1.2,4.2,5.2,6.3,7.1.2,7.3.4,7.4,9.2, 8.3.1,9.7, 11.5, 13.1, 15.1.2, 15.1.3, 15.2.1, 15.2.5, 9.3.1,9.4,9.5,9.6.3,9.8,9.10.1,9.10.3, 12.1, 12.2.1, 15.2.6.1, 15.3.1, 15.3.2, 15.3.3, 15.4.1 13.4.1, 13.4.2, 14.2.2, 14.2.4, 15.1.4, 15.2.1 Bonds,Lien Architect,Limitations of Authority and 7.3.4.4,9.6.8,9.10.2,9.10.3 Responsibility Bonds,Performance,and Payment 2.1.1,3.12.4,3.12.8,3.12.10,4.1.2,4.2.1,4.2.2, 7.3.4.4,9.6.7,9.10.3, 11.1.2, 11.1.3, 11.5 4.2.3,4.2.6,4.2.7,4.2.10,4.2.12,4.2.13,5.2.1,7.4, Building Information Models Use and Reliance 9.4.2,9.5.4,9.6.4, 15.1.4, 15.2 1.8 Architect's Additional Services and Expenses Building Permit 2.5, 12.2.1, 13.4.2, 13.4.3, 14.2.4 3.7.1 Architect's Administration of the Contract Capitalization 3.1.3,3.7.4, 15.2,9.4.1,9.5 1.3 Init. 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 2 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pdget!� bf 214 Certificate of Substantial Completion 2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4, 10.2.2, 9.8.3,9.8.4,9.8.5 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14.1.1, 14.2.1.3, Certificates for Payment 15.2.8, 15.4.2, 15.4.3 4.2.1,4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7, Concealed or Unknown Conditions 9.10.1,9.10.3, 14.1.1.3, 14.2.4, 15.1.4 3.7.4,4.2.8, 8.3.1, 10.3 Certificates of Inspection,Testing or Approval Conditions of the Contract 13.4.4 1.1.1,6.1.1,6.1.4 Certificates of Insurance Consent,Written 9.10.2 3.4.2,3.14.2,4.1.2,9.8.5,9.9.1,9.10.2,9.10.3, 13.2, Change Orders 15.4.4.2 1.1.1,3.4.2,3.7.4,3.8.2.3,3.11,3.12.8,4.2.8,5.2.3, Consolidation or Joinder 7.1.2,7.1.3,7.2,7.3.2,7.3.7,7.3.9,7.3.10, 8.3.1, 15.4.4 9.3.1.1,9.10.3, 10.3.2, 11.2, 11.5, 12.1.2 CONSTRUCTION BY OWNER OR BY Change Orders,Definition of SEPARATE CONTRACTORS 7.2.1 1.1.4,6 CHANGES IN THE WORK Construction Change Directive,Definition of 2.2.2,3.11,4.2.8,7,7.2.1,7.3.1,7.4,8.3.1,9.3.1.1, 7.3.1 11.5 Construction Change Directives Claims,Definition of 1.1.1,3.4.2,3.11,3.12.8,4.2.8,7.1.1,7.1.2,7.1.3, 15.1.1 7.3,9.3.1.1 Claims,Notice of Construction Schedules,Contractor's 1.6.2, 15.1.3 3.10,3.11,3.12.1,3.12.2,6.1.3, 15.1.6.2 CLAIMS AND DISPUTES Contingent Assignment of Subcontracts 3.2.4,6.1.1,6.3,7.3.9,9.3.3,9.10.4, 10.3.3, 15, 15.4 5.4, 14.2.2.2 Claims and Timely Assertion of Claims Continuing Contract Performance 15.4.1 15.1.4 Claims for Additional Cost Contract,Definition of 3.2.4,3.3.1,3.7.4,7.3.9,9.5.2, 10.2.5, 10.3.2, 15.1.5 1.1.2 Claims for Additional Time CONTRACT,TERMINATION OR SUSPENSION 3.2.4,3.3.1,3.7.4,6.1.1,8.3.2,9.5.2, 10.3.2, 15.1.6 OF THE Concealed or Unknown Conditions,Claims for 5.4.1.1,5.4.2, 11.5, 14 3.7.4 Contract Administration Claims for Damages 3.1.3,4,9.4,9.5 3.2.4,3.18,8.3.3, 9.5.1,9.6.7, 10.2.5, 10.3.3, 11.3, Contract Award and Execution,Conditions Relating 11.3.2, 14.2.4, 15.1.7 to Claims Subject to Arbitration 3.7.1,3.10,5.2,6.1 15.4.1 Contract Documents,Copies Furnished and Use of Cleaning Up 1.5.2,2.3.6,5.3 3.15,6.3 Contract Documents,Definition of Commencement of the Work,Conditions Relating to 1.1.1 2.2.1,3.2.2,3.4.1,3.7.1,3.10.1,3.12.6,5.2.1,5.2.3, Contract Sum 6.2.2,8.1.2,8.2.2, 8.3.1, 11.1, 11.2, 15.1.5 2.2.2,2.2.4,3.7.4,3.7.5,3.8,3.10.2,5.2.3,7.3,7.4, Commencement of the Work,Definition of 9.1,9.2,9.4.2,9.5.1.4,9.6.7,9.7, 10.3.2, 11.5, 12.1.2, 8.1.2 12.3, 14.2.4, 14.3.2, 15.1.4.2, 15.1.5, 15.2.5 Communications Contract Sum,Definition of 3.9.1,4.2.4 9.1 Completion,Conditions Relating to Contract Time 3.4.1,3.11,3.15,4.2.2,4.2.9, 8.2,9.4.2,9.8,9.9.1, 1.1.4,2.2.1,2.2.2,3.7.4,3.7.5,3.10.2,5.2.3,6.1.5, 9.10, 12.2, 14.1.2, 15.1.2 7.2.1.3,7.3.1,7.3.5,7.3.6,7,7,7.3.10,7.4,8.1.1, COMPLETION,PAYMENTS AND 8.2.1,8.2.3,8.3.1,9.5.1,9.7, 10.3.2, 12.1.1, 12.1.2, 9 14.3.2, 15.1.4.2, 15.1.6.1, 15.2.5 Completion,Substantial Contract Time,Definition of 3.10.1,4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1, 8.1.1 9.10.3, 12.2, 15.1.2 CONTRACTOR Compliance with Laws 3 Contractor,Definition of 3.1,6.1.2 Init. 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 3 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pa ff ffTbf 214 Contractor's Construction and Submittal Schedules Damage to Construction of Owner or Separate 3.10,3.12.1,3.12.2,4.2.3,6.1.3, 15.1.6.2 Contractors Contractor's Employees 3.14.2,6.2.4, 10.2.1.2, 10.2.5, 10.4, 12.2.4 2.2.4,3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, Damage to the Work 10.2, 10.3, 11.3, 14.1, 14.2.1.1 3.14.2,9.9.1, 10.2.1.2, 10.2.5, 10.4, 12.2.4 Contractor's Liability Insurance Damages,Claims for 11.1 3.2.4,3.18,6.1.1,8.3.3,9.5.1,9.6.7, 10.3.3, 11.3.2, Contractor's Relationship with Separate Contractors 11.3, 14.2.4, 15.1.7 and Owner's Forces Damages for Delay 3.12.5,3.14.2,4.2.4,6, 11.3, 12.2.4 6.2.3,8.3.3,9.5.1.6,9.7, 10.3.2, 14.3.2 Contractor's Relationship with Subcontractors Date of Commencement of the Work,Definition of 1.2.2,2.2.4,3.3.2,3.18.1,3.18.2,4.2.4,5,9.6.2, 8.1.2 9.6.7,9.10.2, 11.2, 11.3, 11.4 Date of Substantial Completion,Definition of Contractor's Relationship with the Architect 8.1.3 1.1.2, 1.5,2.3.3,3.1.3,3.2.2,3.2.3,3.2.4,3.3.1,3.4.2, Day,Definition of 3.5.1,3.7.4,3.10,3.11,3.12,3.16,3.18,4.2,5.2, 8.1.4 6.2.2,7,8.3.1,9.2,9.3,9.4,9.5,9.7,9.8,9.9, 10.2.6, Decisions of the Architect 10.3, 11.3, 12, 13.4, 15.1.3, 15.2.1 3.7.4,4.2.6,4.2.7,4.2.11,4.2.12,4.2.13,6.3,7.3.4, Contractor's Representations 7.3.9,8.1.3,8.3.1,9.2,9.4,9.5.1,9.8.4,9.9.1, 13.4.2, 3.2.1,3.2.2,3.5,3.12.6,6.2.2, 8.2.1,9.3.3,9.8.2 14.2.2, 14.2.4, 15.1, 15.2 Contractor's Responsibility for Those Performing the Decisions to Withhold Certification Work 9.4.1,9.5,9.7, 14.1.1.3 3.3.2,3.18,5.3,6.1.3,6.2,9.5.1, 10.2.8 Defective or Nonconforming Work,Acceptance, Contractor's Review of Contract Documents Rejection and Correction of 3.2 2.5,3.5,4.2.6,6.2.3,9.5.1,9.5.3,9.6.6,9.8.2,9.9.3, Contractor's Right to Stop the Work 9.10.4, 12.2.1 2.2.2,9.7 Definitions Contractor's Right to Terminate the Contract 1.1,2.1.1,3.1.1,3.5,3.12.1,3.12.2,3.12.3,4.1.1,5.1, 14.1 6.1.2,7.2.1,7.3.1, 8.1,9.1,9.8.1, 15.1.1 Contractor's Submittals Delays and Extensions of Time 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,9.2,9.3,9.8.2, 3.2,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, 9.8.3,9.9.1,9.10.2,9.10.3 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 Contractor's Superintendent Digital Data Use and Transmission 3.9, 10.2.6 1.7 Contractor's Supervision and Construction Disputes Procedures 6.3,7.3.9, 15.1, 15.2 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, Documents and Samples at the Site 7.1.3,7.3.4,7.3.6,8.2, 10, 12, 14, 15.1.4 3.11 Coordination and Correlation Drawings,Definition of 1.2,3.2.1,3.3.1,3.10,3.12.6,6.1.3,6.2.1 1.1.5 Copies Furnished of Drawings and Specifications Drawings and Specifications,Use and Ownership of 1.5,2.3.6,3.11 3.11 Copyrights Effective Date of Insurance 1.5,3.17 8.2.2 Correction of Work Emergencies 2.5,3.7.3,9.4.2,9.8.2,9.8.3,9.9.1, 12.1.2, 12.2, 12.3, 10.4, 14.1.1.2, 15.1.5 15.1.3.1, 15.1.3.2, 15.2.1 Employees,Contractor's Correlation and Intent of the Contract Documents 3.3.2,3.4.3,3.8.1,3.9,3.18.2,4.2.3,4.2.6, 10.2, 1.2 10.3.3, 11.3, 14.1, 14.2.1.1 Cost,Defmition of Equipment,Labor,or Materials 7.3.4 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, Costs 4.2.6,4.2.7,5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3, 2.5,3.2.4,3.7.3,3.8.2,3.15.2,5.4.2,6.1.1,6.2.3, 9.10.2, 10.2.1, 10.2.4, 14.2.1.1, 14.2.1.2 7.3.3.3,7.3.4,7.3.8,7.3.9,9.10.2, 10.3.2, 10.3.6, Execution and Progress of the Work 11.2, 12.1.2, 12.2.1, 12.2.4, 13.4, 14 1.1.3, 1.2.1, 1.2.2,2.3.4,2.3.6,3.1,3.3.1,3.4.1,3.7.1, Cutting and Patching 3.10.1,3.12,3.14,4.2,6.2.2,7.1.3,7.3.6, 8.2,9.5.1, 3.14,6.2.5 9.9.1, 10.2, 10.3, 12.1, 12.2, 14.2, 14.3.1, 15.1.4 Init. 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 4 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Paffle"V66f 214 Extensions of Time 10.2.5, 11.2, 11.4, 11.5 3.2.4,3.7.4,5.2.3,7.2.1,7.3,7.4,9.5.1,9.7, 10.3.2, Insurance,Stored Materials 10.4, 14.3, 15.1.6, 15.2.5 9.3.2 Failure of Payment INSURANCE AND BONDS 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 11 Faulty Work Insurance Companies,Consent to Partial Occupancy (See Defective or Nonconforming Work) 9.9.1 Final Completion and Final Payment Insured loss,Adjustment and Settlement of 4.2.1,4.2.9,9.8.2,9.10, 12.3, 14.2.4, 14.4.3 11.5 Financial Arrangements,Owner's Intent of the Contract Documents 2.2.1, 13.2.2, 14.1.1.4 1.2.1,4.2.7,4.2.12,4.2.13 GENERAL PROVISIONS Interest 1 13.5 Governing Law Interpretation 13.1 1.1.8, 1.2.3, 1.4,4.1.1,5.1,6.1.2, 15.1.1 Guarantees(See Warranty) Interpretations,Written Hazardous Materials and Substances 4.2.11,4.2.12 10.2.4, 10.3 Judgment on Final Award Identification of Subcontractors and Suppliers 15.4.2 5.2.1 Labor and Materials,Equipment Indemnification 1.1.3, 1.1.6,3.4,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 3.17,3.18,9.6.8,9.10.2, 10.3.3, 11.3 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 10.2.1, Information and Services Required of the Owner 10.2.4, 14.2.1.1, 14.2.1.2 2.1.2,2.2,2.3,3.2.2,3.12.10.1,6.1.3,6.1.4,6.2.5, Labor Disputes 9.6.1,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, 13.4.2, 8.3.1 14.1.1.4, 14.1.4, 15.1.4 Laws and Regulations Initial Decision 1.5,2.3.2,3.2.3,3.2.4,3.6,3.7,3.12.10,3.13,9.6.4, 15.2 9.9.1, 10.2.2, 13.1, 13.3.1, 13.4.2, 13.5, 14, 15.2.8, Initial Decision Maker,Definition of 15.4 1.1.8 Liens Initial Decision Maker,Decisions 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Limitations,Statutes of Initial Decision Maker,Extent of Authority 12.2.5, 15.1.2, 15.4.1.1 14.2.4, 15.1.4.2, 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5 Limitations of Liability Injury or Damage to Person or Property 3.2.2,3.5,3.12.10,3.12.10.1,3.17,3.18.1,4.2.6, 10.2.8, 10.4 4.2.7,6.2.2,9.4.2,9.6.4,9.6.7,9.6.8, 10.2.5, 10.3.3, Inspections 11.3, 12.2.5, 13.3.1 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Limitations of Time 9.9.2,9.10.1, 12.2.1, 13.4 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2.7, Instructions to Bidders 5.2,5.3,5.4.1,6.2.4,7.3,7.4,8.2,9.2,9.3.1,9.3.3, 1.1.1 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, 15, Instructions to the Contractor 15.1.2, 15.1.3, 15.1.5 3.2.4,3.3.1,3.8.1,5.2.1,7,8.2.2, 12, 13.4.2 Materials,Hazardous Instruments of Service,Definition of 10.2.4, 10.3 1.1.7 Materials,Labor,Equipment and Insurance 1.1.3, 1.1.6,3.4.1,3.5,3.8.2,3.8.3,3.12,3.13,3.15.1, 6.1.1,7.3.4,8.2.2,9.3.2,9.8.4,9.9.1,9.10.2, 10.2.5, 5.2.1,6.2.1,7.3.4,9.3.2,9.3.3,9.5.1.3,9.10.2, 11 10.2.1.2, 10.2.4, 14.2.1.1, 14.2.1.2 Insurance,Notice of Cancellation or Expiration Means,Methods,Techniques,Sequences and 11.1.4,11.2.3 Procedures of Construction Insurance,Contractor's Liability 3.3.1,3.12.10,4.2.2,4.2.7,9.4.2 11.1 Mechanic's Lien Insurance,Effective Date of 2.1.2,9.3.1,9.3.3,9.6.8,9.10.2,9.10.4, 15.2.8 8.2.2, 14.4.2 Mediation Insurance,Owner's Liability 8.3.1, 15.1.3.2, 15.2.1, 15.2.5, 15.2.6, 15.3, 15.4.1, 11.2 15.4.1.1 Insurance,Property Minor Changes in the Work Init. 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 5 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pad gl!53bf 214 1.1.1,3.4.2,3.12.8,4.2.8,7.1,7.4 Owner's Right to Clean Up MISCELLANEOUS PROVISIONS 6.3 13 Owner's Right to Perform Construction and to Award Modifications,Definition of Separate Contracts 1.1.1 6.1 Modifications to the Contract Owner's Right to Stop the Work 1.1.1, 1.1.2,2.5,3.11,4.1.2,4.2.1,5.2.3,7,8.3.1,9.7, 2.4 10.3.2 Owner's Right to Suspend the Work Mutual Responsibility 14.3 6.2 Owner's Right to Terminate the Contract Nonconforming Work,Acceptance of 14.2, 14.4 9.6.6,9.9.3, 12.3 Ownership and Use of Drawings, Specifications and Nonconforming Work,Rejection and Correction of Other Instruments of Service 2.4,2.5,3.5,4.2.6,6.2.4,9.5.1,9.8.2,9.9.3,9.10.4, 1.1.1, 1.1.6, 1.1.7, 1.5,2.3.6,3.2.2,3.11,3.17,4.2.12, 12.2 5.3 Notice Partial Occupancy or Use 1.6, 1.6.1, 1.6.2,2.1.2,2.2.2.,2.2.3,2.2.4,2.5,3.2.4, 9.6.6,9.9 3.3.1,3.7.4,3.7.5,3.9.2,3.12.9,3.12.10,5.2.1,7.4, Patching,Cutting and 8.2.2 9.6.8,9.7,9.10.1, 10.2.8, 10.3.2, 11.5, 12.2.2.1, 3.14,6.2.5 13.4.1, 13.4.2, 14.1, 14.2.2, 14.4.2, 15.1.3, 15.1.5, Patents 15.1.6, 15.4.1 3.17 Notice of Cancellation or Expiration of Insurance Payment,Applications for 11.1.4, 11.2.3 4.2.5,7.3.9,9.2,9.3,9.4,9.5,9.6.3,9.7,9.8.5,9.10.1, Notice of Claims 14.2.3, 14.2.4, 14.4.3 1.6.2,2.1.2,3.7.4,9.6.8, 10.2.8, 15.1.3, 15.1.5, Payment,Certificates for 15.1.6, 15.2.8, 15.3.2, 15.4.1 4.2.5,4.2.9,9.3.3,9.4,9.5,9.6.1,9.6.6,9.7,9.10.1, Notice of Testing and Inspections 9.10.3, 14.1.1.3, 14.2.4 13.4.1, 13.4.2 Payment,Failure of Observations,Contractor's 9.5.1.3,9.7,9.10.2, 13.5, 14.1.1.3, 14.2.1.2 3.2,3.7.4 Payment,Final Occupancy 4.2.1,4.2.9,9.10, 12.3, 14.2.4, 14.4.3 2.3.1,9.6.6,9.8 Payment Bond,Performance Bond and Orders,Written 7.3.4.4,9.6.7,9.10.3, 11.1.2 1.1.1,2.4,3.9.2,7,8.2.2, 11.5, 12.1, 12.2.2.1, 13.4.2, Payments,Progress 14.3.1 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 OWNER PAYMENTS AND COMPLETION 2 9 Owner,Definition of Payments to Subcontractors 2.1.1 5.4.2,9.5.1.3,9.6.2,9.6.3,9.6.4,9.6.7, 14.2.1.2 Owner,Evidence of Financial Arrangements PCB 2.2, 13.2.2, 14.1.1.4 10.3.1 Owner,Information and Services Required of the Performance Bond and Payment Bond 2.1.2,2.2,2.3,3.2.2,3.12.10,6.1.3,6.1.4,6.2.5, 7.3.4.4,9.6.7,9.10.3, 11.1.2 9.3.2,9.6.1,9.6.4,9.9.2,9.10.3, 10.3.3, 11.2, 13.4.1, Permits,Fees,Notices and Compliance with Laws 13.4.2, 14.1.1.4, 14.1.4, 15.1.4 2.3.1,3.7,3.13,7.3.4.4, 10.2.2 Owner's Authority PERSONS AND PROPERTY,PROTECTION OF 1.5,2.1.1,2.3.32.4,2.5,3.4.2,3.8.1,3.12.10,3.14.2, 10 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, Polychlorinated Biphenyl 7.3.1,8.2.2,8.3.1,9.3.2,9.5.1,9.6.4,9.9.1,9.10.2, 10.3.1 10.3.2, 11.4, 11.5, 12.2.2, 12.3, 13.2.2, 14.3, 14.4, Product Data,Definition of 15.2.7 3.12.2 Owner's Insurance Product Data and Samples, Shop Drawings 11.2 3.11,3.12,4.2.7 Owner's Relationship with Subcontractors Progress and Completion 1.1.2,5.2,5.3,5.4,9.6.4,9.10.2, 14.2.2 4.2.2,8.2,9.8,9.9.1, 14.1.4, 15.1.4 Owner's Right to Carry Out the Work Progress Payments 2.5, 14.2.2 9.3,9.6,9.8.5,9.10.3, 14.2.3, 15.1.4 Init. AIA Document MW-20117.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 s registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pa'geA8V6bf 214 Project,Definition of Separate Contracts and Contractors 1.1.4 1.1.4,3.12.5,3.14.2,4.2.4,4.2.7,6,8.3.1, 12.1.2 Project Representatives Separate Contractors,Definition of 4.2.10 6.1.1 Property Insurance Shop Drawings,Definition of 10.2.5, 11.2 3.12.1 Proposal Requirements Shop Drawings,Product Data and Samples 1.1.1 3.11,3.12,4.2.7 PROTECTION OF PERSONS AND PROPERTY Site,Use of 10 3.13,6.1.1,6.2.1 Regulations and Laws Site Inspections 1.5,2.3.2,3.2.3,3.6,3.7,3.12.10,3.13,9.6.4,9.9.1, 3.2.2,3.3.3,3.7.1,3.7.4,4.2,9.9.2,9.4.2,9.10.1, 13.4 10.2.2, 13.1, 13.3, 13.4.1, 13.4.2, 13.5, 14, 15.2.8, Site Visits,Architect's 15.4 3.7.4,4.2.2,4.2.9,9.4.2,9.5.1,9.9.2,9.10.1, 13.4 Rejection of Work Special Inspections and Testing 4.2.6, 12.2.1 4.2.6, 12.2.1, 13.4 Releases and Waivers of Liens Specifications,Defmition of 9.3.1,9.10.2 1.1.6 Representations Specifications 3.2.1,3.5,3.12.6,8.2.1,9.3.3,9.4.2,9.5.1,9.10.1 1.1.1, 1.1.6, 1.2.2, 1.5,3.12.10,3.17,4.2.14 Representatives Statute of Limitations 2.1.1,3.1.1,3.9,4.1.1,4.2.10, 13.2.1 15.1.2, 15.4.1.1 Responsibility for Those Performing the Work Stopping the Work 3.3.2,3.18,4.2.2,4.2.3,5.3,6.1.3,6.2,6.3,9.5.1, 10 2.2.2,2.4,9.7, 10.3, 14.1 Retainage Stored Materials 9.3.1,9.6.2,9.8.5,9.9.1,9.10.2,9.10.3 6.2.1,9.3.2, 10.2.1.2, 10.2.4 Review of Contract Documents and Field Conditions Subcontractor,Definition of by Contractor 5.1.1 3.2,3.12.7,6.1.3 SUBCONTRACTORS Review of Contractor's Submittals by Owner and 5 Architect Subcontractors,Work by 3.10.1,3.10.2,3.11,3.12,4.2, 5.2,6.1.3,9.2,9.8.2 1.2.2,3.3.2,3.12.1,3.18,4.2.3,5.2.3,5.3,5.4, Review of Shop Drawings,Product Data and 9.3.1.2,9.6.7 Samples by Contractor Subcontractual Relations 3.12 5.3,5.4,9.3.1.2,9.6,9.10, 10.2.1, 14.1, 14.2.1 Rights and Remedies Submittals 1.1.2,2.4,2.5,3.5,3.7.4,3.15.2,4.2.6,5.3,5.4,6.1, 3.10,3.11,3.12,4.2.7,5.2.1,5.2.3,7.3.4,9.2,9.3, 6.3,7.3.1,8.3,9.5.1,9.7, 10.2.5, 10.3, 12.2.1, 12.2.2, 9.8,9.9.1,9.10.2,9.10.3 12.2.4, 13.3, 14, 15.4 Submittal Schedule Royalties,Patents and Copyrights 3.10.2,3.12.5,4.2.7 3.17 Subrogation,Waivers of Rules and Notices for Arbitration 6.1.1, 11.3 15.4.1 Substances,Hazardous Safety of Persons and Property 10.3 10.2, 10.4 Substantial Completion Safety Precautions and Programs 4.2.9,8.1.1,8.1.3,8.2.3,9.4.2,9.8,9.9.1,9.10.3, 3.3.1,4.2.2,4.2.7,5.3, 10.1, 10.2, 10.4 12.2, 15.1.2 Samples,Definition of Substantial Completion,Definition of 3.12.3 9.8.1 Samples,Shop Drawings,Product Data and Substitution of Subcontractors 3.11,3.12,4.2.7 5.2.3,5.2.4 Samples at the Site,Documents and Substitution of Architect 3.11 2.3.3 Schedule of Values Substitutions of Materials 9.2,9.3.1 3.4.2,3.5,7.3.8 Schedules,Construction Sub-subcontractor,Definition of 3.10,3.12.1,3.12.2,6.1.3, 15.1.6.2 5.1.2 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.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 7 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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 Nates: Pad glffbf 214 Subsurface Conditions Time Limits 3.7.4 2.1.2,2.2,2.5,3.2.2,3.10,3.11,3.12.5,3.15.1,4.2, Successors and Assigns 5.2,5.3,5.4,6.2.4,7.3,7.4, 8.2,9.2,9.3.1,9.3.3, 13.2 9.4.1,9.5,9.6,9.7,9.8,9.9,9.10, 12.2, 13.4, 14, Superintendent 15.1.2, 15.1.3, 15.4 3.9, 10.2.6 Time Limits on Claims Supervision and Construction Procedures 3.7.4, 10.2.8, 15.1.2, 15.1.3 1.2.2,3.3,3.4,3.12.10,4.2.2,4.2.7,6.1.3,6.2.4, Title to Work 7.1.3,7.3.4,8.2,8.3.1,9.4.2, 10, 12, 14, 15.1.4 9.3.2,9.3.3 Suppliers UNCOVERING AND CORRECTION OF WORK 1.5,3.12.1,4.2.4,4.2.6,5.2.1,9.3,9.4.2,9.5.4,9.6, 12 9.10.5, 14.2.1 Uncovering of Work Surety 12.1 5.4.1.2,9.6.8,9.8.5,9.10.2,9.10.3, 11.1.2, 14.2.2, Unforeseen Conditions,Concealed or Unknown 15.2.7 3.7.4,8.3.1, 10.3 Surety,Consent of Unit Prices 9.8.5,9.10.2,9.10.3 7.3.3.2,9.1.2 Surveys Use of Documents 1.1.7,2.3.4 1.1.1, 1.5,2.3.6,3.12.6,5.3 Suspension by the Owner for Convenience Use of Site 14.3 3.13,6.1.1,6.2.1 Suspension of the Work Values,Schedule of 3.7.5,5.4.2, 14.3 9.2,9.3.1 Suspension or Termination of the Contract Waiver of Claims by the Architect 5.4.1.1, 14 13.3.2 Taxes Waiver of Claims by the Contractor 3.6,3.8.2.1,7.3.4.4 9.10.5, 13.3.2, 15.1.7 Termination by the Contractor Waiver of Claims by the Owner 14.1, 15.1.7 9.9.3,9.10.3,9.10.4, 12.2.2.1, 13.3.2, 14.2.4, 15.1.7 Termination by the Owner for Cause Waiver of Consequential Damages 5.4.1.1, 14.2, 15.1.7 14.2.4, 15.1.7 Termination by the Owner for Convenience Waiver of Liens 14.4 9.3,9.10.2,9.10.4 Termination of the Architect Waivers of Subrogation 2.3.3 6.1.1, 11.3 Termination of the Contractor Employment Warranty 14.2.2 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 TERMINATION OR SUSPENSION OF THE Weather Delays CONTRACT 8.3, 15.1.6.2 14 Work,Definition of Tests and Inspections 1.1.3 3.1.3,3.3.3,3.7.1,4.2.2,4.2.6,4.2.9,9.4.2,9.8.3, Written Consent 9.9.2,9.10.1, 10.3.2, 12.2.1, 13.4 1.5.2,3.4.2,3.7.4,3.12.8,3.14.2,4.1.2,9.3.2,9.10.3, TIME 13.2, 13.3.2, 15.4.4.2 8 Written Interpretations Time,Delays and Extensions of 4.2.11,4.2.12 3.2.4,3.7.4,5.2.3,7.2.1,7.3.1,7.4,8.3,9.5.1,9.7, Written Orders 10.3.2, 10.4, 14.3.2, 15.1.6, 15.2.5 1.1.1,2.4,3.9,7,8.2.2, 12.1, 12.2, 13.4.2, 14.3.1 Init. 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 8 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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"°tes: Pa3e'00 bf 214 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 Init. AIA Document A2010-2017.CopyrightO 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 17:21:22 ET on 07/14/2020 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: PAI'MP66f 214 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 E203T"-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission, and exchange of digital data. Init. 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 17:21:22 ET on 07/14/2020 under Order 10 / 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: PaF"RUP6bf 214 §1.8 Building Information Models Use and Reliance Any use of,or reliance on,all or a portion of a building information model without agreement to protocols governing the use of,and reliance on,the information contained in the model and without having those protocols set forth in AIA Document E203TM-2013,Building Information Modeling and Digital Data Exhibit,and the requisite AIA Document 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, 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.All rights reserved The"American Institute of Architects,""AIA,"the AIA Logo,"A201,"and"AIA Contract Documents"are 11 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET an 07/14/2020 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: Pa6611'3bf 214 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. Inst. 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 12 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order r 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 Documentsm Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: PAVAVbf 214 §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. Init. 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 13 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order r 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: PaEUMbf 214 §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 fust 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. Init. 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 14 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: pdPPAA�6bf 214 §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 all required taxes,less applicable trade discounts; .2 Contractor's costs for unloading and handling at the site,labor, installation costs,overhead,profit,and other expenses contemplated for stated allowance amounts shall be included in the Contract Sum but not in the allowances;and .3 whenever costs are more than or less than allowances,the Contract Sum shall be adjusted accordingly by Change Order.The amount of the Change Order shall reflect(1)the difference between actual costs and the allowances under Section 3.8.2.1 and(2)changes in Contractor's costs under Section 3.8.2.2. §3.8.3 Materials and equipment under an allowance shall be selected by the Owner with reasonable promptness. §3.9 Superintendent §3.9.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during performance of the Work.The superintendent shall represent the Contractor,and communications given to the superintendent shall be as binding as if given to the Contractor. §3.9.2 The Contractor,as soon as practicable after award of the Contract,shall notify the Owner and Architect of the name and qualifications of a proposed superintendent.Within 14 days of receipt of the information,the Architect may notify the Contractor,stating whether the Owner or the Architect(1)has reasonable objection to the proposed superintendent or(2)requires additional time for review.Failure of the Architect to provide notice within the 14-day period shall constitute notice of no reasonable objection. §3.9.3 The Contractor shall not employ a proposed superintendent to whom the Owner or Architect has made reasonable and timely objection.The Contractor shall not change the superintendent without the Owner's consent, which shall not unreasonably be withheld or delayed. §3.10 Contractor's Construction and Submittal Schedules §3.10.1 The Contractor,promptly after being awarded the Contract,shall submit for the Owner's and Architect's information a Contractor's construction schedule for the Work.The schedule shall contain detail appropriate for the Project,including(1)the date of commencement of the Work,interim schedule milestone dates,and the date of Substantial Completion;(2)an apportionment of the Work by construction activity;and(3)the time required for completion of each portion of the Work.The schedule shall provide for the orderly progression of the Work to completion and shall not exceed time limits current under the Contract Documents.The schedule shall be revised at appropriate intervals as required by the conditions of the Work and Project. §3.10.2 The Contractor,promptly after being awarded the Contract and thereafter as necessary to maintain a current submittal schedule,shall submit a submittal schedule for the Architect's approval.The Architect's approval shall not be unreasonably delayed or withheld.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 Init. 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 15 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Palge` !Mf 214 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. Init. 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 s registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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'§V6bf 214 §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 famish 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. Init. 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 7 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: PdedAff bf 214 §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 Init. AIA Document A201m—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 8 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order f 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: Palle"W6af 214 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 Init. 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 19 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Paffl9 f 214 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, Init. 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 20 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pae TM of 214 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, Init. 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 21 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: PAeAi'fl 1'of 214 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 may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order,Construction Change Directive or order for a minor change in the Work,subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents. §7.1.2 A Change Order shall be based upon agreement among the Owner,Contractor,and Architect.A Construction Change Directive requires agreement by the Owner and Architect and may or may not be agreed to by the Contractor.An order for a minor change in the Work may be issued by the Architect alone. §7.1.3 Changes in the Work shall be performed under applicable provisions of the Contract Documents.The Contractor shall proceed promptly with changes in the Work,unless otherwise provided in the Change Order, Construction Change Directive,or order for a minor change in the Work. §7.2 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: Init. 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 22 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pa�geARn of 214 .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 Stun 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 Stun 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 Inst. 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 23 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order r 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 Nates' Pa�geAT§of 214 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 fumished 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 Init. AIA Document A201m—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 AIA software at 17:21:22 ET on 07/14/2020 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 Documentsm Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: PalgeARVa, of 214 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. §9.3.1.1 As provided in Section 7.3.9,such applications may include requests for payment on account of changes in the Work that have been properly authorized by Construction Change Directives,or by interim determinations of the Architect,but not yet included in Change Orders. §9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Contractor does not intend to pay a Subcontractor or supplier,unless such Work has been performed by others whom the Contractor intends to pay. §9.3.2 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. Init. 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 25 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order f 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: PagQSADM Of 214 §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 cant'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. Init. 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 2i7 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order r 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: Pa13BNt� Of 214 §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 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 27 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order f 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: Paffld bl'Of 214 §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. Init. 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 28 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pa ATM)of 214 §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 may be liable,and not attributable to the fault or negligence of the Contractor.The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 3.18. §10.2.6 The Contractor shall designate a responsible member of the Contractor's organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated by the Contractor in writing to the Owner and Architect. §10.2.7 The Contractor shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. Init. 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 29 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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. u8e'Notes: Pa `W'M of 214 §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 famish 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. Inst. 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 30 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: PdgAM of 214 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. Inst. 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 31 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order l 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: Pag AT1311 Of 214 §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 Init. 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 32 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: PagUAT136)Of 214 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 convected 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 may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. §12.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Contract Documents,the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 13 MISCELLANEOUS PROVISIONS §13.1 Governing Law The Contract shall be governed by the law of the place where the Project is located,excluding that jurisdiction's choice of law rules.If the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 15.4. Inst. AIA Document A20V—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 17:21:22 ET on 07/14/2020 under Order r 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: Paffldlll of 214 §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. Init. 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 34 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pa�A4TV of 214 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 famish 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, Init. 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 35 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 under Order r 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: Pagfft3)Of 214 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. Init. 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 36 registered trademarks and may not be used without permission This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: Pcl�`9AIb of 214 §15.1.3.2 Claims by either the Owner or Contractor,where the condition giving rise to the Claim is fust 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 Init. 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 37 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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: PaJ@A?W7) of 214 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. Init. 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 38 registered trademarks and may not be used without permission.This document was produced by AIA software at 17:21:22 ET on 07/14/2020 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 Documentse Terms of Service To report copyright violations,e-mail copyright@aia.org. User Notes: PaMAglpo Of 214 §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]mown 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. Init. AIA Document A2010—2017.Copyright©1911,1915,1918,1925,1937,1951,1956,1961,1963,1966,1970,1976,1987,1997,2007 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 17:21:22 ET on 07/14/2020 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: Paffldl"of 214 Page 120 of 214 _ 1 a 79/9/2020 E(MMIDD/YYYY) A�?a CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT PDCM Insurance PHAo a Paige Thompson FAx P. O. Box 2597 • 319-234-8888 c No•319-234-7702 Waterloo IA 50704 ADb'rgl6 : tho ori derli:co INSURERS AFFORDING COVERAGE NAIC# _ INSURER A: United Fire&Casualty Corn2any 13021 INSURED CARDCON-02 INSURER B:Travelers 40282 Cardinal Construction Inc 1246 Martin Rd. INSURER c: Waterloo IA 50701 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1605003026 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADM 06R POLICYEFF POLICYEXP LIMITS LTR POLICY NUMBER IODIYYYY M A X COMMERCIAL GENERAL LIABILITY Y Y 60459330 4/1/2020 4/1/2021 EACH OCCURRENCE $1,000,000 DAMAGE0 RENTED CLAIMS-MADE OCCUR PREM/ ET Ea occurrence)e $300,000 MED EXP(Any one person) $5,000 X Contractual Liab PERSONAL&ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO- ECT F_X1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 60459330 4/1/2020 4/1/2021 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS JX AUTOS P $ A X UMBRELLA LIAB X OCCUR 60459330 4/1/2020 4/1/2021 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10y000,000 OED I X I RETENTION$. $ A WORKERS COMPENSATION 30302974 4/1/2020 4/1/2021 X PER O - AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatary in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500.000 B Equipment 140D8488 4/1/2020 4/1/2021 Leased/Rented 250,000 Inland Marine Installation/Riggers 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Project: 5 Sullivan Brothers Convention Center Addition and Renovation Owner and Architect along with their respective officers,agency and employees are additional insureds,if required in a written contract,for ongoing& completed operations under general liability on a primary&non-contributory basis with a waiver of subrogation.The carrier will endeavor to provide 30 day notice of material change in coverage or cancellation to the City of Waterloo. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Waterloo 715 Mulberry Street AUTHORIZED REPRESENTATIVE Waterloo IA 50703 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 121 of 214 f Five Sullivan Brothers Convention Center Addition & Lobby Renovation f i. Bid Tab: August 27, 2020 Engineer's Estimate: $4,400,000 Bidder Bid Total Bid Amount Security Base Bid: $6,654,000 Alt A-1: $6,000 Alt A-2: $56,000 Alt A-3: $875,000 Henkel Construction Co. 5% Alt A-4: $23,000 Mason City, IA Alt A-5: $360,000 Alt A-6: $148,000 (add helical piers Alt 41) No Bid Alt#2 &##3 AND $180,000 (deduct to remove/add footings) Base Bid: $6,265,000 Alt A-1: $45,000 Alt A-2: $70,000 Larson Construction Co. o Alt A-3: $600,000 Independence, IA 5% Alt A-4: $22,000 Alt A-5: $350,000 Alt A-6: No Bid Alt#1 & #2 AND $50,000 deduct to remove/add footings Alt 43 Base Bid: $6,061,000 Alt A-1: $46,000 Alt A-2: $61,000 Cardinal Construction Alt A-3: $568,000 5% Alt A-4: $20,300 Waterloo, IA Alt A-5: $438,000 Alt A-6: $148,000 (add helical piers Alt#1) No Bid Alt#2  AND $692,700 (deduct to remove/add footings Alt#3) Base Bid: $6,049,000 Alt A-1: $45,000 Alt A-2: $73,792 Alt A-3: $458,437 PRO Commercialo Alt A-4: $22,603 Huxley, IA 5% Alt A-5: $354,200 Alt A-6: $168,000 (add helical piers Alt#1) OR$320,000 (add minipiles Alt 2) No Bid Alt#3 AND $25,000 deduct to remove/add footings Alt #3 Page 122 of 214 .r • _ 1 rl kr CAFIDINAL j- CONTRACTOR / r • • • r r 1 1 1 Waterloo.IA 1 BID BOND r:• r •:• r •: • :/ s "VI]DER STATUS FORM ADD.NO..1 ADD N0.2 ADD.NO,3 ADD NO.4 NOME NEENEEZE ADD NO.5 COMPLETION DATE /•1 r'1 1 d BASE BID .1. Ikl / rl r• ••11 .:••rr •1 ALT.NO.A-1 WINDOWS BETWEEN CONCOURSE AND EXHIBITION HALL ••r k•r• /r/ 111// r r 1 11 ALT.NO.A-2 . -� FIRST FLOOR MEETING ROOM UPDATES 1••11 .k//rr //1 r/ •1 .ALT.NO,A-3 .:1•••1 11111 11 111• ROOFOVERHANG ALT,NO.A-4 a ti MEETING ROOM DOORS k //r/ /k// • •r .1 kl ALT.NO.A3 AHUUPGRADES :rrl/l .111 ••r/11 r•kr ALT.NO,A-8 SPECIALTY FOUNDATIONS a //•rl rrl to I:r to ADD FOR HELICAL PIERS(ALT NO.A-1) ADD FOR MINIPILES(ALT N0.A-2) i 1 / / k ♦ r /111 1 ADD FOR SPECIALTY FOUNDATION(ALT.NO.A3) /= • r r •r r r k ADD FOR SPECIALTY FOUNDATION(ALT.NO.A3)TYPE r f51AUCT-FOR REMOVING STEPPED FOUNDATIONS+INSTALLING ADDITION FOOTINGS AT TOP OF FOOTING ELEVATION 94--0' �& 1•at UNIT PRICE NO.1 %MARK-UP TO BEADDED TO CHANGE ORDER AND CHANGE DIRECTIVES IN LIEU OF WHAT SS LISTED IN SECTION 001300 e.Overhead and Profit on GC furnished work on1Y' b.Mark-up on 5uncgntraclors only Including Contractor's profit. Overhead and profit Mil not beaddedtomark-up imSubeontractor t / r percentage. A-percent maximum on overhead and profltforthe direct cost of Work performed by a Contractor or Subcontractor. A_percent maximum overhead and profit on Indirect costs of a Contractors Su boontrector The total mark-up shall not exceed percent and all mark-UP5 are subject to the Architects approve l. UNrr PRICE NO.2 TEMPORARY INSULATED AND WEATHER-TIGHT PARTITIONS 1 1 1 r r $/LINEAR FOOT UNIT PRICE NO.3 TEMPORARY PARTITIONS 1 •r I r k $PER LINEAR FOOT UNIT PRICE N0.k OVER C(CAVATION AND STRUCTURAL FILL .• k k .• 1 $PER CUBIC YARD THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. IAC591042 AIA Document A312 Performance Bond Any singular reference to Contractor,Surety Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Merchants Bonding Company(Mutual) Cardinal Construction,Inc. 6700 Westown Parkway 1246 Martin Rd West Des Moines Iowa 50266 Waterloo,IA 50704 OWNER(Name and Addres5): City of Waterloo,Iowa 715 Mulberry St Waterloo,IA 50703 CONTSTRUCTION CONTRACT Date: September 8,2020 Amount:$5,516,300.00 Description(Name and Location): Five Sullivan Brothers Convention Center Addition&Renovation BOND Date(Not earlier than Construction Contract Date): September 9,2020 Amount:$5,516,300.00 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Cardinal Construction,Inc. Merchants4Bnding Co`mlpany( utual) Signature: Signature: v`�`�Name and Title:dr. ,S at.� Name and ite.Lynette Sugden Vtti /� , Attorney-In-Fact ��cGcvr{f..lc_. (Any additional signatures appear on page 3) (FOR INFORMATION ONLY Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party): Pedersen Dowie Clabby McCausland Insurance Inc PO Box 2597 1& S Group,Inc. (ISG) Waterloo,IA 50704 314 East 4th St 319-234-8888 Waterloo IA 50703 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND• DEGEM6ER 1984 ED. •AIA 0 THE AMERICAN INSTITUTE or ARCHITECTS, 1335 NEW YORK AVE„ N.W., WASHINGTON, D.C. 20006 A312-1984 I Page 124 of 214 1 The Contractor and the Surety,jointly and severally, bind .1 After investigation, determine the amount for themselves,their heirs,executors,administrators, which it may be liable to the Owner and, as soon successors and assigns to the Owner for the performance as practicable after the amount is determined, of the Construction Contract,which is incorporated herein tender payment therefore to the Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract,the Owner citing reasons therefore. Surety and the Contractor shall have no obligation under 5 If the surety does not proceed as provided in Para-graph this Bond, except to participate in conferences as provided 4 with reasonable promptness,the Surety shall be deemed in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety 3 If there is no Owner Default, the Suretys obligation demanding that the Surety perform its obligations under this under this Bond shall arise after: Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. if the Surety proceeds as Surety at its address described in Paragraph 10 provided in Subparagraph 4.4, and the Owner refuses the below that the Owner is considering declaring a payment tendered or the Surety had denied liability, in Contractor Default and has requested and attempted whole or in part,without further notice the Owner shall be to arrange a conference with the Contractor and the entitled to enforce any remedy available to the Owner. Surety to be held not later than fifteen days after receipt of such notice to discuss methods of per- 6 After the Owner has terminated the Contractor's right to forming the Construction Contract. If the Owner,the complete the Construction Contract,and if the Surety Contractor and the Surety agree,the Contractor shall elects to act under Subparagraph 4.1,4.2, or 4.3 above, be allowed a reasonable time to perform the then the responsibilities of the Surety to the Owner shall Construction Contract, but such an agreement shall not be greater than those of the Contractor under the not waive the Owner's right, if any,subsequently to Construction Contract, and the responsibilities of the declare a Contractor Default; and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be Owner of the Balance of the Contract Price to mitigation of declared earlier than twenty days after the Contractor costs and damages on the Construction Contract, the and the Surety have received notice as provided in Surety is obligated without duplication for: Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for cor- 3.3 The Owner has agreed to pay the Balance of the rection of defective work and completion of the Con- Contract Price to the Surety in accordance with the struction Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in 6.2 Additional legal, design professional and delay accordance with the terms of the contract with the costs resulting from the Contractor's Default, and Owner. resulting from the actions or failure to act of the 4 When the Owner has satisfied the conditions of Surety under Paragraph 4; and Paragraph 3, the Surety shall promptly and at the Surety's 6.3 Liquidated damages, or if no liquidated damages expense take one of the following actions: are specified in the Construction Contract,actual a for the Contractor,with consent of the damages caused by delayed performance or non- 4.1 Arrange performance of the Contractor. Owner,to perform and complete the Construction Contract; or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Con- Construction Contract, and the Balance of the Contract struction Contract itself,through its agents or through Price shall not be reduced or set off on account of any independent contractors;or such unrelated obligations. No right of action shall accrue 4.3 Obtain bids or negotiated proposals from qualified on this Bond to any person or entity other than the Owner contractors acceptable to the Owner for a contract for or its heirs, executors,administrators or successors. performance and completion of the Construction 8 The Surety hereby waives notice of any change, inclu- Contract, arrange for a contract to be prepared for ding changes of time,to the Construction Contractor to execution by the Owner and the contractor selected related subcontracts, purchase orders and other obli- with the Owner's concurrence,to be secured with gations. performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the 9 Any proceeding, legal or equitable, under this Bond may Construction Contract, and pay to the Owner the be instituted in any court of competent jurisdiction in the amount of damages as described in Paragraph 6 in location in which the work or part of the work is located and excess of the Balance of the Contract Price incurred shall be instituted within two years after Contractor Default by the Owner resulting from the Contractor's default;or or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to 4.4 Waive its right to perform and complete, arrange perform its obligations under this Bond,whichever occurs for completion, or obtain a new contractor and with first. If the provisions of this Paragraph are void or reasonable promptness under the circumstances: prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA 0 A=4984 2 THE AMERICAN INSTITUTE Or=ARCHITECHTS,1735 NEW YORK AVE.,N.W. WASHINGTON,D.C. 20006 Page 125 of 214 able to sureties as a defense in the jurisdiction of the suit have been made including allowance to the shall be applicable. Contractor of any amounts received or to be received by the Owner in settlement of insurance or 10 Notice to the Surety,the Owner or the Contractor shall other claims for damages to which the Contractor is be mailed or delivered to the address shown on the entitled, reduced by all valid and proper payments signature page. made to or on be- half of the Contractor under the Construction Contract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig-- the construction was to be performed, any provision in nature page, including all Contract Documents and this Bond conflicting with said statutory or legal changes thereto. requirement shall be deemed deleted herefrom and 12.3 Contractor Default: Failure of the Contractor, provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.The which has neither been remedied nor waived,to intent is that this Bond shall be construed as a statutory perform or otherwise to comply with the terms of the bond and not as a common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived,to pay the Con- 12.1 Balance of the Contract Price:The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. MODIFICATIONS TO THIS BOND ARI=AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® A312-1984 3 THEAMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORKAVE.,N.W. WASHINGTON,D.C. 20006 Page 126 of 214 THE AMERICAN INSTITUTE QE ARCHITECTS Bond No. IAC591042 AIA Document A312 Payment Band Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address). SURETY(Name and Principal Place of Business): Merchants Bonding Company(Mutual) Cardinal Construction,Inc. 6700 Westown Parkway 1246 Martin Rd West Des Moines Iowa 50266 Waterloo,LA 50704 OWNER(Name and Address): City of Waterloo,Iowa 715 Mulberry St Waterloo,IA 50703 CONTSTRUCTION CONTRACT Date: September 8,2020 Amount:$5,516,300.00 Description(Name and Location): Five Sullivan Brothers Convention Center Addition&Renovation BOND Date(Not earlier than Construction Contract Date): September 9,2020 Amount:$5,516,300.00 Mad ifications to this Bond: I] None N See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company. (Corporate Seal) Company. (Corporate Seal!) Cardinal Construction,Inc. Merchants ding Company( tual) Signature: Signature: Name and Title: 8,.�,, ,. Name and I e. Lynette Sugden ey ��' Attorney-Ln-Fact (Any additional signatures appear on page (FOR INFORMATION ONLY—Name,Address and 1-lephone) AGENT or BROKER: OWNER'S REPRESENTATIVE.(Architect, Engineer or other party): Pedersen Dowie Clabby McCausland Insurance Inc PO Box 2597 I&S Group,Inc.(ISG) Waterloo,TA 50704 314 East 4th St e50703 AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •A1A 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N-W., WASHINGTON, D.C. 2W06 A312-19M a Page 127 of 214 1 The Contractor and the Surety,jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrator, Owner to the Contractor or to the Surety,that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract,which is Paragraph 4,the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner,this obligation shall be null 6.1 Send an answer to the Claimant,with a copy to and void if the Contractor: the Owner,within 45 days after receipt of the claim, 2.1 Promptly makes payment, directly or indirectly, stating the amounts that are undisputed and the for all sums due Claimants,and basis for challenging any amounts that are disputed. 2.2 Defends, indemnities, and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from all claims,demands, liens or suits by any amounts. person or entity who furnished labor, materials or equipment for use in the performance of the 7 The Surety's total obligation shall not exceed the Construction Contract, provided the Owner has amount of this Bond, and the amount of this Bond shall be promptly notified the Contractor and the Surety(at credited for any payments made in good faith by the the address described in Paragraph 12)of any Surety claims, demands, liens or suits and tendered defense 8 Amounts owed by the Owner to the Contractor under of such claims,demands, liens or suits to the the Construction Contract shall be used for the Contractor and the Surety, and provided there is no performance of the Construction Contract and to satisfy Owner Default. claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this 3 With respect to Claimants, this obligation shall be null Bond,they agree that all funds earned by the Contractor and void if the Contractor promptly makes payment, in the performance of the Construction Contract are directly or indirectly,for all sums due. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to 4 The Surety shall have no obligation to Claimants under use the funds for the completion of the work. this Band until: 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants contract with the Contractor have given notice to the or others for obligations of the Contractor that are Surety(at the address described in Paragraph 12) unrelated to the Construction Contract.The Owner shall and sent a copy,or notice thereof,to the Owner, not be liable for payment of any casts or expenses of any stating that a claim is being made under this Band Claimant under this Bond, and shall have under this Bond and,with substantial accuracy,the amount of the no obligations to make payments to, give notices on claim behalf of, or otherwise have obligations to Claimants 4.2 Claimants who do not have a direct contract with under this Bond. the Contractor: 10 The Surety hereby waives notice of any change, 1 Have furnished written notice to the Contractor including changes of time,to the Construction Contract or and sent a copy,or notice thereof,to the to related subcontracts, purchase orders and other Owner,within 90 days after having last per- obligations. formed labor or last furnished materials or equipment included in the claim stating,with 11 No suitor action shall be commenced by a Claimant substantial accuracy,the amount of the claim under this Bond other than in a court of competentjuris- and the name of the party to whom the mater- diction in the location in which the work or part of the work ials were furnished Or supplied or for whom is located or after the expiration of one year from the date the labor was done or performed;and (1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,or(2)on which the .2 Have either received a rejection in whole or in last labor or service was performed by anyone or the last part from the Contractor, or not received within materials or equipment were furnished by anyone under 30 days of furnishing the above notice any the Construction Contract,whichever of(1)or(2)first communication from the Contractor by which occurs. If the provisions of this Paragraph are void or the Contractor has indicated the claim will be prohibited by law,the minimum period of limitation paid directly or indirectly; and available to sureties as a defense in the jurisdiction of the .3 Not having been paid within the above 30 days, suit shall be applicable. have sent a written notice to the Surety(at the 12 Notice to the Surety,the Owner or the Contractor shall address described in Paragraph 12)and sent be mailed or delivered to the address shown on the a copy,or notice thereof,to the Owner, stating signature page. Actual receipt of notice by Surety,the that a claim is being made under this Bond and Owner or the Contractor, however accomplished,shall be enclosing a copy of the previous written notice sufficient compliance as of the date received at the furnished to the Contractor. address shown on the signature page. AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED.•AIA 0 M2-1984 5 THEANIERICANINSTITUTE OFARCHITECTS,V35NEWYORKAVE.,N.W. WASHINGTON,D.C. 20006 Page 128 of 214 13 When this Bond has been furnished to comply with a The intent of this Bond shall be to include without statutory or other legal requirement in the location where limitation in the terms"labor, materials or equipment" the construction was to be performed, any provision in that part of water,gas, power, light, heat, oil, this Bond conflicting with said statutory or legal gasoline,telephone service or rental equipment used requirement shall be deemed deleted herefrom and in the Construction Contract, architectural and provisions conforming to such statutory or other legal engineering services required for performance of the requirement shall be deemed incorporated herein.The work of the Contractor and the Contractors intent is that this Bond shall be construed as a statutory subcontractors, and all other items for which a bond and not as a common law bond. mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were 14 Upon request by any person or entity appearing to be furnished. a potential beneficiary of this Bond,the Contractor shall 15.2 Construction Contract:The agreement between promptly furnish a copy of this Bond or shall permit a copy the Owner and the Contractor identified on the to be made. signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default; Failure of the Owner,which has 15.1 Claimant: An individual or entity having a direct neither been remedied nor waived,to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract the Contractor to furnish labor, materials or or to perform and complete or comply with the other equipment for use in the performance of the Contract. terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Section 6 is modified by adding section 6.3. 6.3 The Surety's failure to discharge its obligations under this Section 6 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim. However, if the Surety fails to discharge its obligations under this Section 6,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs to recover any sums found to be due and owing to the Claimant. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL, SURETY Company: Company: (Corporate Seal) (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND s DECEM13ER 1384 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W. WASHINGTON,D.C. 20006 A312 19a4 5 Page 129 of 214 NVERCHANT77!�k BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,Individually, Lynette Sugden their true and lawful Attomey(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 9th day of September 2020 C. '�40%i' 00;, ;�OPOA '.9 MERCHANTS BONDING COMPANY(MUTUAL) Ar .'VO '4l�;,y. :y � 'Qj.yz: MERCHANT NATIONAL.BONDING,INC. •'�.' C7: 2003 rn 1933 :c: By ?`.° .Jdr'' dam:• '•.k ''J.•`' •• W �"�.• President STATE OF IOWA •r+r•r+r w+s•'•� •••••••• COUNTY OF DALLAS ss. On this 9th day of September 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. POLLY MASON o Commission Number 750576 � ,ytgp My Commission Expires �owP January 07,2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9th day of September 2020 . ��•��4f1/Iiq.�O•. .•moo?o.iPo;gq.gy; drl �✓ 'X 2003 :,0 y 1933 :a Secretary :a�• •.: • gid• '•r.� POA 0018 (1120) For bond verification contact verify@merchantsbonding.com Page 130 of 214 CITY OF WATERLOO Council Communication Resolution approving a second amendment to the Development Agreement with CJE Properties, Green Development Waterloo, LLC and Riverside Investments, LLC, originally executed May 17, 2010, changing completion date to June 30, 2021, for a home located at 738 Mobile Street, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ Amendment to Development Agreement Backup Material ❑ 1 st Amendment to Development Agreement Backup Material ❑ Original Development Agreement Backup Material Resolution approving a second amendment to the Development Agreement with CJE Properties, Green Development Waterloo, LLC and Riverside SUBJECT: Investments. LLC, originally executed May 17, 2010, changing completion date to June 30, 2021, for a home located at 738 Mobile Street, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Commuity Planning and Development Director Recommended Action: Approval 738 Mobile Street was a part of a development agreement approved on May Summary Statement: 17, 2010. The home was one of six homes that were relocated by the developer for the reconstruction of Hwy 63 by the IDOT. Policy Issue: Strategic Planning Policy 1, 3 and 4 regarding Economic Development Alternative: Not approve Legal Descriptions: Shilliams Subdivision Lot 15 Block 1 Page 131 of 214 Preparer Information: Christopher S.Wendland PO Box 596 Waterloo Iowa 50704 319 234-5701 Name Address city Phone SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Aendment to Development Agreement (the "Amendment") is entered into as of W is , 2020, by and between CJE Properties (the "Developer"), Green Development Waterloo, LLC ("Green"), Riverside Investments, LLC ("Riverside") and the City of Waterloo, Iowa (the "City"). RECITALS A. Developer and City are parties to that certain Development Agreement dated May 17, 2010 and filed October 13, 2011 as Doc. No. 2012-6670 (the "DA"), concerning the development of land (the "Property") described therein_ B. Green became a party to the DA pursuant to a certain Amendment to Development Agreement dated June 24, 2019 and filed August 28, 2019 as Doc. No. 2020-3780, which also amended other terms of the DA. C. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows- 1. ollows:1. Section 3 of the DA is amended to provide that the deadline for completion of the project work at 738 Mobile Street is June 30, 2021. 2. Except as modified herein, the DA shall continue unmodified in full force and effect. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors, assigns and transferees. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above_ Page 132 of 214 Page 2 CITY OF WATERLOO, IOWA CJE PROPERTIES By: By: Quentin Hart, Mayor Title: Attest: Kelley Felchle, City Clerk GREEN DEVELOPMENT WATERLOO, LLC By: Title: RIVERSIDE INVESTMENTS, LLC By: Title: Page 133 of 214 Page 1.of IIOIII�IIIIIIIIIIIIIIIIIIIIIIIII�IIIIIII�IIIIIIIIIIII�IIIIIIIIIIIIII�IIIIIIIIIII .. Doc ID: 009641490003 TyPe: GE Recorded: 08/28/2019 at 02:52:48 PM elackmHawklGountvalowa of 3 SANDIE L. SMITH RECORDER Q > Fi1e2020-000037 80 4� Preparer " information: Christopher S Wendland PO Box 596 Waterloo Iowa 50704 (319)234-5701 Name Address city Phone AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of June 2019, by and between CJE Properties (the "Developer"), Green Development Waterloo, LLC ("Green") and the City of Waterloo, Iowa (the "City"). RECITALS A. Developer and City are parties to that certain Development Agreement dated May 17, 2010 and filed October 13, 2011 as Doc. No. 2012-6670 (the "DA"), concerning the development of land (the "Property") described therein. B. Green is an affiliate of Developer by common ownership or control. Green holds title to the Property and desires to make a sale of certain portions to an unrelated party that intends to complete the improvements contemplated by the DA. C. The parties desire to amend the DA to modify the terms thereof as set forth-in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA is hereby amended to add Green as a party, to have full responsibility jointly with Developer to ensure completion of the project work. Green agrees that it took ownership of the Property from City with full knowledge of the development duties required of Developer, Green's affiliate, pursuant to the DA and with full knowledge of the possibility of reverter of title as provided in the DA. 2. Section 3 of the DA is amended to provide that the deadline for completion of the project work is June 30, 2020. City hereby consents to Green's conveyance of the Property to Riverside Investments, LLC, subject to the transferee's fulfillment of Developer's obligations under the DA. File Number: 2020-0 7W,%1Pg;4 21 Irly YIUL �lrl Page 2 oft Page 2 3. Exhibit "A" of the DA is amended to update property addresses as follows: 300 Cottage Street is now known as 316 Cottage Street, and 700 Cottage Street is now known as 710 Cottage Street. The parties acknowledge that 701 Cottage Street is a vacant lot that is paired with the property now known as 710 Cottage Street. Developer or Green agree to make a request to the Black Hawk County Assessor, by July 31, 2019, to have 710 Cottage Street and the abutting lot combined into a single parcel for tax assessment purposes. 4. The parties agree that a project was not developed on the property identified in the DA as "528 N_ Barclay Street" (legally described as Lot 1, Auditor Francis Rose Hill Plat), as required by the DA. No later than July 31, 2019, Developer and Green will convey title of said property to City by special warranty deed, free and clear of all liens, claims, and encumbrances arising by or under Developer and Green. 5. The parties agree that a project was not developed on the property identified in the DA as "1203 Beech Street" (legally described as Lot 11, Block 2, Rose Hill First Addition), that said property was never conveyed to Developer, and that the parties have no intention of developing said property. Accordingly, said property is removed from the DA. 6. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors, assigns and transferees. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CJE PROPERTIES By: By: Quentin Hart, Mayor Title: k:5 ink Attest: Kelley Felc ity Clerk GREEN DEVELOPMENT WATERLOO, LLC By: Title: File Number: 2020-0q 7$g5,%TQ1$ Page 3 of 3 Prepared by LeAnn M. Even, Deputy City Cleric, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2019-492 RESOLUTION APPROVING AN AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN CJE PROPERTIES, GREEN DEVELOPMENT, AND THE CITY OF WATERLOO, IOWA, CHANGING THE COMPLETION DATE OF HOMES TO BE RENOVATED, AND DEEDING BACK A LOT TO THE CITY OF WATERLOO THAT WAS NOT USED FOR NEW CONSTRUCTION, AND AUTHORIZE THE MAYOR AND CITY CLERK TO .EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that an Amendment to a Development Agreement dated June 24, 2019, between CJE Properties, Green Development, and the City of Waterloo, Iowa, changing the completion date of homes to be renovated, and deeding back a lot to the City of Waterloo that was not used for new construction, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute said document on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of June 2019. Quentin Hart, Mayor j:.'ti IA C v i Kelley Fel hl s City Clerk 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 2019-492, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 24th day of June 2019. `Witness my hand and seal of office this 24th day of June 2019. elley Felchle City Clerk File Number: 2020-0 $§6,'&Q14 Page 1 of'5 Illlllllllllllllllllllllllllllllllllllllllfllllllllllll���llllllllllllllfllll�ll Doc ID: 004603740005 Type: GEN Kind: AGREEMENT Recorded: 10/13/2011 at 10:01:19 AM Fee Amt: $27.00 Pape 1 of 5 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2012-00006670 DEVELOPMENT AGRDMENT This Agreement is made and entered into this I iLL day of 2010, by and between WE Properties', hereafter called Developer, and the City ofW terloo, Iowa, hereinafter called City. WHEREAS, City considers development within the City a benefit to the community and is willing for the total good and welfare of the community to sell city-owned property not needed for current or future public purposes so as to encourage that goal, and WHEREAS, the City of Waterloo will acquire 6 residential homes from the I.D.O.T for the purpose of making available to developer for a minimum of$1.00 each and WHEREAS, Developer is willing and able to move six (6) residential homes, onto city owned properties legally described on attached Exhibit "A", and WHEREAS, The City Of Waterloo shall transfer said lots described in Exhibit "A" for $1.00 per lot, and WHEREAS, said moving and rehabilitation of said homes shall be completed within a 1- year period by Developer, and NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, Developer and City agree as follows: 1. The City agrees to transfer property, as legally described, for a minimum of$1.00 per property for a total of $6.00 plus all transaction costs, which include deed preparation, recording etc. The City shall convey, or cause to be conveyed, the properties by Quit Claim Deed once the moving permit is acquired and the Developer's written notice to City of intent to commence moving activities within 14 days. 2. Developer agrees to move six (6) residential homes currently addressed as 1707 Logan, 1711 Logan, 1745 Logan, 1302 Logan, 1353 Logan, 1252 Logan, and take out necessary permits within 30 days, from the date of this agreement. Said homes shall be "set" on to previously identified city owned lots, and rehabilitated in accordance with all applicable City, State, and Federal building codes and be in compliance with all applicable city ordinances. 3. Developer must obtain a building permit and begin construction within one (1) month of the date of transfer and be completed within twelve (12) months. If, after transfer of the property by the City to developer, construction is not commencing in accordance with the attached schedule as described, the title to the real estate will revert to City Y +��•�� File Number: 2012-OW0797%P9g 4 Page 2 of 5 of Waterloo, free of any liens, encumbrances, etc. against said property. Developer agrees to sign all necessary documents for said reversion. If construction is not completed, at the end of twelve (12) months, but the development of the project is still imminent, the City Council may but shall not be required to grant an extension of time for the rehabilitation of the building. Partial start of development, not in accordance with the requirement to "set" and rehabilitate the above mentioned properties within the one (12) month period will also initiate the above requirement for reversion of land. 4. Developer will be required to place $25,000 dollars in an escrow account with the Law office of Clark, Butler, Walsh, and Hamann, in the event the project is not completed and the properties have to be demolished or project completed by the city. Also the developer will submit $5,000 performance bond to the I.D.O.T for two historic homes at 1252 and 1302 Logan Avenue per the requirements of the I.D.O.T. The Developer may request at a rate of no more than $6,000 per home a reimbursement of monies in escrow as each home is completed and occupancy permit has been acquired. 5. After Developer's completion of the project, as previously described, any and all reversion rights granted to City, relating to any or all of the property described in Exhibit"A" shall terminate. 6. NOTICE: All notices, request, and other communication permitted or required herein shall be in writing and hall be effective when delivered to the addressee in person or when sent to such address by United States registered or certified mail, return receipt requited, postage prepaid, or by hand delivery, or fax, addressed as follows: For the City: Mayor Ernest G. Clark City Hall 715 Mulberry Street Waterloo, Iowa 50703 With copy to City Planner For Developer: CJE Properties P.O. Box 2690 Iowa City, Iowa 52244 7. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and insure to the benefit of the parties and their respective successors and assigns, legal representatives, and future owners of the property. 8. Amendments, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. File Number: 2012-0Q STQg-,P91R Page 3 of 5 9. Time of Essence. Time is of the essence of this Agreement. 10. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date and year written above. CJE PROPERTIES By: Charles Jones Date Title: kS ' a c q CITY OFW TERLO , I?A By: G to Ernest G. Clark, Mayor Date ATTEST: Sky Schares, City Clerk Date File Number: 2012-OQSTQg-%gg14 Page 4 df 5 Exhibit "A" 528 N Barkley AUDITOR FRANCIS ROSE HILL PLAT LOT 1 701 Cottage St HOWREY & MCWILLIAMS REPLAT OF BLOCKS 2,3 AND THE N 1/2 OF BLK 4 AND THE E 355.43 FT OF THE N 1/2 OF BLK 5 HOWREY AND MCWILLAIMS ADD LOT 9 BLK 3 700 Cottage St HOWREY & MCWILLIAMS REPLAT OF BLOCKS 2,3 AND THE N 1/2 OF BLK 4 AND THE E 355.43 FT OF THE N 1/2 OF BLK 5 HOWREY AND MCWILLIAMS ADD LOT 8 BLK 3 300 Cottage St HAMMOND & HOPKINS ADDITION E 40 FT LOT 4 BLK 3 738 Mobile St SHILLIAMS SUBDIVISION LOT 15 BLK 1 1203 Beech St ROSE HILL FIRST ADDITION LOT 11 BLK 2 807 Beech St ROSE HILL FIRST ADDITION LOT 5 BLK 11 File Number: 2012-0 T40-%gg14 Page 5 of 5 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1314897 NOTICE OF PUBLIC HEARING TO WHOM IT notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 05/13/2010, in the issues of 05/13/2010 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. NOTICE OF PUBLIC HEARING TO WHOM IT.MAY CONCERN: Notice is hereby given that on the 17th Printer' s Bill $24 . 65 day of May,2010,at 5:30 p.m.,in the Council Chambers.in the City Hall in the City of Waterloo,IoNa,a public hearing will be held by the Council of the City of Waterloo,lowa.,pq the development _ agreement by and between CJE Proper- - � � ties and the City*,Waterloo to acquire / and move six ho located at 1707 Lo- gan Ave.,1711 Logan Ave.;1745 Logan Sined Ave.,1302 Logan Ave.,1252 Logan g Ave.,and 1353 Logan Avenue for$1.00 each to lots shown on exhibit"A',de- scribed as follows: Exhibit"A' 528 N Barkley Street Subscribed and sworn to before me this Auditor Francis Rose Hill Plat Lot 1,all in the City of Waterloo,Black Hawk County, Iowa; day ofst of Blocks 70,comma street r 3and tthe McWilliams N%o B1k 4 andlthe E 355.43 Tf'of the N%of BIk:S Howrey and r��• SUE AI.,ANIZ McWilliams Add Lot 9 Blk 3.all in the City COMMISSION NO.761976 orwaterl 00 CottBlack age Streeetnry,Iowa;. 1< * I S ON EXPIRES Howrey&McWilliams Replat of Blocks o „ 2,3 and the N%of BIk 4 and the E 355.43 Ft of the N%of BIk 5 Howrey and McW II- Otar PUb11C IiamsAddLot8Blk3,allintheCityof y Waterloo,Black Hawk County,Iowa; 300 Cottage Street Hammond&Hopkins Addition E 40 Ft Lot 4'Blk 3,all In the City of Waterloo, -Black Hawk County,Iowa, Received of IeisS Shanamsbi ��Street all In the City of waterloo,Black k0a,16ounty, the sum Of Dollars Iowa; 1203 Beach Street Rose Hill First AdditionLot 1.1 BIk 2,all in in full for publication of the above invoice. the City ofWater)00,02' kAaawkCounty, Iowa; Rose HI FustAdr♦i>fon Let ot5 BIk 11,all in the City of Wa(a►lob,Black Hawk County, . Iowa- Notary Seal : Anyone who'Ih interested may appear at said limp jtpdplace and be heard or may file written ubject)on with the City Clerk, City Hall,Waterloo,Iowa,before the date sat said hearing, By order of the Council of the City of Wa- terloo this 3rd day of May,2010. Suzy Schares City Clark File Number: 2012-0¢ TRS %gggrp CITY OF WATERLOO Council Communication Resolution approving an amendment to the Development Agreement with Warren Transport, Inc., changing completion date to April 30, 2022, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/14/2020 Prepared: 9/9/2020 ATTACHMENTS: Description Type ❑ Amendment to Development Agreement Backup Material ❑ Original Development Agreement Backup Material Resolution approving an amendment to the Development and Minimum SUBJECT: Assessment Agreement with Warren Transport, Inc., originally executed on November 18, 2019, changing completion date to April 30, 2022, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Commuity Planning and Development Director Recommended Action: Approval Warren Transport will be constructing a new 32,500 square foot facility near the corner of Athens Drive and Titan Trail. The new facility will have a Summary Statement: minimum assessed value of$3,500,000.00 and is set to receive tax rebates at 85% for years 1-11 and 35/o on year 12. The timeline extension for construction is due to Covid pandemic setbacks. Policy Issue: Strategic Planning Policy 1, 3 and 4 regarding Economic Development Alternative: Not approve Part of Lot 3 in Greenbelt Centre Plat No. 3; all of Lots 7, 8, 9, 10, 11, and 12 in Greenbelt Centre Plat No. 5; part of Lot 2, and all of Lots 3, 4, and 5 in Greenbelt Centre Plat No. 8; more particularly described as: Beginning at the Northeast corner of Lot 12, Greenbelt Centre Plat No. 5, being at the south right-of-way of Athens Drive and the west right-of-way of Titan Trail;thence S89°31'10"W 1016.81 feet along the south line of Athens Drive;thence SO'17'25"E 716.05 feet to the north right-of-way of Cyclone Drive;thence N89°42'35"E 799.89 feet along the north right-of-way of Legal Descriptions: Cyclone Drive to the northwest right-of-way of Titan Trail;thence N350 13'19"E 337.15 feet along the northwest right-of-way of Titan Trail; thence northerly 74.78 feet following the northwest right-of-way of Titan Trail along a 120.00 foot radius curve, concave northwesterly, said curve having a chord of 73.57 feet bearing N17°22'15"E; thence N0028'50"W 374.88 feet along the west right-of-way of Titan Trail to the point of beginning, containing 16.000 acres, and is subject to easements and restrictions of Page 142 of 214 record. Page 143 of 214 Pre ared by/Return to: Christopher S.Wendland P.O. Box 596 Waterloo, IA 50703. 319-234-5701 AMENDMENT TO DEVELOPMENT AGREEMENT and AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT This Amendment to Development Agreement and Amendment to Minimum Assessment Agreement (the "Amendment") is entered into as of , 2020, by and between the City of Waterloo, Iowa ("City") and Warren Transport, Inc. ("Company"). RECITALS A. Company and City are parties to that certain Development Agreement dated November 18, 2019 (the "Agreement") concerning the development of property as described in the Agreement. Company and City are also parties to that certain Minimum Assessment Agreement dated November 18, 2019 (the "MAX) pertaining to the Property. The Agreement and MAA were filed together in the records of the Black Hawk County Recorder on December 12, 2019 as Doc. No. 2020-10729. B. The parties desire to amend the DA and MAA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Section 3 of the DA is amended to strike the first unnumbered paragraph thereof in its entirety and to substitute a new paragraph in its place, as follows: 3. Timeliness of Construction. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements by May 1, 2021, or by such other date as the parties shall mutually agree in writing (the "Project Start Date"), and construction of Improvements must be Substantially Completed by April 30, 2022 (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. Page 144 of 214 2. Section 1 of the MAA is amended to strike "June 30, 2021" therefrom and to substitute "April 30, 2022" in its place. 3. Except as amended herein, the DA and the MAA shall continue unmodified in full force and effect. Terms capitalized in this Amendment but not defined herein shall have the meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement and Amendment to Minimum Assessment Agreement as of the date first set forth above. WARREN TRANSPORT, INC. CITY OF WATERLOO, IOWA B _ By: Scott Full r, VP Finance Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk STATE OF MINNESOTA ) ) ss. STEARNS COUNTY ) Acknowledged before me on / o e , 2020 by Scott Fuller as Vice President of Finance of Warren Transport, Inc. (Notary Public PATRICIA A. ASMUS NOTARY PUBLIC-MINNESOTA My Comm.Exp.Jan.31,2023 PARRAF2 Page 145 of 214 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) This record was acknowledged before me on , 2020 by Quentin M. Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 Page 146 of 214 Page 1 of 17 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I I IIIIIIIIIIIIIIIIIIIIIII Doc ID: 009723010017 Type: GEN Recorded: 12/12/2019 at 03:48:29 PM Fee Amt: $87.00 Paqe 1 of 17 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2020-00010729 Prepared by Christopher S.Wendland, P.O. Box 596,Waterloo, IA 50704 Phone(319)234-5701 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of �af �8 26 t I , by and between Warren Transport, Inc. (the "Company") and the City ofWaterloo', Iowa (the "City"). RECITALS A. In furtherance of the objectives of Chapter 403 of the Code of Iowa, 2015, as amended (the "Urban Renewal Act"), City is engaged in carrying out urban renewal project activities in an area known as the Martin Road Development Plan Area ("Urban Renewal Area"). B. Company is willing and able to finance and construct a building and related improvements on property located in the Urban Renewal Area. C. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal.- City believes that the development of the Property (defined below) is in the vital and best interests of the City and in accordance with the public purposes and provisions of the applicable State and local laws and requirements under which the project has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Development Property. Company is the owner of, or is in the process of acquiring ownership of, real property in Waterloo, Iowa, described on Exhibit "A" attached hereto (the "Property"). The Company will undertake the Project (defined below) in and upon the Property. 2. Improvements by Company. Company shall construct one or more commercial buildings (office and shop) of approximately 32,500 total square feet and X71 File Number: 2020-00PJ9Z2* p1t 7 Page 2 of 17 related landscaping, paving, signage and parking improvements (collectively, the "Improvements"). Company agrees that the Improvements shall be constructed in accordance with the terms of this Agreement, the Urban Renewal Plan, and all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Company's commitment to cause the Project to be undertaken and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction of the Improvements within ten (10) months after the date of this Agreement, or by such other date as the parties shall mutually agree in writing (the "Project Start Date"), and construction of Improvements must be Substantially Completed within twenty-four(24) months after the date of this Agreement (the "Project Completion Date"). For purposes of this Agreement, "Substantially Completed" means the date on which the Improvements have been completed to the extent necessary for the City to issue a certificate of occupancy relating thereto. If Company has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 16, and City shall have no further obligation hereunder. If construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, grant an extension of the Project Completion Date. If construction has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company(each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Project Completion Date by a number of days equal to the number of days lost as a result of Unavoidable Delays, and thereafter if construction is not completed within the allowed period of extension, City may terminate this Agreement as set forth in Section 16, and City shall have no further obligation hereunder. 4. Water and Sewer. Company will be responsible, at its own cost, for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property that it desires and for payment of any associated connection fees. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all 2 File Number: 2020-0018AYZ21$8Sj9Fc_x1A Page 3 of 17 other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit "B" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this Agreement, which shall be fixed for assessment purposes, below the amount of $3,500,000.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to execute and deliver the MAA concurrently with execution and delivery of this Agreement. 6. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the MAA as set forth in Section 5, and subject to annual appropriation by the city council, City agrees to rebate property tax (with the exceptions noted below) as follows: Year 1 through Year 11 85% rebate each year Year 12 35% rebate for any taxable value over the beginning base value of$65,000.00. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year and the city council has made an appropriation for the payment of rebates. To receive rebates for a given year, Company must submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year 1") shall be the first full year for which the assessment is based upon the completed value of the Improvements, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property or upon (y) the value of the Property and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 3 File Number: 2020-00PJ9?21% 1 Page 4 of 17 7. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. Company agrees during construction of the Improvements and thereafter until the MAA termination date to maintain, as applicable, builder's risk, property damage, and liability insurance coverages with respect to the Improvements in such amounts as are customarily carried by like organizations engaged in activities of comparable size and liability exposure, and shall provide evidence of such coverages to the City upon request. B. Until Substantial Completion of the Improvements, when reasonably requested by the City the Company shall make such reports to City, in such detail as to the actual progress of Company with respect to construction of the Improvements. C. Company will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Improvements. D. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAX E. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. F. Company will comply with all applicable land development laws and City and county ordinances, and all laws, rules and regulations relating to its businesses, other than laws, rules and regulations where the failure to comply with the same or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Company. G. During the period that any rebate is payable to Company under this Agreement, Company agrees that (1) it will not undertake, in any other municipality in Black Hawk County, the construction or rehabilitation of any commercial property as a primary location for Company's business operations of the type to be conducted on the Property, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause 4 File Number: 2020-00Pj9?2j%C$9frgj,04 Page 5 of 17 the Property or any part thereof to be classified as exempt from taxation or subject to centralized assessment or taxation by the State of Iowa. H. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 8. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 120 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. s File Number: 2020-00PJ9Z21%1SfflT1`4 Page 6 of 17 C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or misconduct of any person, other than any act of negligence or 6 File Number: 2020-00pjq�� ifit Page 7 of 17 misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any misrepresentation, any misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or(2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or(3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 13. Default. The following shall be "Events of Default" under this Agreement, and the term "Event of Default" shall mean any one or more of the following events that continues beyond any applicable cure periods: A. Failure by Company to cause the construction of the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Company of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; C. Failure by Company to pay, before delinquency, all ad valorem property taxes levied on or against the Property; D. Failure by any party hereto to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement or the MAA; E. Company (1) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the federal bankruptcy law or any similar state law; (2) makes an assignment for the benefit of its creditors; (3) admits in writing its inability to pay its debts generally as they become due; (4) is adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of Company as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within ninety(90) days File Number: 2020-OOPJ9?2%§@R174 Page 8 of 17 after the filing thereof; or a receiver, trustee or liquidator of Company, or part thereof, shall be appointed in any proceedings brought against Company and shall not be discharged within ninety (90) days after such appointment, or if Company shall consent to or acquiesce in such appointment; or(5) defaults under any mortgage applicable to the Property. F. Any representation or warranty made by Company in this Agreement, or made by Company in any written statement or certificate furnished by Company pursuant to this Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. 14. Remedies. A. Default by Company. Whenever any Event of Default in respect of Company occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Company of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or the Event of Default cannot reasonably be cured within 30 days and Company shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be cured as soon as reasonably possible. Upon termination, City may exercise any and all remedies available at law, equity, contract or otherwise for recovery of any sums paid by City to Company before the date of termination. B. Default by City. Whenever any Event of Default in respect of City occurs and is continuing, Company may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Company shall give 30 days' written notice to City of the Event of Default, provided that by the conclusion of such period the Event of Default shall not have been cured, or if the Event of Default cannot reasonably be cured within 30 days and City shall not have provided assurances reasonably satisfactory to the Company that the Event of Default will be cured as soon as reasonably possible. C. Remedies under this Agreement shall be cumulative and in addition to any other right or remedy given under this Agreement or existing at law or in equity or by statute. Waiver as to any particular default, or delay or omission in exercising any right or power accruing upon any default, shall not be construed as a waiver of any other or any subsequent default and shall not impair any such right or power. 15. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any 8 File Number: 2020-0010AYgA%4-'�qc_v14 Page 9 of 17 governing body member, officer, employee or agent of City in the individual capacity of such person. 16. No Third-Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third-party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at 210 Beck Avenue, Waterloo, Iowa 50701, Attn: President. Delivery of notice shall be deemed to occur(i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or(iv)when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall 9 File Number: 2020-OOPJ9ZZ21% 1% Page 10 of 17 continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 22. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 23. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 24. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 25. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] io File Number: 2020-OOOpgg g91 :A% Page 11 of 17 CITY OF WATERLOO, IOWA WARREN TRANSPORT INC. By: By: Quentin M. Hart, Mayor Title: Attest: kelley Felchle ity Clerk File Number: 2020-OOOpgg g91,*eSf:A% Page 12 of 17 Exhibit"A" Legal Description: Part of Lot 3 in Greenbelt Centre Plat No. 3; all of Lots 7, 8, 9, 10, 11, and 12 in Greenbelt Centre Plat No. 5; part of Lot 2, and all of Lots 3, 4, and 5 in Greenbelt Centre Plat No. 8; more particularly described as: Beginning at the Northeast corner of Lot 12, Greenbelt Centre Plat No. 5, being at the south right- of-way of Athens Drive and the west right-of-way of Titan Trail; thence S89031'1 OV 1016.81 feet along the south line of Athens Drive; thence SO°17'25"E 716.05 feet to the north right-of-way of Cyclone Drive; thence N89°42'35"E 799.89 feet along the north right-of-way of Cyclone Drive to the,northwest right-of-way of Titan Trail; thence N35°13'19"E 337.15 feet along the northwest right-of-way of Titan Trail; thence northerly 74.78 feet following the northwest right-of-way of Titan Trail along a 120.00 foot radius curve, concave northwesterly, said curve having a chord of 73.57 feet bearing N17022'15"E; thence NO°28'50"W 374.88 feet along the west right-of-way of Titan Trail to the point of beginning, containing 16.000 acres, and is subject to easements and restrictions of record. File Number: 2020-000pgq g91 rf Page 13 of.17 EXHIBIT "B" MINIMUM.ASSESSMENT:AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered Jnto as NovU1Aq1,V by and.among the.CITY OF.WATERLOO, IOWA ( City ), WARREN TRANSPORT, INC. ("Company"), and-the COUNTY ASSESSOR of the City.of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS,.on- or before the.date-hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real . property, described in Exhibit "A" thereto.,.located in the City; and WHEREAS; it is contemplated that pursuant to the:Development.Agreement,,the Company will undertake, or cause to be undertaken, the development of an area ("Project")within.the Martin_Road Development Plan area of the City;and WHEREAS; pursuant to .Iowa Code §.403.6,as amended;.the City and the Company desire to establish a minimum actual value for the land and the building pursuant.to this Agreement and applicable only to:the.Project, which shall.be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed.the preliminary:plans and specifications for the.improvements (the "Improvements") which the parties contemplate` will be erected as a part of the Project: .NOW, THEREFORE,:the parties hereto, in consideration of the promises, covenants, and agreements. made by each other; do hereby agree as follows: 1. Upon substantial completion of construction,of-the Improvements, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed,thereon asa. part.of the Project shall not.be less than $3,500,000.00:(the"Minimum Actual Value").until termination_of this Agreement.. The parties agree.that construction of the Improvements will be substantially completed by June 30; 2021. If it is not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in.Section 2 below. 2. The Minimum Actual Valueherein established shall be of no further force and effect,'an'd this-Minimum Assessment Agreement shall terminate; on.December 31, 2044., Nothing herein shall:be deemed to waive the Company's rights under Iowa Code. § 403.6, as amended, to contest that portion of any actual value assignmentmade by the Assessor in excess of the Minimum Actual Value established herein. In no event, however,, shall the.Compa.ny seek or:cause the reduction of the actual value.assigned File Number. 2020 000114�391 - Page 14 of 17 below the Minimum Actual Value established herein during-the term of this Agreement. Nothing herein shall limit-the discretion of the Assessor to.assign at any time an actual value to the land. and.Improvements:in excess of the Minimum Actual Value. 3. Company agrees that.it will not seek:administrative review or judicial review of the applicability..or constitutionality of any Iowa tax:statute or regulation relating to the taxation of real property included-within the.Property that.is determined by any tax official to be applicable to the Property or to Company; or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. . This Agreement'shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording: 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed.as, modifying°the terms of.the Development Agreement, 6. This Agreement-shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF.WATERLOO; IOWA WARREN TRANSPORT, INC. By: By: _ - Quentin M..Hart; Mayor:, - Title: .Attest:- Kelley Felchl ity Clerk 2 . File Number I6 r: 2020 000 ���91 : : Page 15 of 17 STATE OF IOWA )ss. COUNTY OF BLACK HAWK On this Lb day of .. (V ���YVV��✓ , before me, a Notary Public in and for the State of lowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who.being duly sworn, did say that they are the Mayor and City . Clerk, respectively,.of the. City of Waterloo; Iowa, a municipal corporation, created and existing under the.laws,of the State of Iowa, and that the seal affixed to the foregoing instrument=is the seal of said municipal corporation_, and that said instrument was signed' and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be.the free act' . and deed of said municipal corporation by it and by them voluntarily executed. SPP, NANCY HIGBYNotarypublic- cj p f COMMISSION IV0.788229 u " MY COMMISSION EXPIRES o.w► :1�3�2mZl. .�j . STATE OF IOWA ) ss. BLACK HAWK COUNTY .) 1�, Acknowledged before me on Np M\a,�r ��1�% by. Ia as of Warren Transport, Inc. pP," SF ADRIENNE MILLER .. COMMISSION NO.809109 �"••~' � 'MY:COMMISSION EXP IRES ���� FEBRUARY 23,202 1 Notary Public 2 Fi.Ie dumber; 20 0-©OOnp916q Page 16 of 17 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the.market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Three Million Five Hundred Thousand Dollars ($3,500,000) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. As or or Black Hawk County, Iowa Date STATE OF IOWA ) ) SS. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me onp&"tAf `� ► a,�°t , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. "`aF ADRIENNE MILLER COM ION No.eo91os Notary Public a w' ' MY COMMISSION EXPIRES _ FEBRUARY 23,2021 File Number: 2020-000p j g91 : Page 17 of 17 Prepared LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2019-889 RESOLUTION APPROVING A DEVELOPMENT AND MINIMUM ASSESSMENT AGREEMENT WITH WARREN TRANSPORT, INC., FOR THE CONSTRUCTION OF A 32,500 SQUARE FOOT FACILITY WITHIN THE MARIN ROAD DEVELOPMENT PLAN AREA, WITH A TAX REBATE AMOUNT OF 85 PERCENT FOR A TERM OF ELEVEN YEARS AND 35 PERCENT FOR YEAR TWELVE, WITH A MINIMUM ASSESSMENT OF $3,500,000, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA that the Development and Minimum Assessment Agreement dated November 18, 2019, between Warren Transport, Inc. and the City of Waterloo, Iowa, for the construction of a 32,500 square foot facility within the Marin Road Development Plan area, with a tax rebate amount of 85 percent for a term of eleven years and 35 percent for year twelve, with a minimum assessment of $3,500,000, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute said documents on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 181h day of November 2019. (' Quentin Hart, Mayor e Felchle City Clerk 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. 2019-889 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 18t1i day of November 2019. Witness my hand and seal of office this 18th day of November 2019. s s t""0%11,; "l = S fRel ley Felchle � City Clerk ft,? j3i # tri}„✓4 F � ;rca 5t _ File Number: 2020-O000Q3gq6Aq9:21-4 CITY OF WATERLOO Council Communication Resolution approving construction plans for grading and street construction, water main, sanitary sewer and storm sewer serving the Gardner Addition, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and Sewage Treatment Agreement, DNR Form 29 (Nov 00)with the Department of Natural Resources, and the final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. City Council Meeting: 9/14/2020 Prepared: 9/8/2020 ATTACHMENTS: Description Type ❑ Plans Backup Material Resolution approving construction plans for grading and street construction, water main, sanitary sewer and storm sewer serving the Gardner Addition, as submitted by Clapsaddle-Garber Associates, Inc., of Cedar Falls, Iowa, and SUBJECT: Sewage Treatment Agreement, DNR Form 29 (Nov 00)with the Department of Natural Resources, and the final acceptance of construction plans, subject to the review and acceptance by the Department of Natural Resources, and authorizing the Mayor to execute said documents. Submitted by: Submitted By:Matt Schindel Associate Engineer These construction plans have been reviewed by the Engineering Department. They appear to meet current design standards and Summary Statement: specifications, therefore they are recommended for approval by the City Council. Background Information: Page 164 of 214 i GARDNER ADDITION WATERLOO IOWA PROJECT 2020 LOCATION N "GRADING & STREET CONSTRUCTION, WATER MAIN, SANITARY INDEX OF SHEETS SEWER AND STORM SEWER" SHEET NO, DESCRIPTION A.01 TITLE SHEET MAYNl RD AVE A.02 SYMBOLS,LEGEND,AND GENERAL INFORMATION A.03 EMSTING CONDITIONS&DEMO PLAN B.01-6.02 TYPICAL DETAILS WORK AND MATERIALS SHALL BE IN ACCORDANCE WITH THE C.01.0.03 QUANTITIES AND REFERENCE INFORMATION IOWA STATEWIDE URBAN STANDARD SPECIFICATIONS FOR 0.00 OVERALL GRADING PLAN D,01 ROADWAY PLAN AND PROFILE PUBLIC IMPROVEMENTS, 2020 EDITION (SURAS) AND CITY OF D.02 PRE GRADING STORM WATER POLLUTION PREVENTION PLAN WATERLOO GENERAL SPECIFICATIONS FOR CONSTRUCTION D.� POST GRADING STORM WATER POLLUTION PREVENTION PLAN e E.01-E.02 DETAILED DETENTION GRADING AND ALSO WATERLOO WATER WORKS SUPPLEMENTAL K.01 INTERSECTION PLAN SPECIFICATIONS. L.01 CUL-DE-SAC PLAN M-00 OVERALL UTILITIES PLAN M.01-M.03 STORM WATER PLAN AND PROFILE MSA.01 SANfrARY SEWER PIAN AND PROFILE MWM.01 WATER MAIN PLAN AND PROFILE X.01-X.02 CROSS SECTIONS VICINITY MAP NOT TO SCALE At,y}�CFj l� }' WAT�LOO wtcw. Slag my a Ce" An�3 f,5yslrytllorm I hereby certify That thle enpineerinp document was Ots A7olxs G• b prepared try me or under my direct person supe eon '9 T and that 1 am o duty Ilcenrwd Prnfesslonsl Enpineer I B9 Raeenporl QQtCEk Q�`p under ttfie laws of the Slate of Iowa. dAp Q (/gI Z ti p0 Slgnaturo ante /oWA [jam Adam C.Date.,PE &n9q'.nn S�rONAL lows License Number 79579 Clapsaddle-Garber Associates,Inc My license renews dela to Pncember 37.2920 LOCATION MAP 5106 Nordic DI. Papas or eI sale covered by tt 1a ceN GC SYCtlf /w/ IA1ptEX _ j Cedar Falls,Iowa 54613 Phone 319-266-0258 Page 165 of 211""consullanls.com CGA PROJECT NO. 5787 SHEET A.01 LEGEND UTILITY COMPANIES GENERAL NOTES THE FOLLOWING UTILITIES ARE PRESENT ON THIS PROJECT EXISTING PROPOSED EXISTING PROPOSED EXISTING PROPOSED AURFONNFTWORKSERVICES PHONE NO, EMAIL 1. ALL DIMENSIONS ARE TO BACK Or CURB WHERE APPLICABLE. JEFF KLOCKO 515-830-0415 JEFF.KLOCKO@AUREON.COM EVFRGREENTREE ----W(')---- -----W----- WATERLINE ----•--- SECTIONIR.O.W.ONE 2. ALL DISTURBED AREAS,UNLESS OTHERWISE INDICATED,SHALL BE SEEDED,FERTIU2EDAND MULCHED WITHIN THE APPROPRIATE SEEDING PERIOD.SEED SHALL BE TYPE 1 LAWN MIXTURE.SEE SODAS SECTION 9010. CENTURY LINK BECiDUOUSTREE Ix] PR WATERVALVL BOUNDARYLINE 3. MAXIMUM SLOPE ALLOWED SHALL BE 3:1 WHERE APPROVED BY ENGINEER. TDM STURMER 720-578.8090 7HOMAS.STURMER@CENTURYLINK.COM r� 4. CONTRACTOR TO VERIFY EXISTING UTILITY 812ES PRIOR TO CONSTRUCTION.ENGINEER SHALLBE NOTIFIED OF ANY MCI r `�I FRUITTREE A A FIRE HYDRANT PROPERTY LINE DISCREPANCIES. DFAN BOYERS 468-866-0238 DEAN.BGYERS@VERIZON,COM 5. CONTRACTOR SHALL SUPPLY DETAILED CONSTRUCTION SCHEDULE TO PROJECT ENGINEER PRIOR TO CONSTRUCTION. 6. CONTRACTOR SHALL COORDINATE RELOCATION OF EXISTING UTILITIES,WHICH ARE TO BE PERFORMED BY OTHERS, s© SB SHHUBS(RUSHES) O © WATER MLTLR EASEMENT LINE WITH RESPECTIVE UTILRY COMPANIES. MEDIACOM 7. ALL WORK SHALL BE IN ACCORDANCEWUH OSHA CODES AND STANDARDS.NOTHING INDICATED ON THESE DRAWINGS BRIAN KADNER 846-544-9656 BKADNER@MEDIACOMCC.COM .✓w'� TREE LINE le- 41' CURB STOP - SETBACK LINE SHALL RELIEVE THE CONTRACTOR FROM COMPLYING WITH ANY APPROPRIATE SAFETY REGULATIONS. MIDAMERICAN ELECTRIC B. ONE WEEK PRIOR TO CONSTRUCTION,CONTRACTOR SHALL NOTIFY THE PROJECT ENGINEER OF THEIR INTENT TO LUKEJOHNSON 313291.4676 LRJOHNSON@MIDAMER[CAN.COM COMMENCE CONSTRUCTION. STUMP YARD HYDRANT ■ R.O.W.RAIL OR LOT CORNER 9. CONTRACTOR SHALL DISPOSE OF WASTE EARTHWORK ON-SITE,AT THE DIRECTION OF THE PROJECT ENGINEER. 10. STORMWAT£R POLLUTION PREVENTION INFORMATION INCLUDED IN THIS PLAN SET IS NOTTHF COMPLETE MIDAMERICAN GAS +1�1 SWAMP iV POST INDICATOR VALVE r• CONCRETE MONUMENT STORMWATBR POLLUTION PREVENTION PLAN(SWPPP),BUT RATHER A PART OF THE SWPPP THAT IS TO BE UPDATED MOLLY BROUWER 31&291-0737 MCBROUWEfl@MIDAMERICAN.COM REGULARLY. WATERLOO,WMSO CEMETERY ---Sanl'1-- -- San---- SANITARY SEWER LINE A A GOVERNMENT CORNER MONUMENT 11, ALL SIDEWALK AND RAMPS SHALL BE IN COMPLIANCE WITH IDWA SURAS SIDEWALK DEISGN REQUIREMENTS AND ADA LAURA MAST 319-291.4553 LAURA.WOLFF@WATERLOO-IA,pRG ACCESSABILITY GUIDELINES.FAILURE OF SIDEWALK TO MEET THESE REQUIRMENTS WILL REQUIRE REMOVAL AND © GRAVE ----SI3('I---- ----SIS---- STORM SEWER LINE • o PARCEL OR LOT CORNER MONUMENT RECONSTRUCTION AT CONTRACTOR'S COST. WATERLOO TRAFFIC BRADNON HODGIN 319-291-4440 BRANUON.HODGIN@WATERL0O4A.ORG CAVE ® MANHOLE o TEMP.CONSTRUCTION EASEMENT CORNER UTILITY NOTES WArEHLoO warEH waRKs `1 SINKHOLE m CLEANOUT SURVEY CONTROL POINT 1. PRIOR TO INSTALLING UTILITIES,CONTRACTOR SHALL EXCAVATE AND HELD VERIFY EXACT LOCATION,SIZE,AND RICK WILBERDING 313232.62&1 RIGK.WILBERDING[NWATERLOO-WORG 51t © � - ELEVATION OF ALL PUBH01PRIVATF UTILHILS WHNIN THE PROJECT LIMITS. W W DSTREAM COMMUNICATIONS y;,;� I 2. UNDERGROUND STRUCTURES,FACILITIES,AND UTILITIES HAVE BEEN PLOTTED FROM AVAILABLE SURVEYS,RECORDS, LOCATE DESK 806269-1901 LOCATE.OESK@WINDSTREAM.COM S WELL El INTAKE AND DEEDS.THEREFORE,THEIR LOCATIONS MUST BE CONSIDERED APPROXIMATE ONLY.THERE MAY BE OTHERS,THE UTILITY LINETYPES WITH A QUALITY LEVEL INDICATOR I-)HAVE BEEN LOCATED EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN. WINDMILL BEEHIVE INTAKE PFR THE FOLLOWING ASCE STANDARD GUIDELINE FOR THE COLLECTION& 3. THE CONTRACTOR SHALLCALL IOWA ONE CALL AT(600)292-0999 A MINIMUM OF 46 HOURS PRIOR TO ANY EXCAVATION. WATERLOO ENGINEERING DEPARTMENT ® ® DEPICTION OF EXISTING SUBSURFACE UTILITY DATA: IT SHALL BL THE CONTRACTOR'S RESPONSIBILITY TO VERIFY UTILITY LOCATIONS AND FLOW UNES PRIOR TO DENNIS GEN72 31&291-4312 DFNNIS.GENT2QWAT@HLOO-IA.ORG Q CISTERN 0 ® ROOF DRAIN CONSTRUCTION AND TO PROTECT ALL UTILITIES FROM DAMAGE. (A)- PRECISE HORIZONTAL&VERTICAL LOCATION OF UTILITIES OBTAINED BY NOTE: THE ACTUAL EXPOSURE(OR VERIFICATION OF PRFVIQUSLY EXPOSED& TYPICAL DEPTH OF COVER ON WATERMAiN ST SFPTICTANK © 0 ROOF BRAIN(SURFACE) SURVEYED UTILITIES)&SUBSEQUENT MEASUREMENT OF SUBSURFACEDEMOLITION TIDIES PIPE IN WATERLOO 156.0 F7. UTILITIES,USUALLY AT A SPECIFIC POINT.MINIMALLY INTRUSIVE UNDERGROUND STRUCTURES,FACILITIES,AND UTILITIES SP LP GASTANK O ROOF DRAIN(UNDERGROUND) EXCAVATION EQUIPMENT TYPICALLY USED TO MINIMIZE THE 1 THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY ACCESS OR CONSTRUCTION ACTIWTILS TO ORIGINAL HAVF BEEN PLATTED FROM AVAILABLE SURVEYS,RECORDS POTENTIAL FOR UTILITY DAA MAGE.p PRECISE HORIZONTAL&VERTICAL CONDITIONS.THIS MAY INCLUDE SCARIFYING AND RESEEDING OR OTHER RESTORATION EFFORTS AS REQUIRED. AND DEEDS.THEREFORE THEIR LOCATIONS MUST BE DOCUMENTS.ACCURACY IS TYPICALLY SETTO IS-MM VERTICAL&TO LOCATION,AS WELL AS OTHER UTILI Y ATTRIBUTES,IS SHOWN ON PIAN UNDERGROUND STORAGE TANK -- G{'j--- .--•G----- GAS LINE RESTORATION SHALL BEINCIDENTALTO THE PROJECT. CONSIDERED APPROXIMATE ONLY.THERE MAY BE OTHERS, APPLICABLE HOHI2ONTALSURVLY&MAPPING ACCURACY AS DEFINED 2. ADJOINING PROPERTY SHALL BE PROTECTED DURING DEMOLITION OPERATIONS.DEBRIS SPILLAGE ON ADJOINING THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN. Q SATELLITE DISH *4 GAS VALVE OR EXPECTED BY THE PROJECT OWNER. PROPERTIES SHALL BE CAREFULLY REMOVED BY THE CONTRACTOR. 3. ALL CONSTRUCTION DEBRIS SHALL BE REMOVED FROM SITE AND PROPERLY DISPOSED OF, SITU SIGN(TYPE AS NOTED) ® ® GAS METER (B)- INFORMATION OBTAINED THROUGH THE APPLICATION OF APPROPRIATE SURFACE GEOPHYSICAL METHODS TO DETERMINE THE EXISTENCE 8 APPROXIMATE HORIZONTAL POSITION OF SUBSURFACE UTILITIES. SHOP DRAWING SUBMITTALS P FLAGPOLE ---OH E- -ONE- OVERHEAD ELECTRICAL LINE QUALITY LEVEL B DATA SHOULD BE REPRODUCIBLE BY SURFACE GEOPHYSICS AT ANY POINT OFTHEIR DEPICTION.THIS INFORMATION IS 1, PRIOR TO CONSTRUCTION,THE CONTRACTOR SHALL SUBMITTO THE ENGINEER ALLSHOP DRAWINGS,MATERIAL a SOILBORING ----E(')---- -----E----- BURIED ELECTRICAL UNE SURVEYED TO APPLICABLE TOLERANCES DEFINED BY THE PROJECT& CERTIFICATIONS AND VENDOR MATERIALS CERTIFICATIONS FOR ALLMATERIALS TO BE INCORPORATED INTO THE REDUCED ONTO PLAN DOCUMENTS. PROJECT. e MONITORING WELL !A• POWER POLE 2. CONTRACTOR SHALL ALLOW 14 CALENDAR DAYS FOR REVIEW OF SHOP DRAMNGS,MATERIAL CERTIFICATIONS AND (D)- INFORMATION OBTAINED BY SURVEYING&PLOTTING VISIBLE VENDOR MATERIALS CERTIFICATIONS,IF REVIEW HAS NOT BEEN COMPLETED IN 14 CALENDAR DAYS,THIS SHALL NOT ABOVE-GROUND UTILITY FEATURES&BY USING PROFESSIONAL IMPLY APPROVAL,CONTACT PROJECT ENGINEER FOR SUBMITTAL STATUS. o O PARKING METER 0 ® ELECTRICAL MFTER JUDGEMENT IN CORRELATING THIS INFORMATION TO QUALITY LEVEL D 3. CONTRACTOR SHALL NOT BE COMPENSATED FOR ANY MATERIAL THAT IS INSTALLED PRIOR TO APPROVAL BY THE INFOHMATION. LNGINLER.CONTRACTOR SHALL BE RESPONSIBLE FOR ALLCOST TO REPLACE ANY NON-APPROVED MATERIALS. r MAILBOX ELECTRICAL HIGHUNF TOWER (D)- INFORMATION DERIVED FROM EXISTING RECORDS OR URAL WATER MAIN NOTES a 4f POST 9(E TRAFFIC SIGNAL q UNDERGROUND STRUCTURES,FACILITIES,AND UTILITIES 4. MATERIAL AND CONSTRUCTION TO BE IN ACCORDANCE WITH THE WATERLOO WATER WORKS ON FILE WITH THE DEPARTMENT OF NATURAL o B BOLLARD STREET LIGHT HAVE BEEN PLATTED FROM AVAILABLE SURVEYS.RECORDS RESOURCES.THE`WATERLOO MUNICIPAL WATER DISTRIBUTION STANDARDS'AND THE TEN STATE STANDARDS.'THE CONTRACTOR SHALL AND DEEDS.THEREFORE THEIR LOCATIONS MUST BE VERIFY THESE REQUIREMENTS PRIOR TO BIDDING ON THIS PROJECT.IFTHE STANDARDS CONFUCT,THE CONTRACTOR SHALLADIDE BY THE so SPRINKLER HEADj'f, 3 LUMINAIRE CONSIDERED APPROXIMATE ONLY.THERE MAY BE OTHERS, MORE STRINGENT STANDARD. THE EXISTENCE OF WHICH IS PRESENTLY NOT KNOWN. 2. ALL WATER MAIN SHALL BE CONSTRUCTED IN ACCORDANCE WITH THE WATERLOO WATER WORKS AT A 6.0 FEET DEPTH OF BURY, SPRINKLER HEAD VALVE Q� ® ELECTRICAL BOXfTRANSFORMER 3. VALVES SHALL RE LEFT HAND OPEN RESILIENT SEAT GATE VALVES.THE COST OF VALVE BOXES ARE INCLUDED IN APPLICABLE ITEMS. APPROXIMATE DEPTH OF VALVE BOXES WILL BE 7 FEET. ENGINEERS LAND SURVEYOR 4- LEAK PRESSURE TESTS WILL BE CONDUCTED IN CONFORMANCE WITH AWWAC800,AND SUPERVISED BYWATERLOO WATERWORKS. GUARDRAIL(BEAM OR CABLE) ----F01'1---- -----FO----- FIREROPTICS LINE 5. DISINFECTION WILL BE CONDUCTED IN CONFORMANCE WITH AND SUPERVISED BY WATERLOO WATER WORKS. CLAPSADDLE-GARBER ASSOCIATES 6. WATER MAIN SHALL NOT BE DEFLECTED MORE THAN 5°VERT[CALLY OR HORIZONTALLY. -K X- -X X- FENCE ® FIBER OPTICS BOX 1 fi E.MAIN STREET 7. ALLWATERMAIN SHALL BE WRAPPED WITH BLUE HIGH DENSITY CROSS LINKED,4 MIL,POLYETHYLENE WRAP IN ACCORDANCE WITH AWWA C105. MA RS HALL TOWN,IA 50458 8. SEE WATERLOO WATERWORKS DETAIL FOR HYDRANT ASSEMBLY --- - FIELDTILEF® ® FIBER PEDESTAL PHONE(641)752-6701 TILEOUTLET ----T(')---- -----7----- TFLEPHONELINE - - - ---� DRAINAGE WAY 9 _11v TELEPHONE POLE PROJECT CONTROL POINTS WATER SYSTEM SHUTDOWN NOTIFICATION - - -- - EDGE OF WATER ® TELEPHONE PEDESTAL CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING WATER MAIN SHUT DOWNS WITH ANY AFFECTED CUSTOMERS AND NUMBER NORTHING EASTING ELEVATION SILT FENCE ❑T TELEPHONE BOX WATERLOO WATER WORKS AT LEAST 46 HOURS PRIOR TO SHUTDOWN TO MINIMIZE SERVICE DISRUPTIONS.SHUT GOWNS MAY HAVE TO T 14 8847664.77 15461138.37 927.01 BE COMPLETED DURING NON TRADITIONAL HOURS DEPENDING ON THE NEEDS OF THE AFFECTED CUSTOMERS.NO ADDITIONAL _ 90254 6947949.16 15460905.47 935.70 COMPENSATION WILL BE PROVIDED TO THE CONTRACTOR FOR WORK g_� CONTOUR LINE ® ® CABLE TELEVISION LINE 90607 BB47635.45 15460473.10 9311.35 o �� &stp SPOTELEVATION ----TVI'y---- ----TV---- TELEVISION PEDESTAL TELEVISION BOX 0 AIR CONDITIONER a ifl OWA ONE CALL 1-800-292-8989 www.iowooneo011.Com ��a t TIO. REVISIDN BY DATE NO. REVISION BY DAIE ClapsaJN.�Ga�b:�Assneiaace Inv DESIGNED: DATE- PROJECT NO } 5106 ° R'IAW/NI� DATE: GARDNER ADDITION SYMBOLS, LEGEND, AND 5797 ' 1'66 of PPHOVF: DATE: GENERAL INFORMATION A.02 • s APPROVFU: DATE, WATERLOO,IOWA -- - - - - 15'RCP FL OUT:927.93 O7 N EXISTING CURB CUT& rb,SIM I � GUTTER REMOVAL 15 LF mum"'2rc I - MAYNARD AVE - - _ Storm A.II Cc ncIrle ffl I - rrplls:.kall W -Intake �;aL- _--_�elm srta ---_.rwOs fltA1 EL 93205 n n are2acl ——— — GRAVEL DRIVEWAY— 15'ACP FL IN{WI:927.62 .I I AIM EL'933.19 - 15'NCP R IN IU):927.55 = REMOVAL 16 SY z 15"RCP FL OUT:S29.59 iP FL Intake .' 15"RC OUT(SEf 927.45 W In-e I - _ - RIM E1:933,V _ . + . yA1------'^pII--- —>hul----- - --rinl_----1gol-- ---sU ---,�-wwl— ---NSTtr—.— 'I Cc 10'RCPF,4US:92UA5 # C`- __—��' - -� g - _ �}_ _ 13'NCP FI OUT:928,9fi� 15'NCP FL kN:929.10 I I - - _ _. _ tl _ 9 f\ I'?'H 1 U`RGr FL 0uT:927.9U _ _ I® RELOCATE GUY WIRES _ I I -i AND UTILITY POLE AS , T �� ?'HCP FL IN{i85'J.927,18 SIamIAIN + 12'ACP FL {E1:926.49 1G'RCP FL IN1' 927.75 I i, NEEDED. ,s'RCP FL IN{SI:sz7.5o CONTRACTOR SHALL 1A'RCPFLu+{E7:927.75 I I COORDINATE WITH UTILITY } 18'PCP FL OUT IN): 20 - .ane I j I ITY COMPANY. (BY OTHERS) f f UNDISTURBED AREA 3 ` L RELOCATE UTILITY POLE AS l NEEDED.CONTRACTOR SHALL I I I I I COORDINATE WITH UTILITY COMPANY.(BY OTHERS) IDISTURBED AREA , } EXISTING PAVEMENT TOTAL AREA=3.05 AG REMOVAL 60 SY I I rk 1 4 L V 1 — f I I s�c i I _ TREES ALONG THIS AREA II SHALL ONLY REMAIN IN PLACE SHOULD CONTRACTOR AND DEVELOPER RECEIVE APPROVAL FROM THE CITY TO INSTALL THE SIDEWALK CLOSER TO THE BACK OF CURB TO ROUTE AROUND y ` THE MATURE TREES. h xl F - �. 1O'RCPFi CUT;932.771 SloIm AIHk- tB'ACP FL IN{Vq:932.&3 15'RCPFLIN(5}',932.48— I 10'RLPFLGUT.M29 UTILITY POLE SHALL 5°RRCP F-CP F_ou pga32ai— I r \� c -'BE RELOCATED(BY OTHERS). _ s cnlP CONTRACTOR SHALL COORDINATED was,s�r I..x �3 I--' FL'936.49 I 1r WITH THE RESPECTIVE UTILITY COMP, UNDISTURBED AREA / JJI 0 i EXISTING SIDEWALK IREMOVAL 7SY z - w -,'- fr 1nd'+e - ` NO. REVISION BY BATE 116. pE1151611 BY WE Clapsaddlc-Gar6.�Ass«fetrs,lnr DESIGNED: - DATE: — PRA.EECTNO- BPAPHILRLM1IF ' n: GARDNER ADDITION yy}� BATE: — EXISTING CONDITIONS & 5T8� 4d Be 12B M-t67 of CRED:�.r DATE — DEMOLITION PLAN SHEFF III) APPROVED: -- nnTe-- WATERLOO, IOWA A.03 PROPOSED GRADE LINE 60.0'ROW 14.5' 31.0'BACK 1 BACK 14.5' 15,5' 15.5' 3.0' 12.6 12.5' 3.0' ARfE'S _ �-9 2.0' V PA15 5 2.%SLOPE 2%SLOPE 2%SLOPE 2%SLOPE 9 CURB&GUTTER VAp`�E 6°STANDARD POROUS BACKFILL 1.5"SURFACE COURSE 1.5°INTERMEDIATE COURSE r 3"BASE COURSE POROUS BACKFILL PERFORATED W SUBDRAIN 't g"MODIFIED SUBBASE (SEE NOTE 1) PERFORATED W SUBDRAIN TYPICAL SECTION AND NOTES (SEE NOTE 4) L� NoT M scu.e 1. GRANULAR SUBBASE SHALL CONFORM TO SECTION 2010 IN THE 2020 IOWA 5. COARSE AGGREGATE SHALL HAVE CLASS 3 DURABILITY. STATEWIDE URBAN DESIGN AND SPECIFICATIONS. 6. BACKFILL ADJACENT TO CURB IS INCIDENTAL TO CLASS"10°EXCAVATION. 2. GRANULAR SUBBASE SHALL EXTEND TWO FEET BEYOND THE BACK OF CURB. STANDARD SPECIFICATIONS 7. SEE X-SHEETS FOR CROSS SECTIONS AND D-SHEETS FOR GRADING PLANS AND The following SUDAS Figures apply to work on this project 3. ALL TIE BARS SHALL BE EPDXY COATED. ADDITIONAL INFORMATION. Number Specification Title 4. POROUS BACKFILL SHALL BE INCIDENTAL TO LONGITUDINAL SUBDRAIN. 3010.101 SUDAS TRENCH BEDDING AND BACKFILL ZONES INSTALLATION DEPTH SHALL BE 2.51,FROM BOTTOM OF PAVEMENT,TO THE FLOWLINE, 3014.1 p2 SUDAS RIGID GRAVITY PIPE TRENCH BEDDING SEE TABULATION ON C SHEETS FOR MORE DETAILS.SUBDRAIN SHALL BE CASE B, TYPE1, ALL SUBDRAIN INSTALLATION MATERIALS SHALL CONFORM TO THE 2020 IOWA 3010.103 SUDAS FLEXIBLE GRAVITY PIPE TRENCH BEDDING STATEWIDE URBAN DESIGN AND SPECIFICATIONS(SUDAS). 3010.104 SUDAS PRESSURE PIPE TRENCH BEDDING 4010,201 SUDAS SANITARY SEWER SERVICE STUB 401D.203 SUDAS SANITARY SEWER CLEANOUT HYDRANT ASSEMBLY 4020.211 SUDAS STORM SEWER PIPE CONNECTIONS Hydrant flag shall be a RoDon 430,222 SUDAS CIRCULAR CONCRETE APRONS NOTES: 5-foot Hydrafinder with flat 1. WATERLOO,IA SPECIFICATIONS WATEROUS WB-67 AND CLOW MEDALLION HYDRANTS WITH FACTORY 4040.231 SUDAS SUBDRAINS bracket,or approved equal. ® APPLLIED EPDXY 4040.233 SUDAS SUBDRAIN OUTLETS PAINT IN SAFETY BLUE,WITH FIBERGLASS FLAGS,AND WITHOUT CHAINS,ARE REQUIRED. 5010,101 SUDAS THRUST BLOCKS 2, INSTALL TRACER WIRE AS SHOWN ON DRAWING. 3. APPLY POLYETHYLENE ENCASEMENT ON PIPE,VALVE,VALVE BOX,FIRE HYDRANT,AND FITTINGS. 5010.102 SUDAS TRACER SYSTEM Extend tracer wire(s)up Tracer Wire 4, ALL ITEMS OF WORK SHOWN ON THIS DETAIL,INCLUDING THE ANCHOR TEE AND THRUST BLOCKS, 5010.901 SUDAS MIN.CLEARANCE BETWEEN WATER SERVICE&STRUCTURE Access Box(Use Adjustable height ARE TO BE INCLUDED 1N THE HYDRANT ASSEMBLY BID ITEM. 6010,301 SUDAS CIRCULAR SANITARY SEWER MANHOLE model by VALVCO or approved equal). 5. USE GRADELOK,OR APPROVED EQUAL,HYDRANT SWIVEL TO MEET SPECIFIED TOLERANCE Cover to be stamped°WATER°. BETWEEN BOTTOM OF FLANGE AND FINISH GRADE. 6010.306 SUDAS CHIMNEY SEALS FOR SANITARY SEWER MANHOLES SLOPE AS \ 1 Distance between bottom of flange &010.401 SUDAS CIRCULAR STORM SEWER MANHOLE PER PLANS j 2"SURFACE COURSE and finished grade is 3 Inch+1.1 Inch Finished rade 6010.507 SUDAS SINGLE OPEN-THROAT CURB INTAKE,SMALL BOX - 2.5"INTERMEDIATE COURSE 6010.509 SUDAS DOUBLE OPEN-THROAT CURB INTAKE,SMALL BOX 6010.510 SUDAS DOUBLE OPEN-THROAT CURB INTAKE,LARGE BOX 7"PCC 6010,512 SUDAS CIRCULAR AREA INTAKE 6010.641 SUDAS CASTINGS FOR SANITARY SEWER MANHOLES 7"GRANULAR --Road box(adjust to grade) 6010.602 SUDAS CASTINGS FOR STORM SEWER MANHOLES SUBBASE Tracer wire- 7010.101 SUDAS JOINTS (MINIMUM) 7010.102 SUDAS PCG CURB DETAILS _ - - As required u -rl Water main trench walls 7010.103 SUDAS MANHOLE BOXOUTS IN PCC PAVEMENT TOP 12°OF SUBGRADE Cover with polyeOTytene sheet 7010.901 SUDAS PCC PAVEMENT JOINTING SHALL BE COMPACTED TO Pea gravel or 1'clean rock Anchoring tee 7030.201 SUDAS CLASSES OF SIDEWALK 95%STANDARD PROCTOR DENSITY(SPD)2.0'BEYOND Concrete thrust block Hydrant swivel shall be 7030.204 SUDAS GENERAL FEATURES OF AN ACCESSIBLE SIDEWALK EDGE OF PAVEMENT poured against un- GTadelok ora roved equal Water main 7030.205 SUDAS GENERAL SIDEWALK AND CURB RAMP DETAILS ovehdisturbed roll.Du ra not � pp q -Gate valve ver hydrant drain Concrete thrust block 7030.206 SUDAS CURB RAMPS OUTSIDE OF INTERSECTION RADIUS COINPOSITEIULLDEPTHPATCN ales ortracer v€res poured against un- ' - --- - "-- _ disturbed oil 7030.207 SUDAS CURB RAMPS FOR CLASS B OR C SIDEWALK nbrTo scus _ .. 7034.21 I SUDAS DETECTABLE WARNING PLACEMENT a ° di bed s 9040.102 SUDAS FILTER BERM AND FILTER SOCK _ 9040.105 SUDAS WATTLE solid 9444.106 SUDAS CHECK DAM SPACING -- concrete ° block fi 9040.107 SUDAS ROCK CHECK DAM 9040.110 SUDAS RIP RAP FOR PIPE OUTLET ONTO FLAT GROUND 9044.111 SUDAS RIP RAP FOR PIPE OUTLET ONTO CHANNEL � PIRE HYDRANT ASSEMBLY U NOl TO SCNE 9040.119 SUDAS SILT FENCE 9040.120 SUDAS STABILIZED CONSTRUCTION ENTRANCE N0_1 REWSION I BY ©ATE tJO. RNMN BY 17AIL l'tepssddlr-Garber Ans�e[a�es,lce OESIONED: -- DATE: --- PROJECTNO. siosrmeen N ❑ATE: -= GARDNER ADDITION 5767 " � X68 of X.D - [)ATE -_. TYPICAL DETAILS SHt>1NR. x ���s APPROVFa. QATe - WATERLOO,IOWA 8,01 TZ BACK OF CURB 1 421 R 3" 2'(MAX.) \ GUTTERLINE SLOPE AS FORM 6" PER PLANS GRADE TOP OF WATER ELEV. LEVEL,/---- 3" m NORTH WEST POND WATER QUALITY DETAIL DETENTION R LINE norroscn� BERM=935' DROP CURB AT SIDEWALK 2 2 EROSION DETENTION 6"INTEGRAL CURB SIDEWALK DROP CURB EROSOINE BERM STONE nor To scnLe U nor ro scue DETENTION ''{�/�y yy�{}\ ♦//{\�\/�\.a\,�\i��i,�,�/�`� r/�/�\�i�\�\�{�ili�i,\\�`li�;/%�/i�\/\ /\\/ \{r i/\\ri,/i`\ . \/ �1/i. .�il/Zri,/r •/a ♦ / / Z-6'(OR AS SPECIFIED) TOP OF WATER PROPOSED GRADING QUALITY BERM�931.71' 72" 3"PVC TO PREVENT BERM TO BE 8°HDPE 1. • CLOGGING AT FLOWLINE CONSTRUCTED DETENTION 4 R3 2 OF DETENTION BASIN OF CLAY BASIN OUTLET SLOPE AS 1. FORM 6" PER�PLANS 8 GRADE TOP OF WATER � DETENTION ELEV. EXISTING OB NORTH EAST WATER QUALITY DETAIL BERM=932' PAVEMENT....... nor rO scar rn 2 EROSION DETENTION EROSION BERM STONE STONE O6 6"STANDARD CURB nor Ta scn� . DETENTION PROPOSED GRADING TOP OF WATER QUALITY BERM 930.31' 3"PVC TO PREVENT BERM TO BE 8°HDPE DETENTION CLOGGING AT FLOWLINE CONSTRUCTED BASIN OUTLET sER UD DUAIL OF DETENTION BASIN OF CLAY LID DETAIL CAST IRONTEE DETENTION STOP BOX WITH 70P WATER STNNLESS STEELSHUT-OFF ROD. �--(U�� LOCATED 5'INSIDE PROPERTY ONE 00 SOUTH EAST WATER QUALITY DETAIL BERM-935.3' NOT rO SCAIE 14-COPPER BRASS CD RB STOP WITH DANN AND WATER SERVICE PIPING COMPRESSION CONNECTIONS 2 1 2 EROSION DETENTION EROSION BERM WATER MAIN STONE STONE {TYPICALL DETENTION DRAS$CORPORATION.T CpMPREssIDN CHREADED INLET. / \ \ //Y �/\/\ter{'� �// � (\� //\/�\ \% \�/�}�/}\♦\i f{r f/ G o UTT.LE /\/\l /\/ /f\/\\//�j\\j//\\/Q j/\/Q j//�j\\ \/\\/,�\`\ ,\♦/ /\\/�\�\/ \\T\\/\\/ / �\�\�'\\/\\�\/\\ MIN.DISTANCE OF 7S"FROM \ \ \\\,\\\ \,�\�\�S♦r,\; ,�\��\� /��y�\ �\�\\�\;�\�\'���\ \\/'\�/�\/��`✓y, / /\\///\y �,\ \/��</'�/�\� /\r> CLEAN GRANULAR '\/\ /♦\/�//\ //♦\//�i(1/ �/,/\\\/�\\//\ /�/\ \ \\ \ Y�\'l•�//.�!�C'.C;� /�✓�!/\/\ \//Y\ \ \/ /�\�,[�r o P;PEBELL OR OTHER CORPORATION _V^ PROPdSED GRADING TOP OF WATER WATER MAIN GAN RE DIRECT TAPPED POR SERMDES I°AND UNDER. 3"PVC TO PREVENT QUALITY BERM=933.38' SERVIGES OVER I•HEOUIRE DOUBLE STRAP SADDLES BERM TO BE 8"HOPE DETENTION CLOGGING AT FLOWLINE CONSTRUCTED BASIN OUTLET z OF DETENTION BASIN OF CLAY WATER SERVICE DETAIL hOT ro SO— RO. REVkSIDY BY DATE ND. RE4351011 BY DATE Ciapsaddlr-c epernssne�aics,Inr DESIGNED: — DATE: ---- PADJECT 110_ 5,�n �o Ay(N: DATE: — GARDNER ADDITIONfAMTYPICAL DETAILS $H FT5D787 ,'$9 ofEE�cD: --- DATE. ---- WATERLOO IOWA e.oz .�� � APPROVED: - DATE: DIVISION 1 BASE BID PROJECT QUANTITIES ITEM NO. ITEM UNIT TOTAL AS-BUILT ITEM NO. ITEM UNIT TOTAL AS-BUILT SECTION 7-STREETS AND RELATED WORK SECTION 2-EARTHWORK 7.01 PAVEMENT,HMA,BASE COURSE,3.0",ST,3/"MIX,PG 58S-28.60%CR SY 2,425 2.01 CLEARING AND GRUBBING I-S 1 7,02 PAVEMENT,HMA,INTERMEDIATE COURSE,1.5',ST,W MIX,PG 585-28,60%CR SY 2,425 2,02 TOPSOIL,ON-SITE CY 3,100 7.03 PAVEMENT,HMA,SURFACE COURSE,1.5',ST,X'MIX,PG 58S-28,60%CR SY 2,425 2.03 EXCAVATION,CLASS 10 CY 6,500 7.04 FULL DEPTH PATCH,COMPOSITE(4,5'HMA,7-PCC) SY 60 2.04 SUBGRADE PREPARATION,12' SY 2,700 7.45 CURB AND GUTTER,2-6,6' LF 1,333 2.05 SUBBASE,MODIFIED,B' SY 2,700 7.06 SIDEWALK,PCC,4' SY 160 SECTION 4-SEWERS AND DRAINS 7.07 SIDEWALK,PCC 6' SY 5 4.01 SANITARY SEWER GRAVITY MAIN,TRENCHED,PVC TRUSS,8' LF 566 7,08 DETECTABLE WARNING PANELS SF j 16 4.02 SANITARY SEWER SERVICE,TRENCHED,PVC,4' LF 896 7,09 PAVEMENT REMOVAL SY 72 4.03 STORM SEWER,TRENCHED,HDPE,B" LF 141 7.10 SIDEWALK REMOVAL SY 7 4.04 STORM SEWER,TRENCHED,GASKETED RCP,15" LF 206 7,11 GRAVEL DRIVEWAY REMOVAL SY 16 4,05 SUBDRAIN,HDPF,6' LF 1,150 SECTION e-TRAFFIC CONTROL 4.06 SUBDRAIN CLEANOUT EA 4 8.01 TEMPORARY TRAFFIC CONTROL LS 1 4.07 PIPE APRON,CMP,8' EA 3 SECTION 9-SITE WORK AND LANDSCAPING 4.08 PIPE APRON,RCP,15' EA 4 9.01 CONVENTIONAL SEEDING,FERTILIZING,AND MULCHING AC 6.5 4.09 SUMP PUMP SERVICE,HDPE,4' LF 374 9.02 RIP RAP,CLASS D TON 130 SECTION 5-WATER MAINS AND APPURTENANCES 9.03 FILTER SOCK(INSTALLATION,MAINTENANCE AND REMOVAL) LF 454 5.01 WATER MAIN,TRENCHED,DIP,8' LF 590 9.04 SILT FENCE(INSTALLATION,MAINTENANCE AND REMOVAL) LF 3,000 5.02 WATER MAIN,TRENCHED,DIP,6' LF 10 9.05 INLET PROTECTION DEVICE(INSTALLATION,MAINTENANCE AND REMOVAL) EA 7 5.03 WATER SERVICE,TRENCHED,COPPER,314" LF 600 9.06 CONSTRUCTION ENTRANCE(INSTALLATION,MAINTENANCE AND REMOVAL) EA 1 5.04 CONNECTION TO EXISTING WATER MAIN EA 1 9,07 STRAW MATTING(INSTALLATION AND MAINTENANCE) SY 2,100 5.05 FITTING,TEE,B"x 8'x 6' EA 2 9.08 WATER QUALITY CONTROL BERM EA 3 5.06 FITTING,REDUCER,8'x 6' EA 2 SECTION 11-MISC. 5.07 VALVE,MJ GATE,6' EA 1 11.01 MOBILATION LS 1 5.08 VALVE,MJ GATE,W EA 1 5.09 FITTING,22.5"BEND,S' EA 4 5,10 FITTING,45'BEND,W EA 2 5.11 TAPPING SLEEVE AND VALVE,G' EA 1 5.12 FIHE HYRDRANT ASSEMBLY EA 2 5.13 DEAD END FIRE HYDRANT ASSEMBLY EA 1 SECTION 6-STRUCTURES FOR SANITARY AND STORM SEWERS 6.01 MANHOLE,SANITARY,SW-301,48" EA 2 6.02 MANHOLE,SANITARY,SW-303,4W EA 1 6.03 INTAKE,SW-507 EA 3 E �i NO. REmsbl By okT< "mSiell BY DATE „�"", „�A. ,.,� DE3KMF0: - DATE GARDNER ADDITION ESTIMATE OF QUANTITIES AND �"aE5787 si�oa rIt1 rmmkm A�1q/1ry _ rte,si '170 Of O0 - DATE. - APP"OVEN: --- DATE: WATERLOO,IOWA REFERENCE INFORMATION 5"EC01 ESTIMATE REFERENCE INFORMATION ITEM NO. GENERAL INFORMATION 2.01 REFER TO SUDAS SECTION 2010.REMOVAL AND DISPOSAL OF ALL MATERIALS AND PLACEMENT OF BACKFILL IN AREA WHERE ROOTS HAVE BEEN REMOVED AND FENCE REMOVAL/REPLACEMENT IN TREE AND BRUSH AREAS AS INDICATED ON THE PLAN SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE AS A LUMP SUM BID ITEM. REFER TO SUDAS SECTION 2010.THIS ITEM SHALL INCLUDE THE STRIPPING,STOCKPILING,AND SPREADING OF TOPSOIL TO AN 8"DEPTH,ON-SITE TOPSOIL SHALL BE AUGMENTED WITH OFF-SITE TOPSOIL IF NEEDED.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER QUANTITY SHOWN ON THE PLANS. 2.02 TOPSOILSTRIPISALVAGE(8�:3,100CY TOPSOIL RESPHEAD(8'):2,500 CY WASTE:600 CY REFER TO SUDAS SECTION 2010.SITE PREPARATION FOR,AND THE CONSTRUCTION OF,EMBANKMENT,FILLS,SHOULDER BACKFILL,AND BACKFILL BEHIND CURBS,OVERHAUL,FINISHING THE SOIL SURFACE,INCLUDING ROADWAYS,SHOULDERS,BEHIND CURBS,SIDE DITCHES,AND SLOPES SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.METHOD OF MEASURFMFNT AND PAYMENT SHALL BE PLANNED QUANTITY AS SHOWN ON THIS SHEET. 2,03 CUT:6,500 CY FILL+30%:4,500 CY WASTE:2,000 CY 2.04 REFER TO SUDAS SECTION 2010.EXCAVATING,MANIPULATING,REPLACING,COMPACTING,AND TRIMMING TO THE PROPER GRADE SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE YARD OF SUBGRADE PREPARED. 2.05 REFER TO SUDAS SECTION 2010.FURNISHING,PLACING,COMPACTING,AND TRIMMING TO THE PROPER GRADE SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE YARD OF SUBBASE PLACED. 4.01-A.02 REFER TO SUDAS SECTION 4010.TRENCH EXCAVATION,DEWATERING,FURNISHING BEDDING MATERIAL,PLACING BEDDING AND BACKFILL MATERIAL,WYES AND OTHER FITTINGS,PIPE JOINTS,PIPE CONNECTIONS,TESTING,AND INSPECTION SHALL BE CONSIDERED INCIDENTALTO THIS 131D ITEM.SANITARY SEWER SERVICES SHALL BE SDR 23.5 TYPE PIPE.BEDDING CLASS SHALL BE F-3 FOR SANITARY SEWER PIPE,METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT OF PIPE INSTALLED. REFER TO SUDAS SECTION 4020.ALL STORM SEWER SHALL BE GASKETED.TRENCH EXCAVATION,DEWATERING,FURNISHING BEDDING MATERIAL,PLACING BEDDING AND BACKFILL MATERIAL,GASKETED PIPE,WYES AND OTHER FITTINGS,PIPE JOINTS,PIPE CONNECTIONS,TESTING,AND INSPECTION SHALL BE 4.034.04 CONSIDERED INCINDETAL TO THIS BID ITEM.ALL STORM SEWER CROSSING WATER MAIN SHALL BE GASKETED STORM SEWER,BEDDING CLASS SHALL BE 8-2 FOR RCP STORM SEWER.SUBDRAIN CONNECTIONS TO INTAKES SHALL BE CONSIDERED INCIDFNTALTO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT OF STORM SEWER INSTALLED. 4.05-4.OS REFER TO SUDAS SECTION 4040.TRENCH EXCAVATION,FURNISHING AND PLACING BEDDING AND BACKFILL MATERIAL,INTAKE CONNECTORS,CAPS,PIPE COUPLERS,AND ELBOWS AND TEES SHALL BF CONSIDERED INCIDENTAL TO THIS BID ITEM.THIS LINEAR FEET INCLUDES SUBDRAIN OUTLETS INTO STRUCTURE. SUBDRAIN SHALL BE SUDAS TYPE-1(A,B,OR C)REFER TO SUDAS 2.02.CLEANOUTS SHALL BE TYPE A-1 CLEANOUTS UNLESS OTHERWISE APPROVED BY ENGINEER.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT OF SUBDRAIN INSTALLED AND PER EACH CLEANOUT INSTALLED, 4.07-4.08 REFER TO SUDAS SECTION 4030.TRENCH EXCAVATION,DEWATERING,FURNISHING BEDDING MATERIAL,PLACING BEDDING AND BACKFILL MATERIAL,CONNECTORS,APRON FOOTINGS,AND OTHER APPURTENANCES SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.RCP APRONS SHALL HAVE 3 TIED JOINTS AT CONNECTION POINT TO RCP PIPE.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER EACH APRON INSTALLED, THIS BID ITEM SHALL INCLUDE THE 6"X 4"SERVICE WYE TO TAP THE PROPOSED W SUBDRAIN AND RUN A 4"NON-PERFORATED SERVICE 5 FEET INTO THE LOT.THE 6'X 4'WYE,TEE CONNECTION TO THE SUBDRAIN,ADDITIONAL FITTINGS,TRENCHING,BACKFILL,4'NON-PERFORATED ADS PIPE,4"SOLID CAP,EQUIPMENT, 4.09 LABOR,AND MATERIALS SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.SERVICE TAP AT THE WYE AND FACTORY MADE CAP SHALL BE A WATER TIGHT CONNECTION FOR FUTURE CONNECTIONS BY HOME BUILDERS.ALL CONNECTIONS TO SUBDRAIN SHALL BE MADE WITH A FACTORY MADE WYE FITTING.SUMP PUMP SERVICES SHALL BE RUN AT A MINIMUM 1%TO MAINTAIN FALL FROM THE STUB OUT TO THE SUBDRAIN CONNECTION.REFER TO TABULATION ON C SHEETS FOR ADDITIONAL INFORMATION AND LOCATION OF SUMP PUMP TAPS AND SERVICES.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FEET OF 4'SERVICE INSTALLED. REFER TO SUDAS SECTION 5010.TRENCH EXCAVATION,DEWATERING,FURNISHING BEDDING MATERIAL,PLACING BEDDING AND BACKFILL MATERIAL,TRACER SYSTEM,TESTING,DISINFECTION,AND POLYETHYLENE WRAP FOR DUCTILE IRON PIPE AND FOR FITTINGS SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM. 5.01-5.03 WATER MAIN SHALL BE CLASS 52 DUCTILE IRON PIPE.FOAM INSULATION ALONG BACK OF STORM INTAKE BETWEEN THE INTAKE AND WATER MAIN SHALL BE CONSIDERED INCIDENTALTO THIS BID ITEM.FOAM INSULATION SHALL BE 2"MINIMUM THICKNESS AND SPAN THE LENGTH OF THE INTAKE BOX FOR A FROST BARRIER BETWEEN THE INTAKE AND WATER MAIN.BEDDING CLASS SHALL BE P-3 FOR ALL WATER MAIN PIPE.CORPORATION TAP,CURB STOP,EXTENSIONS,CURB STOP BOX,AND ADJUSTMENTS TO FINISHED GRADE SHALL RE INCIDENTALTO THIS BID ITEM.ANY SHUT DOWNS NECESSARY SHALL BE COORDINATED WITH WATERLOO WATER WORKS.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT OF WATER MAIN AND SERVICES INSTALLED, REFER TO SUDAS SECTION 5010 FOR FITTINGS AND SECTION 5020 FOR VALVES.RESTRAINED JOINTS AND THRUST BLOCKS SHALL BE REQUIRED WITH ALL FITTINGS.ALL VALVE COMPONENTS,VALVE BOXES,BOX EXTENSIONS,AND ALL LABOR AND MATERIALS TO INSTALL FITTINGS AND VALVES SHALL BE CONSIDERED 5.04-5.11 INCIDENTAL TO THIS BID ITEM.ANY NECESSARY SHUT DOWNS DURING WATER MAIN CONNECTION SHALL BE COORDINATED WITH WATERLOO WATER WORKS.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER EACH WATER MAIN CONNECTION(1)AND FITTING AND VALVE INSTALLED. 5.12.5.13 REFER TO SUDAS SECTION 5020.THE FIRE HYDRANT,BARREL EXTENSIONS SUFFICIENT TO ACHIEVE PROPER BURY DEPTH OF ANCHORING PIPE AND HEIGHT OF FIRE HYDRANT ABOVE FINISHED GRADE,AND COMPONENTS TO CONNECT THE FIRE HYDRANT TO THE WATER MAIN,INCLUDING ANCHORING PIPE,FITTINGS, THRUST BLOCKS,PEA GRAVEL OR POROUS BACKFILL MATERIAL,AND FIRE HYDRANT GATE VALVE AND APPURTENANCES SHALL BE CONSIDERED INCIDENTALTO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER EACH FIRE HYDRANT ASSEMBLY INSTALLED. 6.01-6.02 REFER TO SUDAS SECTION 6010.EXCAVATION,FURNISHING BEDDING MATERIAL,PLACING BEDDING AND BACKFILL MATERIAL,COMPACTION,BASE,STRUCTURAL CONCRETE,REINFORCING STEEL,PRECAST UNITS(IF USED),INFILTRATION BARRIERS(SANITARY SEWER MANHOLES ONLY),CASTINGS,AND ADJUSTMENT RINGS SHALL BE CONSIDERED INCIDENTAL.TO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER EACH STRUCTURE INSTALLED. REFER TO SUDAS SECTION 6010.EXCAVATION,FURNISHING BEDDING MATERIAL,PLACING BEDDING AND BACKFILL MATERIAL,COMPACTION,BASE,STRUCTURAL CONCRETE,REINFORCING STEEL,PRECAST UNITS(IF USED),SUBDRAIN CONNECTORS AND MATERIALS NECESSARY FOR CONNECTIONS(STORM INTAKES), 6.03 CASTINGS,AND ADJUSTMENT RINGS SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.2"RIGID FOAM INSULATION SHALL BE INSTALLED BETWEEN STORM INTAKES AND THE WATER MAIN,INSULATION SHALL RF CONSIDERED INCIDENTALTO THE WATER MAIN INSTALLATION.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER EACH STRUCTURE INSTALLED. 7.01 REFER TO SUDAS SECTION 7020,MIX DESIGN FOR BASE COURSE SHALL BE 314',PG-58-28S TRAFFIC MIX DESIGN.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE YARD OF 3'BASE COURSE PLACED. 7.02 REFER TO SUDAS SECTION 7020.MIX DESIGN FOR INTERMEDIATE COURSE SHALL BE 112,PG-58-28S.TRAFFIC MIX DESIGN.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE YARD OF 1.5"INTERMEDIATE COURSE PLACED, 7.03 REFER TO SUDAS SECTION 7020.MIX DESIGN FOR SURFACE COURSE SHALL BE 112',PG-58.285 TRAFFIC MIX DESIGN.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE YARD OF 1.5'SURFACE COURSE PLACED. REFER TO SUDAS SECTION 7010.FINAL TRIMMING OF SUBGRADE OR SUBBASE,PCO CURB,PAVEMENT,SUBBASE,SUBGRADE PREPARATION,BARS AND REINFORCEMENT,JOINTS AND SEALING,PAVEMENT PROTECTION,SAFETY FENCING,CONCRETE FOR RIGID HEADERS,AND BOXOUTS FOR FIXTURES SHALL SE 7.04-7.07 CONSIDERED INCIDENTAL TO THIS BID ITEM.REFER TO THE DETAIL ON THE B SHEETS FOR ADDITIONAL INFORMATION.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE YARD OF PAVEMENT INSTALLED FOR 7.04&7.06.7.07.MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT FOR CURB AND GUTTER INSTALLED,7.05. 7.08 REFER TO SUDAS SECTION 7030.THIS BID ITEM INCLUDES SIDEWALK RAMPS AT INTERSECTIONS,TRAIL REPLACEMENT ALONG GREENHILL ROAD,AND SIDEWALK ALONG DRAINAGE AND STORM WATER TRACTS.SUBGRADE PREPARATION,SUBBASE,AND PAVEMENT SHALL BE INCIDENTALTO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE FOOT OF DETECTABLE WARNING PANEL INSTALLED. 7.09-7.10 REFER TO SUDAS SECTION 7040.THIS BID ITEM INCLUDES REMOVAL OF PAVEMENT FOR SANITARY SEWER CONNECTION AND REMOVAL OF TRAIL PAVEMENT TO INSTALL STORM SEWER ON GREENHILL ROAD.SAWCUTTING,STREET AND SHOULDER PAVEMENT REMOVAL,DISPOSAL OF PAVEMENT OFF-SITE,LABOR,AND EQUIPMENT TO REMOVE PAVEMENT AT STREET TIE IN SHALL BE CONSIDERED INCIDENTAL TO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER SQUARE YARD OF TRAIL,AND STREET PAVEMENT REMOVED. 7.11 REFER TO SUDAS SECTION 7040,THIS BID ITEM INCLUDES REMOVAL OF THE GRAVEL DRIVE TO ELIMINATE ACCESS TO MAYNARD RD FROM SITE,THE TRANSPORTATION AND DISPOSAL COSTS ARE CONSIDERED INCIDENTAL TO THIS PAY ITEM. 8.01 REFER TO SUDAS SECTION 9030.ALL TRAFFIC CONTROL SHALL COMPLY WITH MUTCD GUIDELINES AND BE MAINTAINED AND VISIBLE AT ALLTIMES DURING PROJECT.METHOD OF MEASUREMENT AND PAYMENT SHALL BE AS A LUMP SUM ITEM. 9 of REFER TO SUDAS SECTION 9010.REMOVAL OF ROCK AND OTHER DEBRIS FROM THE AREA;REPAIRING RILLS AND WASHES;PREPARING THE SEEDBED;FURNISHING AND PLACING SEED,INCLUDING ANY TREATMENT REQUIRED,FURNISHING AND PLACING FERTILIZER AND MULCH SHALL BE CONSIDERED INCIDENTALTO THIS BID ITEM.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER ACRE OF SEEDING,FERTILIZING,AND MULCH. 9.02 REFER TO SUDAS SECTION 9040.ENGINEERING FABRIC TO RF INSTALLED ON GROUND SURFACE PRIOR TO PLACEMENT OF RIP RAP.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER TON OF RIP RAP INSTALLED AS SHOWN ON THE M SHEETS, REFER TO SUDAS SECTION 9040.BID ITEM PRICE SHOULD REFLECT THE INCLUSION OF,INSTALLATION OF DEVICE,ANCHORING STAKES,REMOVAL OF SEDIMENT,AND REMOVAL OF DEVICE. THIS BIO ITEM SHALL ALSO ACCOUNT FOR POSSIBLE REPLACEMENT OF THE DEVICE IF IT BECOMES COMPROMISED. AFTER THE 9.03 DEVICE HAS BEEN REMOVED,CONTRACTOR SHALL COMPLETE RESTORATION OF THF AREA TO FINISHED GRADE AND OFF-SITE DISPOSAL OF FILTER SOCK,STAKES,AND ACCUMULATED SEDIMENT.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT OF FILTER SOCK INSTALLED,MAINTAINED,AND REMOVED. 9.04 REFER TO SUDAS SECTION 9040,BID ITEM PRICE SHOULD REFLECT THE INCLUSION OF,INSTALLATION OF DEVICE,ANCHORING POSTS,REMOVAL OF SEDIMENT,AND REMOVAL OF DEVICE. THIS RID ITEM SHALL ALSO ACCOUNT FOR POSSIBLE REPLACEMENT OF THE DEVICE IF IT BECOMES COMPROMISED. AFTER THE DEVICE HAS BEEN REMOVED,CONTRACTOR SHALL COMPLETE RESTORATION OF THE AREA TO FINISHED GRADE AND OFF-SITE DISPOSAL OF FENCE,POSTS,AND ACCUMULATED SEDIMENT.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT OF SILT FENCE INSTALLED,MAINTAINED,AND REMOVED. 3 9 05 REFER TO SUDAS SECTION 9040.BID ITEM PRICE SHOULD REFLECT THE INCLUSION OF,INSTALLATION OF DEVICE,REMOVAL OF SEDIMENT,AND REMOVAL OF DEVICE. THIS BID ITEM SHALL ALSO ACCOUNT FOR POSSIBLE REPLACEMENT OF THE DEVICE IF IT BECOMES COMPROMISED. DEVICE SHALL BE REMOVED WHEN a VEGETATION HAS BEEN ESTABLISHED. OFF-SITE DISPOSAL OF DEVICE AND OFF-SITE DISPOSAL OF ACCUMULATED SEDIMENT ARE INCLUDED IN REMOVAL OF DEVICE,METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER EACH INLET PROTECTION DEVICE INSTALLED,MAINTAINED,AND REMOVED. 9.06 REFER TO SUDAS SECTION 9040.131D ITEM PRICE SHOULD REFLECT THE INCLUSION OF,INSTALLATION OF DEVICE,REMOVAL OF SEDIMENT,AND REMOVAL OF DEVICE. THIS BID ITEM SHALL ALSO ACCOUNT FOR POSSIBLE REPLACEMENT OF THE DEVICE IF IT BECOMES COMPROMISED, DEVICE SHALL 8F REMOVED WHEN PAVING IS COMPLETED. OFF-SITE DISPOSAL OF DEVICE ARE INCLUDED IN REMOVAL OF DEVICE.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER PLANNED QUANTITY OF CONSTRUCTION ENTRANCE(S)INSTALLED,MAINTAINED,AND REMOVED. REFER TO SUDAS SECTION 9040,BID ITEM PRICE SHOULD REFLECT THE INCLUSION OF,INSTALLATION OF DEVICE,ANCHORING OF MATTING,REMOVAL OF SEDIMENT,AND REMOVAL OF DEVICE. THIS BID ITEM SHALL ALSO ACCOUNT FOR POSSIBLE REPLACEMENT OP THE DEVICE IF IT BECOMES COMPROMISED. AFTER THE 9.07 DEVICE HAS BEEN REMOVED,CONTRACTOR SHALL COMPLETE RESTORATION OF THE AREA TO FINISHED GRADE AND OFF-SITE DISPOSAL OF REMOVED ITEM.STRAW MATTING SHALL BE PLACED ON ALL SLOPES THAT ARE 3:1 OR GREATER.METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER LINEAR FOOT OF SILT FENCE INSTALLED,MAINTAINED,AND REMOVED, q 9.08 REFER TO SUDAS SECTION 9040 AND DETAILS ON B SHEETS FOR WATER QUALITY CONTROL BERMS,METHOD OF MEASUREMENT AND PAYMENT SHALL BE PER EACH CONTROL BERM INSTALLED. 11 01 REFER TO SUDAS SECTION 11,020.THE MOVEMENT OF PERSONNEL,EQUIPMENT,AND SUPPLIES TO THE PROJECT SITE;THE ESTABLISHMENT OF OFFICES,BUILDINGS,AND OTHER FACILITIES NECESSARY FOR THE PROJECT;AND BONDING,PERMITS,AND OTHER EXPENSES INCURRED PRIOR TO CONSTRUCTION.METHOD OF MEASUREMENT AND PRICE SHALL BE A LUMP SUM. N0. RENSDN BY DATE NO. REMSION BY DATE ClapsaAdirGarSe,Aswcieus,Inr DESIGN€D: - PATE: PROJECTNO. 519fih d 9 F�i1pN/O1y __ GARDNER ADDITION ESTIMATE OF QUANTITIES AND 5787 9'71 of APPRDVE DATE - REFERENCE INFORMATION sREET NC. nrrRovEo: ons€:---- WATERLOO,IOWA c.02 Sanftary Sewer structures storm Sewer Pipes' !o B L n `th Type... S Ste E ti End"Elev;' Reference Top Rim 6oliarli Name Start Structure Entt Structure e....g Siie YP p. >t I . Name` Type Sta Offset; NoR ing/Easting In Flaw out FIcW Allgrlrnent Bev waif" . _ ` STS-P-1 8"APRON 8'APRON 28.4 8°DIA 8"HDPE STORM SEWER 1.00% 929.97 929.69 SAN-t SW-303 48 INCH DIA 9+99.62,0.00'L Green Cir. N:8847805.12,E:15460456.11 934.79 925.36 E=925.86 FIELD VARIF STS-P-2 15°APRON 15"APRON 88.3 15°DIA 15"GASKETED RCP STORM SEWER 1.86% 933.25 931.61 SAN-2 SW-301 48 INCH DIA 13+44,73.-9,68'L Green Cir. N:8647804.83,E:15460804.92 943.13 928.791 S=929.41 W=929.31 STS-P-3 STS-1 STS-2 31.0 15°DIA 15°GASKETED RCP STORM SEWER 1.00% 932.29 931.98 SAN-3 SW-301 48 INCH DIA 15+60.86,-43.99-L Green Cir. N:8847588.40,E:15460866.39 942.47 1 933.33 1 N=933.83 STS-P-4 STS-2 15"APRON 48.8 15"DIA 15°GASKETED RCP STORM SEWER 1.00°h 931.88 931.0.4 SAN SERVICES STS-P-5 81 APRON W APRON 27.1 8"DIA 8"HDPE STORM SEWER 1.00% 927,82 927.55 STS-P-6 B"APRON 81 APRON 97.6 8"DIA 8"HDPE STORM SEWER 3.26% 931,06 927.91) Sartltary Sealer Pipes STS-P-7 STS-3 15°APRON 37.8 15"DIA 15°GASKETED RCP STORM SEWER 2.99% 935.13 934.00 Na1ns Start Structure End Structure t englh Slze Type Slope $tar#Elev End Elev, storm Sewer Str�letures SaSPipe-1 SAN-2 SAN-1 344,8 8°DIA 8 inch Sanitary FVC Pipe 1.00% 929.31 925.86 ' Reference Tp ref Curb Sump SaSPipe-2 SAN-3 SAN-2 221.1 8°DIA B inch Sanitary PVC Pipe 2.00% 933.83 929,41AFM' ........P afa fJflS�t p Sump Pump Service Tabulation Allgnmer�t Eleu iWfe� _ _.. _. W Service No. Length Location Station OI(set O[fset&Side Votes STS-1 "SW-507° 11+30.48,15.50'R Green Cir. 936.25 931.72 1 17 16+84 17.5' Right Tap G'Subdrain 2 17 11+07 _ 17.5' Right lap Subdrain S °�'ii'� _ , -.. __Right Tap6'Subdrain _. STS 2 "SW-507° 11+30 41 -15 50'L Green Cir 936 25 931 61 3 17 11<7s v s Sanitary Se r erv! - _ . - Right _ z: - Right Tap b'SUY drain 4 17 ° 1N97 175 ° 1 + 7 -74 8'L 7 93513 5 17 1z+64 175' _ .. :: ... STS 3 iSW 507 5 35 0 3 Green Cir 942 5 _ ::.::: ....... 6 17 J2+ge 17.s' East! r Ta 6'Subdrain T. Steri Notthln :::.Start EasEln .. tett Efav ;:End Nprthln 1=n. Ii9 End Elea -- - -. _ 7 _ I7_ IsiO� _17.5 _nigh!_ _ p Water Pittings San Sery-1 35.2 4"DIA 4 inch Sanitary PVC Pipe 8847805.0667 15460545.7578 927.24 6847769.9013 15460545.68B0 927.94 _ _ - 8 l7 15+38 16.0' Righi rap b'Subdrain _ 9 L7_ 10,4' RighE lap G'Subdrain ID 17 15+56 i6' Leti rap G'Subdrain San Sery-2 35.2 4"DIA 4 inch Sanitary PVC Pipe 8647805.0415 15469558.9354 927.37 8847769.8618 15460558.8655 928.07 enterllne __11 17 1s+7z __ _ 2n.5' __L".1t Tap 6'subdrasn 4 inch Sanitary PVC Pie 880.7804.9425 15460636.1005 928.14 8647769.9749 15460636.0310 928.84 NamB Star'.of#S@t 6ltlgnment NQrIi7ing�EaStin1.g "(:IEV 12 17 15+71 44,G Lett Tap 6 snbdrs r. San Sent-3 35.0 4"DIA ry P 13 17 14+33 17,5' _ ten Taps Subdrain TEE-2 10+33.79,20.49' Green Cir. N:8847784.57,E:15460490.25 929.85 14 17 14+12 ns Le11 rap 6'5nuarain San Serv-4 34.9 4"DIA 4 inch Sanitary PVC Pipe 8847804.8787 15460648.4457 928.26 8847769.9526 15460648.3763 928.96 15 17 13+77 17,5' Left _ raps Subdrain TEF-3 13+11.48,26.51' Green Cir. N:8847784.12,EA 5460767.94 936,00 16 17 13+56 178' ets Tap G'Suhdrain San Sery-5 34.9 4"DIA 4 inch Sanitary PVC Pipe 8847804.8995 15460725.0980 929.03 8847770.0426 15460725.0291 929.73 17 11 13+35 1'7.5' Left Tap G•Subdrain ELBOW-1 13+15.26,20.56' Green Cir. N:8847784.12,E:15460771.72 936.00 F 1817 13+47 __ 175' ten Tap C Subdrain San Sery-6 34.9 4"DIA 4 inch Sanitary PVC Pipe 8847804.8612 15460739.2763 929.17 8847769.9882 15960739.2073 929.87 » 17 12+66 ITS _ Left Tap Subdrain _ ELBOW-3 13+95.79,20.50' Green Cir. N:8847753.58,E:15460602.16 936.75 a1) 17 12+4z 17.5' Left Tap6'5ubdrain San Sery-7 63.3 4"DIA 4 inch Sanitary PVC Pipe 8847651.9966 15460848.4126 933.04 8847634.1009 15460787.7038 934.31 21 v 2-157 17.5' Left Tap 6'Subdrain ELBOW-2 13+55.53,20.91' Green Cir. N:8847775.15,E:15460793.26 936.25 22 17 ' 11+53 _ r7s' Left Tap s S.bdra n San Sery-8 68.9 4"DIA 4 inch Sanitary PVC Pipe 8847633.5925 15460853.6185 933.43 8847614.1380 15460787.5416 934.80 ELBOW-5 15+50.97,14.761 Green Cir. W 8847598.39,E:15460807.65 937.59 San Sery-9 68.7 4"DIA 4 inch Sanitary PVC Pipe 8847629.5443 15460854.9517 933.51 8847584.2902 15460803.2316 934.89 ELBOW-4 15+37.11,20.50' Green Cir- N:8847612.26,F:15460801.94 937.50 San Sery-10 63.6 4"DIA 4 inch Sanitary PUC Pipe 8847617.5903 15460858.1061 933.76 8847574.4564 15460811.3859 935.03 REDUCER-1 15+75.57,-38-89 Green Cir- N:8847573.70,E:15460861.18 93745 San Sery-11 55.5 4"DIA 4 inch Sanitary PVC Pipe 8847614.0506 15460859.1144 933.83 8847559.9798 15460846.8319 934.94 TEE-1 1 D+04.79,20.49' Green Cir- N:8847784.62,E:1S460461.24 928.00 San Sery-12 27.6 4"DIA 4 inch Sanitary PVC Pipe 8847586.7180 15460865.3519 934.40 8847559.7812 15460859.1424 934.95 ELBOW-6 15+76.42,-10.701 Green Cir. N:8847572.90,E:15460833.07 937.50 San Sery-13 28.8 4"DIA 4 inch Sanitary PVC Pipe BB47721.0437 15460828.8706 931.61 8847720.9978 15460857.6196 932.18 San Sery-14 31.9 0."DLA 4 inch Sanitary PVC Pipe 8847732.6364 15460825-6754 931.37 8847732.8557 15460857.5492 932.01 �11later q�ptJrt2nanCeS San Sery-15 37.9 4"DIA 4 inch Sanitary PVC Pipe 8847774.2372 15460813.8914 930.50 8847788.9641 15460848.8500 931.26fiefer@nce �BTtt$rlinB Nana Ste offset Norhing]Easting San Sery-16 32.7 4"DIA 4 inch Sanitary PVC Pipe 8847796,5752 15460807.4583 939.04 8847865.6952 15460838.8869 930.69 AllgnmBnt ;: Efev. San Sery-17 31.8 4"DIA 4 Inch Sanitary PVC Pipe BB47604.5797 15460784.9344 927.78 8847835.6551 15460794.0296 927.79 FIRE HYDRANT-1 10+33.89,23.49' Green Cir. N:8847781.57,E:15460490.25 936.50 San Sery-18 34.6 4"DIA 4 inch Sanitary PVC Pipe 8847804.7972 15460778.9166 927.79 8847839.3630 15460779.2494 927.81 FIRE HYDRANT-2 13+11.49,23.51' Green Cir. N:8847781.12,E:15460767.94 943.00 San Sery-19 34.8 4"DIA 4 inch Sanitary PVC Pipe 8847804.9869 15460717.2145 927.84 8847839.8359 15460717.2716 927.86 VALVE-1 10+06.85,20.49' Green Cir. N:8847784.61,E:15460463.31 928.00 San Sery-20 34.8 4"DIA 4 inch Sanitary PVC Pipe 8647804.9098 15460704.1928 927.86 8847839.7212 15460704.2498 927.87 VALUE-2 10+33.80,22.50` Green Cir. N:680.7782.56,E:15460490.25 929.85 San Sery-21 34.9 4"DIA 4 inch Sanitary PVC Pipe 8847804.9823 15460628.1757 927.90 8847839.8354 15466628.2328 927,92 VALVE-3 13+11.49,22.60' Green Cir. N:8847782.03,E:15460767.94 937.00 San Sery-22 34.7 4"DIA 4 inch Sanitary PVC Pipe 8847804.9850 154fi0614.5204 927.92 8847839.6896 15460614.5773 927.94 Dead End Hydrant 15+75.27,-49.82' Green Cir. N:8847573.99,E:15460872.19 937.47 VALVE-4 13+13.59,20.52' Green Cir. N:8647784.10,E:15469770.04 936.04 NOTES: 1. START OF SERVICE DENOTES THE TAP LOCATION AT THE MAIN AND THE END OF SERVICE DENOTES THE STUB LOCATION. e 0.U. RE4151Uf1 BY DA1E RU. RENSIRG BY DATE CI"pvdd!°-Garbs Associates,Jnc DESIGNED: - A1E: GARDNER ADDITION PRQ1ECrR0- ' a A N:- AArE: --- 57a7 Pr"n �4,Y 2 of EO: DATE: UTILITY TABULATIONS SREEr ilU. APPRovFn: -DATE: -- WATERLOO, IOWA C.o3 I i MAYNARD A ¢ I I - VE - c•, � GRADE 0.5'FLAT BOTTOM DITCH z TO DRAIN ACCORDING TO SHOWN w -- —. WIN ...-;`Yin ----xv�I _ - p _;::: - ;;,��- F niii=--- awn PROPOSED GRADES -rc,ni-....--- ---1 r: 5'S� `rc�n:- .. hF (3 940:-939!_��� r94gA2 1�� 943 _ `s g99 �� - 843 8q 5`�� m GRADE 3:1 — � GRADE 4:1 �m 2y CollI I M �m TO EXISTING TO EXISTING NE DETENTION 1 l a, m NW a - DETENTION r 7� GRADE3:1' M T 20'BUILDING TD EXISTING SET BACK ! I` „�'."' ., 'm fi r»w' o s f Ll'F I"�""� ✓� Sn-• — OEM 5>t — So— — w 4J ...SD N !I l GRAQE3:1 TO EXISTING �Ia ¢! �' BECN GRADING _TO 3:1 II 1 gas f� 944— US 44—U �9�3 �i X1939 93i---940 y �cP: ! 4 Av7c core. I I II 1 GRADE 4:1 4 TO EXISTING `- PROPERTY so� q LINE I ° GRADE TO EXISTING 1 J moo° a, GRADE 3:1 N a TO EXISTING �•' GRADE 3:1 I TO EXISTING o a f GRADE 0.5'FLAT BOTTOM DITCH II � TO DRAIN ACCORDING TO C � _ I SHOWN PROPOSED GRADES I LU SE DETENTION BT p GRADE 4:1 _ Cc TO EXISTING �eaY—�sanssse 937id _ sss ` l pl R0. AEN5144 BY ➢AIE ff0. REN51011 BY BALE C3ap<addrrGarE«Associarrs.hir �ESIGNCCI: DATE: -- PR0.1fCT 140. GBaPRicscu 5,os� Ko GARDNER ADDITION a N:�-- DATE: --- 5187 B �p �� e? it-4,73 Of x. __-_ PATE: _- OVERALL GRADING PLAN sr6ETlln. sum nNf iPVEP: - PATE: _.-. WATERLOO, IOWA 0.00 N �h W= INSTALL STOP SIGN z 936r AND STOP LANE 9a4� STOP SIGN AND STREET STORM WATER m PROPOSED 6° SIGNS SHALL BE PLACED MANAGEMENT SUBDRAIN I X61 BY CITY OF WATERLOO TRACTr PUBLIC WORKS DEPARTMENT \ \ X91 OR CONTRACTOR 6 \ \� I 940 STA=10+34.86 � \ 9 9vr sr2 JI 941� OFFSET=20.51'L -94;?- g 15°RCP GASKETED N=8847825.57 - - \ E=15460491.36 4'FUTURE WALK SHALL BE STORM SEWER BEG PAVING - - 15°RCP GASKETED_ - - - - _INSTALLED WHEN ADJACENT �r _Sp \ SUBDRAIN CLEANOUT STORM SEWER PRIVATE SITE IS DEVELOPED 941 MATCH EXISTING 94, STA=10+12.39 y STA=10+49.90 942 cp., OFFSET=0.01'L P� OFFSET=17.52'L � N=8847805.10 N=8847622.56 r 7 7 I E=15460506.41 f' ! I PROPOSED 8"TRUSS E=1546a468.e3 - a - -'-_p- _�^�- ---SANITARY SEWER -so- 1 I o _ � - - - - - - � �- I t� �I f 15"RCP GASKETED- I -Ni'fi"� 'N s f / r SUBDRAIN CLEANOUT �j I I I STORM SEWER - I �m \ I I �ty� / STA ET=17.38 cY, I rn I o OFFSET W 17.50'L V ♦ 4 IN fT T' -- w-° -.'-I- yv+ a '�� 2.93 s+, ti v s _ 5_, _ -- ao.as F J I 5 -- Sd---- _- p N _U y 854606 'If.6 - n----�w-- w-----µ-----w +---- x- COMPOSITE FULL � � 3 3L , �-0�5„ - DEPTH PATCHa �^ � 1 - - - - - SUBDRAIN CLEANOUT-:M STA=10+47.32 PROPOSED 8"DIP / ) ` I I ga^ S g INSTALL STREET SIGr3'° OFFSET=17.47'R �� \ 944 c0"G STA=10+31.00 r � � N=8847787.57 - -- WATER MAIN �. - - - ._._ -- - UTUREWALKSHALLBE OFFSET=22.79'R I E=15460503.77 INSTALLED WHEN ADJACENT SUBDRAINCLEANOUT / N=6847782.28 BEGIN 31'WIDE PAVEMENT PRIVATE SITE IS DEVELOPED I STA=14+56.38 E=15460487.45 STA=10+37.50 i PROPOSED 6' 1 +� I 97 �-OFFSET=17.59 R / OFFSET=15AV R SUBDRAIN y N=86477B9.56 .9 7 A S N=88460805.8 _ - - - - - - r / E=150.60805.06 I � E-15480493.96 960 :: -- :::: .,.,........ - - 960 .,.....----------.............. - - ................-'-------:.....----..........---'--'-----.......-.......;............--'-'---- --....---------.------------- ------- ---- ... ................. .............. .. ........... ...................... .......... _. ...... ......... .................... . .. .-. ._.__ ---------------- ---- .. .... ..... ..........................__._.................................._...._.......... ............. .., ........ ...... ... ... .. ....-..... . _ ... ._. ... .... ............ ---- ------- 'PVIs7Aii3+60:a0 :..... ..... .- --� - . ............. -- --- --- ---. ., ........_.. .. .. .,,...,..., ... .. .... ---� PVI EL:944.55.._. .. ... ..._. --- -------- - -- g1:4.74% .................. ..... .........,.... .. ... ---- _-- ..g2.*.91% 955 _. 955 g2:0.71% ... ....... --- -- IU 9f.79 W.37.24...... ..-..... ., - _ ......... ... ................................ . :.0.20 .._. ..... .... ..... .. .. .-.... _........ E:076 .. ............ ....... .. ............... ................HPSTA:�t4W99.25........... .._ .-. ............. ..... ... ........... ... ................................. ..................LENGTH:160A0 ._........ -. -...,LENGTH:150.06. ... _ 950 Pv1srA:m+6z.59. :.. :. 950 - - P.VI EL'936.6$ ... PVI STA:11+45.00 o ....... ......... ..... .............. .. _ ..... - .. .... .._. _._.m ...._ .--- .. --- ------------ o ..... .. ... c _.. .. --- ------------- -g1:5.00% .. ................._. PN EL:$3576... ......... .^ ..., ..._.. :.-F W ---- --- .: .._.. .....+.,$ 82:.1.33%... .. 81 .......m m.............................. ...... ... ... ..... ... ..,n -1.33% T o �--- ----- -:-. K:7.90 .. ............. ._ ..9K:6.25% - ... .. a � :.y� ... .. ... F_ .. 11--- ---- --HPSTA:10+77:02.. . .... ..... ......A 0738 ..... ........ o y w.. ... .... ..... .. ... .�U - .. .. .. _ .. J 945 945 n ------ -HP EL:936-61 LP STA.i +30.93 ........ ........ ...... .......,......................................... _.. _... ... ..... -: ---- $ : .. ---: .,.: h --- ----- ----- LENGTH:50.00 LP EL:936.04 + n -. . - -. .0. 5......::.::- +0.71°& .. .. .. .. m n ViW--- - --- - --- :: .:: LENGTH:50.00 ......E1050NGGfiADE..... .... f .. . ... . .: :::::. :.. :::.: :. ... ... .. ................. .: .. . o j r - m - --- '.16 _ ... .... A a s _ ........ .. ::: .. :: :.. .. .... .. 940 g ._.. .. _ m .... - - .... .. .. .. 940 0 ¢ a N w . . PROPOSED GRADE - ... .... .:...... .. --- -- ... ........ q -------------- y 5u-_--- - U U - 1.33% a a............. ... ... o ---- _: ...... -_-.-. .. ........ ................ .. ....... ... ... ... 935 � _ +_5.40% .... _ 935 -- - --- --------------- ---- -- --- � � _ -+5.00% - - - --- - .... ...... .... - - ,..:::,: ::: . � 930 .. ... .... 930 a 925 EASTIRGELEVAIIUN PROPOSED ELEVATION 925 InS 13 T maI$mo ----- Wi�i _.--Bi ----- $} M v1' av.: ----- s:w.S - Sao - Irn W m ..... 920 9+60 10+00 11+00 12+00 13+00 14+00 15+00 15+60 ° S°=5'VxRIICALSCALE N9, HENSION BY DATE ND, fiEN510G BY DAIE Clapsaddlc-Garlrcr nssori.�,lnc GF51GNE4: - DATE:---- P60.1ECTN0. 69APHIC SCREE s1os,+wmc atv G.nrAy^yN:- "ATL: GARDNER ADDITION 5787 U zQ 4D 6D 174 of HL9SE3: -- CATL:-- ROADWAY PLAN & PROFILE SNEETI10. � ,.�x,c9xuweu.e=mm APPfiOVLG: WE- WATERLOO IOWA D.01 I I MAYNARD AVE coca --- ----- - - - w ou w — ^- roi— - --s,or— eno;--—_ — ?—' ———aau; ———w�ur— A _ _-v�loi=—— visor——�— ' ————e•oc� A —ooi=- POLLUTION PREVENTION PLAN NOTES ` I. A STORM WATER POLLUTION PREVENTION PLAN(SWPPP)HAS BEEN DEVELOPED IN - - - ACCORDANCE WITH THE CITY OF WATERLOO ORDINANCE 8AB,CONSTRUCTION I - SITE EROSION AND SEDIMENT CONTROL, ALL CONTRA SHALL BE SUPPLIED TORS G A COPY OF THE SWPPP DOCUMENT AT THE BEGINNING OF CONSTRUCTION.A �,•c I - I - - - - COPY OF THE SWPPP DOCUMENTS SHALL BE LOCATED WITH THE SWPPP MANAGER AT ALL TIME. COPIES CAN ALSO BE FOUND AT THE OFFICES OF 5106 NORDIC DRIVE,CEDAR FALLS,IA 50613 AND 16 E MAIN STREET,MARSHALLTOWN,IA = j 50158. ALL CONTRACTORSISUBCONTRACTORSSHALL CONDUCT THEIR - OPERATIONS IN A MANNER THAT MINIMIZES EROSION AND PREVENTS SEDIMENTS AND NON EARTH DISTURBING POLLUTANTS FROM LEAVING THE SITE AS DESCRIBED IN THE SWPPP. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR ewe E COMPLIANCE AND IMPLEMENTATION OF THE SWPPP FOR THEIR ENTIRE CONTRACT. THIS RESPONSIBILITY SHALL BE FURTHER SHARED WITH SUBCONTRACTORS WHOSE WORK IS A SOURCE OF POTENTIAL POLLUTION AS DEFINED IN THE SWPPP. I _ I 2. THIS SHEET IS NOT THE COMPLETE STORM WATER PREVENTION PLAN(SWPPP), - - BUT RATHER A PART OF THE SWPPP THAT IS TO BE UPDATED REGULARLY BY THE _ - CONTRACTOR.IT IS THE PRIME CONTRACTORS RESPONSIBILITY TO UPDATE THE ! - - SWPPP PLAN AS NEEDED AS WELL AS CONDUCT ANY NECESSARY INSPECTIONS IN - - ACCORDANCE WITH THE CITY OF WATERLOO,IOWA DNR AND EPA GUIDELINES.THE CONTRACTOR SHALL BE RESPONSIBLE FOR IDENTIFYING ANY DEFICIENCIES, _ •A., CORRECTING THOSE DEFICIENCIES IMMEDIATELY AND DOCUMENTING SUCH WITH e - - ruw THE SWPPP.ALL EROSION CONTROL ITEMS SHALL BE REMOVED AT THE END OF THE PROJECT, THE SWPPP MANAGER SHALL UPDATE SITE PLAN WITH THE LOCATION OF THE'POLLUTION PREVENTION PLAN LEGEND°ITEMS ONCE THE LOCATION OF THOSE CONTROLS IS ESTABLISHED. ANY ADDITIONAL CONTROLS I - - THAT ARE USED BUT ARE NOT LISTED IN THE LEGEND SHALL,BE CLEARLY A, _ IDENTIFIED ON THE PLANS,POST CONSTRUCTION STORM WATER CONTROL - colc 5 LOCATED OFFSITE. I (DETENTION) - I Er 3. STRAW MATTING SHALL BE REQUIRED ON ALL SLOPES THAT ARE 3:1 OR GREATER. r! I I i I ' I. 1 i e II A A • LEGEND: O SILT FENCE ® INTAKE PROTECTION I POCK © CONSTRUCTION ENTRANCE CONCRETE WASHOUT Q SEED,FERTILIZE AND MULCH f(I I O EQUIPMENT AND MATERIAL STORAGE cosc y © WATTLES, FILTER SOCKS OR CHECK DAMS I J SANITARY FACILITIES 1 GARBAGE/RECYCLING FACILITIES A' JO JOB TRAILER OK SOIL/TOPSOILICLEARED VEGETATION STOCKPILES ! a © RECAP OR OTHER EROSION CONTROL PRODUCT s NOTE:ANY CONTROLS NOT SHOWN ON SWPPP SHALL BE LOCATED IN THE FIELD BY THE CONTRACTOR,ALL CONTROLS SHALL.BE VERIFIED WITH THE CITY OF WATERLOO AND ALL CHANGES SHALL BE UPDATED ON a THE SWPPP SHEET. I v, NO RENSIOil BY DAIS 1 110, BEIAS104 BY I OR1E CtapsadJlcGe,hrAssaciatcs,Ina DES€GNCp� — DATE: PROJECT W. GRAPHIC SCALE � slue nom�on,o N: - DATE:�ARDNER ADDITION PRE GRADING STORM WATER 5787 X75 of LD: -- DA,1: W ER T W POLLUTION PREVENTION PLAN s"`E"002 °�,�° a 30' 60' 9a nxw�w.—Dud— APPHDVED: --- DATE: WATERLOO, IOWA A 7 N �c— o I - _ J MAYNARD AVE ors. I x Z W —— ch!,c. - - I w Ir I I € I � Ca .i— vo,—-_ _ _ e�u�—-. .—-— - — io, — r•m—= —u,ul.— � _..... � cuo;— —�acl— I R:� wz?POLLUTION PREVENTION PLAN NOTES 1- A STORM WATER POLLUTION PREVENTION PLAN(SWPPP)HAS BEEN DEVELOPED IN ACCORDANCE WITH THE CITY OF WATERLOO ORDINANCE 8-46,CONSTRUCTION { \ SITE EROSION AND SEDIMENT CONTROL. ALL CONTRACTORS SHALL BE SUPPLIED I G M A COPY OF THE SWPPP DOCUMENT AT THE BEGINNING OF CONSTRUCTION.A COPY OF THE SWPPP DOCUMENTS SHALL RE LOCATED WITH THE SWPPP MANAGER AT ALL TIME. COPIES CAN ALSO BE FOUND AT THE OFFICES OF 51 D6 - \ NORDIC DRIVE,CEDAR FALLS,IA 50613 AND 16 E MAIN STREET,MARSHALLTOWN,IA 50158. ALL CONTRACTORSISUBCONTRACTORS SHALL CONDUCT THEIR OPERATIONS IN A MANNER THAT MINIMIZES EROSION AND PREVENTS SEDIMENTS AND NON EARTH DISTURBING POLLUTANTS FROM LEAVING THE SITE AS DESCRIBED IN THE SWPPP. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR cost I .,9_939 / s COMPLIANCE AND IMPLEMENTATION OF THE SWPPP FOR THEIR ENTIRE CONTRACT.THIS RESPONSIBILITY SHALL BE FURTHER SHARED WITH I ( Cz SUBCONTRACTORS WHOSE WORK IS A SOURCE OF POTENTIAL POLLUTION AS — — — DEFINED IN THE SWPPP- I O 3 I \ CEU 2. THIS SHEET IS NOT THE COMPLETE STORM WATER PREVENTION PLAN(SWPPP), BUT RATHER A PART OF THE.SWPPP THAT IS TO BE UPDATED REGULARLY BY THE —so— CONTRACTOR.IT IS THE PRIME CONTRACTORS RESPONSIBILITY TO UPDATE THE cr SWPPP PLAN AS NEEDED AS WELL AS CONDUCT ANY NECESSARY INSPECTIONS IN _ I P a �.,_.,, �^� "� �' •, >' �0 0� "°��°p� ^` g4sM �♦ - ACCORDANCE WITH THE CITY OF WATERLOO,IOWA DNR AND EPA GUIDELINES,THE •' U 1✓ °� � ,� w _ n CONTRACTOR SHALL BE RESPONSIBLE FOR IDENTIFYING ANY DEFICIENCIES, ¢ I „ iLl' E` �.,:---' $+ _ �-- \;; �_" CORRECTING THOSE DEFICIENCIES IMMEDIATELY AND DOCUMENTING SUCH WITH 2 I _ THE SWPPP.ALL EROSION CONTROL ITEMS SHALL BE REMOVED AT THE END OF =x. THE PROJECT. THE SWPPP MANAGER SHALL UPDATE SITE PLAN WITH THE LOCATION OF THE"POLLUTION PREVENTION PLAN LEGEND"ITEMS ONCE THE LOCATION OF THOSE CONTROLS IS ESTABLISHED. ANY ADDITIONAL CONTROLS THAT ARE USED BUT ARE NOT LISTED IN THE LEGEND SHALL BE CLEARLY - iB` IDENTIFIED ON THE PLANS.POST CONSTRUCTION STORM WATER CONTROL = A. , (DETENTION)IS LOCATED OFFSITE. cnsc - i p N w 3. STRAW MATTING SHALL BE REQUIRED ON ALL SLOPES THAT ARE 3:1 OR GREATER. I K k I I I( m I I I I E - I v � I G LEGEND: ® SILT FENCE A OB INTAKE PROTECTIONS I 0 �•M I I E � . , � O CONSTRUCTION ENTRANCE Ron © CONCRETE WASHOUT E O SEED,FERTILIZE AND MULCH EQUIPMENT AND MATERIAL STORAGE SOCKS OR CHECK BAMS ` a G WATTLES FILTER SOC 0 SANITARY FACILITIES '� f (D GARBAGE/RECYCLING FACILITIES y ' / J Q JOB TRAILER 9� �K E SOILITOPSOILICLEARED VEGETATION STOCKPILES : a 1 O 4 RECAP OR OTHER EROSION CONTROL PRODUCT 942843 94 �^ 94L941 r sm NOTE:ANY CONTROLS NOT SHOWN ON SWPPP SHALL BE M L'- cz� - F1 LOCATED IN THE FIELD BY THE CONTRACTOR.ALL CONTROLS SHALL BE VERIFIED WITH THE CITY OF WATERLOO AND ALL CHANGES SHALL BE UPDATED ON 3 THE SWPPP SHEET. 3 940•. -939 938- 937 938 _ Y y� R4 REVISION I 9r I SATE 11 NB I "Risloll ABV BAE 1 lop,a3dl.Gat,,:4 a,r�l UEBI6NEO: -- DATE: GARDNER ADDITION POST GRADING STORM WATER PR°accr{tB. 5787 GRAPHICSCALE � sios nancn� O A N' DATE: -- Ss{EEIHO- „ �6 of Eo -.. DATE: --- POLLUTION PREVENTION PLAN U.03 0 30' SEr 9B ."ea��a — APPROVE): --- PATE: WATERLOO,IOWA NOTE 9: \\ I I ! _NOTES: T 1. TOP OF 100 YEAR STORM EVENT IN DETENTION BASIN IS 933.41. _ _ 1. TOP OF 100 YEAR STORM EVENT IN DETENTION BASIN IS 930.52. 2. TOP OF DETENTION BASIN IS 935.00. 2. TOP OF DETENTION BASIN IS 932,75, 3. EMERGENCY OVERFLOW WEIR IS AT ELEVATION 934.00 AND IS 60'WIDE, 3. EMERGENCY OVERFLOW WEIR IS AT ELEVATION 931.71 AND IS 60'WIDE. 4. REFER TO M SHEETS FOR ADDITIONAL INFORMATION ON STORM SEWER. 4. REFER TO M SHEETS FOR ADDITIONAL INFORMATION ON STORM SEWER. 5. REFER TO D SHEETS FOR ADDITIONAL INFORMATION ON LOT AND STREET GRADING. - 5. REFER TO D SHEETS FOR ADDITIONAL INFORMATION ON LOT AND STREET GRADING. -� I I --- Dili�o�--'---sUeoi--��..-savl- I I CONNECT TO ! MAYNARD AVE I - EXISTING INTAKE - I CONNECTTO MAYNARD AVE I EXISTING MANHOLE RELOCATE GUY WIRES H AND POWER POLE IF -an-----w',oE f 1 r rr -----s,--- I rr PROPERTY LINE I r1 1 STA 15+35.7, 74.4'L SW-507' ++ 1 FG EL:942.07 FL OUT(E):935.13 941__x~ 36 J 100 YEAR EXPECTED \ HIGH WATER ELEVATION_ 943 \ 1 ELEV:934.13 Nl2 I / 94] 990 � I \ n_ 9 38 LF 15'GASKETED RCP STORM SEWER X38 93 8"OMP APRON, \ ;- r INSTALL 10 TONS OF 936 - CLASS D,RIP RAP ` s I I FL EL:931.06 � I PROPOSED xi WATER QUALITY 9�8 CONTROL BERM OVERFLOW WEIR LINED — — — — gas WITH RIP RAP e ELEV 934.30 130' M J TOP 15'RCP APRON, s Y INSTALL 10 TONS OF I - CLASS D,RIP RAP 937 I 5'WIDE BERM 938- I _ I - - -97 LF 8'HDPE STORM SEWER = o I -- I -- � I NOTES: - - - - - - 1. TOP OF 100 YEAR STORM EVENT IN DETENTION BASIN IS 934.13. - - -- 2. EMERGENCY OVERFLOW WEIR SHALL BE SET AT ELEVATION 934.30. 3. TOP OF DETENTION BASIN IS 935.30, 0 4. REFER TO M SHEETS FOR ADDITIONAL INFORMATION ON STORM SEWER. _ 5. REFER TO D SHEETS FOR ADDITIONAL INFORMATION ON LOT AND STREET GRADING, Iq N0. REVISION BY DATE NO REVISkDN BY DRiE clapsaddlelia,E..Aseociotcs,f DESIGNED: — D.: GARDNER ADDITION PROJECT NO. GitAPRlC SCALE 1 os nomr wna: A DATE: 57E37 D v 2v so �� 4'78 of `EE}: _ DATE: -. DETAILED DETENTION GRADING SHEET NO. rwx,cyaomsdwccam APPROVED: DATE: .... WATERLOO,TOWA A E.02 E ' :� I � �"'�"" r�i,',,ter '"✓ �� '�r �u����' �-- —0i�. — —� —_us_ € 1 � ��r� � a� air'�� r �.�,,.�-�.y,,,.✓�,,,, 1 PROPOSED I 4'SIDEWALK I , I 1 �». SUBDRAIN � 1 CLEANOUT PROPOSED 15"RCP If ✓".^ - ''- "�✓ I PROPOSED 15° I GASKETED STORM 1 RCP APRON SEWER FUTURE 4' I I SIDEWALK -_.. � r�6 i I 937 PROPOSED I s3s 4'SIDEWALK " - �' - 5 _.. .__.. 934 —934— '. � � ,., � „�, .e m. ^^✓` PROPOSED 15" 935 I _ r.' �� w+ RCP APRON `936 93555- ��s" 935.76 935.77 935.63 (i00J - 935.45 935.23 935.50 :�TOCJ I . ....... ....... .......... ---.-.. 1.4% 5.C1'h 4.5% 935.01 0 0 0 3 ° 935.77 935.71 935.70 'Q 935.40 co m 61' c nc N PROPOSED _ _ COMPOSITE PATCH o N — — - 30' k0. REVISION BV DATE R0. IlWslON BY WE ClaymdJ]oGa°Mr Associmc�lrir DESIGNED: — DATE --- PRO.IECTAO- GRAPHIC scaE INS sioananlo 5787 ��r�{��qq a DpIA[y�N:- DATE: GAR_DNER ADDITION INTERSECTION PLAN 59TE[67 B 51 i9 15' Pn,q it479 of cME6#SED: --- DATE: -- APPROVED. DATE: — WATERLOO, IOWA K.01 �y4oSTS-3 NOTES: 'SW-507' i- REFER TO M SHEETS FOR ADDITIONAL FG EL:942.07 INFORMATION ON STORM SEWER. FL OUT{E):935.13 2. REFER TO D SHEETS FOR ADDITIONAL z $� INFORMATION ON LOT AND STREET \ /sv \ GRADING. ---------- - -- ---- %% su r ! ! l ! I 1 f / f 1 / + I gas / I r g 943 1 FUTURE 4' // Y SIDEWALK ♦ roc o us 5----------------- -^-- �r / 944 ` ! i 9°A l 9 i PROPOSED SUBDRAIN CLEANOUT o N ` ♦S� \ ght, n/ �j190 lov C �} �50� S \ ---------as-----ss-----� --0$-- ^^OS--^^—�-----�-----"s--- —as-----�s-----a%-----is--�-- ---- ----- ----- -----sa ^w~~ 1 , / NO. NE41510N BY DATE N0- REVISION BY 0liE hyp ddl,-C-N,,Assocfai.s,lw DESIGNED: -- DATE:— PBQIEC)NO, GRAPHICSCALE sloe�o,dc dare 5787 } DRAWN:-- DATE._- GARDNER ADDITION 5, ,a $. �a 80 of C�4[0: — DATE: WATERLOO,IOWA CUL-DE-SAC PLAN -� 6NEEf i1D. APPROVED: DATE: — i K.02 _ 5 s w �1 9A+n_sfim_ I E'15^r P 1L1931[a ! Inlay F'FN'nfnilPt937_w CONNECTTO RIh1 EL:932.99 Inlakc EXISTING INTAKE a tsflcPlLGur:s2s.a7 �[ WAtEL:g31.90 15'PCP FLOUT:927,93 Q I I � s nnts.7<n EOLh I 1 ---s�z— -RIhIrL:933.19 15, CP FiI�;I�SIorm MH = s"sui I � E3v L_ms.e9 MAYNARD AVE u mr_e?zaer I %IAP EL 932.05 I n°Irt nu W1E1927.62 LW I 1 15'RCP FL DICT:929.59 I p,927,55 Pntakx 15'RCP FL OUF(SE):92P.45 (g Intale 1p F AI ELAM7 _ or— wm7—————Va°1—— t r—TV———wol—————tvml—————wml——— 9u,m_— _._wmr'-—--——wtm— vent15•%CP FL MAMA n �_-N'm1` y CONNECT TO 10'RCP FL OUT:928.451 --- 15'RCP FUN'929.10 I I PROPOSED 8"HDPE EXISTING MANHOLE I GASKETED STORM Inlaln; SEWER 10'RCP FLOUT:927.90 I I ® Intakefro 12•RCP FL IN(Wf :927.18 Storm MH I # 8"CMP APRON `-- J -- --- — — — 12111CPR IEg 92699 11r RSP FL IN Iaf1:927.75 I E INSTALL 10 TONS \ 15`RCP F IN(51:927.50 8"CMP APRON t0 BCP FLINIES-9z7.76I CLASS D,RIP RAP \ PROPOSED B"HDPE 19WATER •RCP FLOUT(N)A1.20 oss 1 m { INSTALL 10 TONS GASKETED STORM I \ CLASS D,RIP RAP SEWER f]w I QUALITY BERM e TER 15'RCP APRON \ WA w INSTALL i 0 TONS 15"RCP APRON QUALITY BERM 15c I \ ` CLASS D,RIP RAP INSTALL 10 TONS CLA SS D,RIP HAP PROPOSED 15° \ PROPOSEDI5'RCP SAN-2 \ GASKETED STORM f \ GASKETED RCP a I 1 _ SEWER PROPOSED 8'TRUSS _ PROPOSED_ \ STORM SEWER II I 1 — — — — F I SANITARY SEWEF I SUBDRAIN 1 \ \\ I = ! s1 N a PROPOSED(TYP,) F I I 1 I I 1 \ SUBalN + -- so-----�� .y ka -Fm \ \ 4'PUCSANITARY \ I I I I � -- CLE ` SERVICE 1 TS-2,TFF- TS-1 { SAN-1 r+-----w I + ----3'+--- 1-11 T I w �` ELBOW-`.`•' 1 VALVE•2 F ' r I VALVE-1. _ _FIRE HYdiIA Y — — _ _ _ 1 I F TEE-- \ 11 y 44 1 PROPOSED(TYP.) ASSEMBLY#1 — — —VALVE 3 \ i 1 I I 4"HDPE SUMP PROPOSED 8" I I PUMP SERVICE I— DIP WATER MAIN FIRE HYDRANT I s 14 00 1 CONNECT TO ASSEMBLY#2 I I 4 EXISTING WATER MAIN 1 1 1 I PROPOSED(FYP.) ELBOW-1 I I I I INSTALL 6'TAPPING I I I 4°PVC SANITARY IITELBOW SLEEVE/6"VALVE&I I SERVICE PROPOSED I 6'x W INCREASER 11 1 PROPOSED(TYP,) I 15"RCP APRON 45"DIP BEND j l l INSTALL 10 TONS PROPOSED(TYP.) I l 1 1 WATER 4 I CLASS D.RIP RAP 4"HDPE SUMP I I I �j L SERVICE PUMP SERVICE I \ 44 SUBDRAIN I CLEANOUT it �sn� • Inrake �I 10'flCP FL OUT:932.77 G1 \ `so SID.AIH 10'RGPFLI4(V6932.63 = Inla42 II 15 00 15•PCPFLIN1s):w2AB— I OecPFL0ura332s I ` 1 PROPOI 115'RCP 10'RCP FLIM fE1:932.63 En[x I I 1 i r 1 15`PCP FLOUT(IIY M.236— COX ate" I I I Y x'13 STS-3 GASKETED STORM snsral I Ell E.CLIP I ELBOW-4 y SEWER f1:936.49 / EVPlscpzr>r � I � � � n cup net:n.m 1 SAN ELBOW-5 1 i/ 15"RCP APRON f INSTALL 10 TONS f \ CLASS D,RIP RAP E ELBOW-6 \ 16 0 ~ DEAD END FIRE LSEWER HYDRANT REDUCER-1 ASSEMBLY 8'CMPAPRON INSTALL 10 TONS CLASS D,RIP RAPCONNEGTTO WATER EXISTING INTAKE QUALITYBERMiT L- — .. — Alkke I 15'RGP R OUF:92&.90 N0. REY1310N BY I DATE I NO. I DESIGNED' — DATE: -- PROJECT NO. ' GRAPHIGSCALE 5787 GARDNER ADDITION OVERALL UTILITY PLAN DRAWN-- DATE: SHEEF HO. 9 9Y >8 Paga'.181 of 14-: --- DATE-— WATERLOO IOWA HO. APPROVED: DATE:— q E 49 LF 15"GASKETED RCP STORM SEWER @ 1.D0% / INSTALL 15"RCP APRON SHA o.S-----+n .:-----+ `� PROPOSED w� I I INSTALL 10 TONS - CKETT RD WATER MAIN I I 11 OD I / CLASS D,RIP RAP WITH e3E • -I+uf-----wp, r.lo,-----r,ni- I - ' y / ----s - --s ---- 1 3 TIE BACK JQINTS -932 1 a STA=10+84.67 OFFSET=49.93'L - / N=8847854.92 -934 _ Y 11 10 E=15460541.23 -935 I ' I 1 I 1 / FL:931.34 PROPOSED 1 936 f I WATER MAIN t 31 LF 15'GASKETED ACP STORM SEWER @ 1.0095 1 1 INSTALL 15"RCP APRON- -- _ _ 1 j I I / 937 INSTALL 10 TONS I CLASS D,RIP RAP WITH 3 TIE BACK JOINTS / I I PROPOSE[] STA=10+49.16 2'RIGID FOAM INSULATION SHALL BE INSTALLED SUBDRAIN OFFSET=50.OT L 1 CLEANOUT N=8847855.11 BETWEEN STORM INTAKE ___ �� I E=15460505.72 AND WATER MAIN. I I FL:931.50f I I SW-507" m i STA 11+30.41,-15.5'L N:8847820.41 11 1 E:15460586.92 I I FG EL:935.75 FL IN(S):931.98 1 N I FL OUT(NW):931.88 'SW-507" i NSTALL 15'RCP APRON I I 5 INSTALL 10 TONS I I 1 CLASS D.RIP RAP WITH STA 11p84 ��g'41 ; CRITICAL CROSSING I I I 88 LF 15'GASKETED RCP STORM SEWER @ 1.8 - _ I_ WITH 8"TRUSS SANITARY 3 TIE BACK JOINTS -7 I PROPOSED - - - -- E:1546x586.94 l I H N=8847805.06 - STA=10+42.33 1 SANITARY CRITICAL CROSSING FG EL:935.75 F - CRITICAL CROSSING I F I j -'E-15460586 64 OFFSET=49.95'R I I SEWER I ` FL OUT N:932,29 N=8847755.1a WITH 8'TRUSS SANITARY O PROPOSED WITH B°WATER MAIN 1 N=8847784.47 I N=8847845.D5 SS ) - E=15460498.74 I I I ti L-._ PROPpSED.-- -w--_- _-w -- .N WATER FL:933.36 E=154605D0.85 I E=15460502.23 I 1 1 Y- . e3 E SANITARY 1 SERVICE PROPOSED J I 1 I PROPOSED 1 I f SUBDRAIN I 1 I SANITARY PROPOSED I j SERVICE SANITARY I I I I I 7-1 SERVICE I I I PROPOSED - - -- I SUBDRAIN I I • � I 1 I ---- -! i 1 �0 940 940 945 945 ----E%15TING GRADE� - - - - - - - - - - PROPOSED GRADE STS-1 'SW-5G7' - . . . 15'RCP APRON FG EL:935.75 STS-2 _ - 935 FL IN:933.36 TIE JOINTS(3) - - 15"RCP APRON g35 94D 'SW-507" 94a FL OUT:931.50 - EaStINGGFAGE ... } = TIE JOINTS{3} - FG EL:835.75 = - - PROPOSED GRADE -- E 88 LF 15"GASKETED RCP STORM SEWER @ 1.86% - - -�� CRITICAL CROSSING WYTH e" 930 935 ... ...... 935 FOOTING DIP WATER MAIN - FOOTING TIE SO#NTS(3) - SUDAS 4030.221 MAINTAIN 18'MIN.VERTICAL SUDAS 4D36:221 - 15'RGP APRON SEPARATION = Y - FL OUT:991:34 ai CRITICAL CROSSING WITH - a 8'TRUSS SANITARY SEWER U - 0 925 925 930 31 LF 15'GASKETED RCP STORM SEWER @ 1.001% - ;' 930 _.... .. 49 LF i5'GASKETED RCP STORM SEWER @ 1.00% FOOTING SUDAS 4030.221 -. $'DIP WATER MAIN CRITICAL CROSSING WITH ` aaSTING ELEVATION PROPOSED ELEVATION - MAINTAIN ES'MIN. g^TRUSS SANITARY SEWER EXISTING ELEVATIGN PROPOSED ELEVATION VERTICAL SEPARATION 920 920 925 °'�, 5'rn - m m m m �'•m". - 925 I N I'-5%'ERTICALSMF ND. REVISION GY VATjj NG, I REVISION IC l"1 111 GB,11,11s T11 ,l DESIGNED: - DATE_ PROJECI NO. 9RAPHIGSCALE 51W w'oftlk ll,}.e DRAWN:- DATT: -- �GARDNER ADDITION STORM SEWER PLAN & PROFILE SHEET 110 o Tv 2(y 31 P� $2 of AP[�k PROVED: DATE: - WATERLOO, IOWA M.01 IMAKF RIM EL 933.37 \ 15'BCP FL OITI:92B.96 �r' `A� 7 INTAKE 1 5 10'RCP FL OUT,MA5 9355 _ X15'NCP EL IN:929.1 1 1 lb 93r OVERFLOW WEIR LINED WITH RIWATER QUALITY 1� 1\ 72- 1 P RAP 'D / ELEV 934.00 5, / 1 CONTROL BERM iNin ,- TOP FLEV 931.71 �� a COORDINATE WITH UTILITY COMPANY a IF POWER POLE NEEDS RELOCATED WATER QUALITY TIE INTO EXISTING �,+ CONTROL BERM STRUCTURE-1 TOP ELEV 930.31 siDRM Mn INSTALL 8'CMP APRON q` +,.. }7 4 ` R—g �;�NI1l EL:B32.05 {SEE B 3 INSTALL 10 TONS o CLASS DRIP I IS'BCPFLN(NO:92 M , RAP SHEETS FOR p / /a /N=8847926-87 M 15'NCP FL 011I(S992745 ADDITIONAL n // °ter / �o E=15460949.57 DETAILS) / \ % FL:927.82 h // �r/om i INSTALL 6"CMP APRDN \; / IITIAKE s\ // TIE INTO EXISTING INSTALL IO TONS / wMELa33Ts \ o STRUCTURE-2 CLASS D,RIP RAP 15 NCP FL, 7:929.59 oVERFLow WEIR N=8$47927.27 u f LINED WITH RIP RAP E=15460507.36ELEV 931.71 o COORDINATE WITH UTILITY COMPANY FL:929,97 / IF POWER POLE AND/OR GUY WIRES NEED RELOCATED i i%ate a / r M I/ J / 1� (SEE B INTAKE ��yRO SHEETS FOR 12'nCP FL IN JNW):927.18 OPs � ADDITIONAL 12'flCP FL(fl:926.99 DETAILS) 945 945 940 940 .. ............. ...................'.. -...-- ------------------ - - --- ---- -----, .. .. .. ............. .........--- - - '--- --- --- - - --- --- -----------'NE INTO DOSTING STS... ............... ....... .. I________________FASTING GRADE ___..__. RBdfL:932.05 .. ............. .. 940 940 935 -----------------------FLOW.927,45 ................. 9$5_....._----- ................ .......... i ..... ................. ....... ... ... ....... ....... .............. _ .......... _ ... ................ . . . .. .. .. ........ .............. ........ ....PROPOSED.GRADE-------- Ek45TING GNADE ]IT INTO E1AS11NG SIS ...... BLN EL:933-19 - a F1 OUT:929.59 ..... .... . ........ ................... - .......... .. . ..,.. a 935 935 930 8'CMP'APpON ............. - PROPOSED GRADE FL:927.82 5 ----- ---- _ 8'CMPAPRON -------------- ------------- FL:929.97 FOOTING27 LF e`HDPE STORM SEWER @ 1.00% SODAS 4030.221 - ------- -------- ----- ._.. 930 930 925 925 s - .............--I------------------- FOOTING --- - - ----- SUDAS 4030.221 28 LF 8'HDPE STORM SEWER @ 1.00% EMANG ELLVATIDN PROPOSED ELEVATION 1*111lB E[FJAIIGN PROPOSED ELEVATION �m ..... . ..$ m� chi 91! M M 925 c m m m m 925 920 1. .. $ w m $ 920 V5'VERTICALSW NO. F"SION BY BATE NO, NEN M BY D6TE ❑up,.ddk-M k,As mtc Inc DESIGNED_ ---- DATE! -�-� �S�FETNO WECTNO. IGARDNER ADDITION578GR I{� 5R, ;*, ,5p'1{ DRAWN: DATE: --- STORM SEWER PLAN & PROFILE . GO 29 3D I 1'�3 of _m" — °AT�� -- WATERLOO,IOWA M.oz x'H...wa �' APPROVED: — DATE: --- 38 LF 15"GASKETED RCP STORM SEWER @ 2.99% WATER QUALITY CONTROL 13ERM TOP ELEV 933.38 8 ii STS-3 1 p "SW-507" I STA 15+35.70,-74.4'L y m a ° :J \ N:8647613.52 - - •4y.,,' z \ E:15460896.82 --- `s¢ - --sr - - ss a}a. Lu --FG EL.942.07 a ;� /\ FL OUT(E):935.13 , J }I INTAKE / \ r f:5' 97 LF 8"HDPE STORM SEWER 15•flCl'FLQUi:926.90 \ ! 1 - - CW 3.26 % I - a ♦ �/ y ' I \ TIE INTO EXISTING S STRUCTURE-3 11 ! 41 V WIDE BERM j OVERFLOW WEIR y ELEV 934.30 11 I o �N y Y � 111111 y y l 1 � 950 950 940 940 r - - 8"CMP APRON FL:931.06 PROPOSED GRADE _ STS-3 945 "SW-507' 945 935 -- - ---- --- -- -- ----- --- -- - .. ... ..... TIE INIQ.EYJSTIYG.STS.... .. 935 . .. EXIGTIBG CflADE FG EL:942,07 _ _ FL OUT--926.9 FLOUT(E):935.13 Fl IN:921.9 PROPOSED GRADE e _ 97LF 940 D7:TIE DE 9401 .. .... 6°HDPE 57 ORM S ------- 930 ------------------- --------- w FOOTING !=R Ca13.2646 ..--------------------------.--- --- 930 SUDAS 4030.221 a JOIN�(3) 5 15"RCP APRON w FL:933.70 7 - 935 935 925 - 925 I 38 LF 15"GASKETED RCP STORM SEWER Q 2.99% ExlsnvcFlTvnTioY PROPOSED ELEVATION SUDAS 4030.221 PROPDSEDELEVATIDN EwsnIIGE1ATIav w - - E FOOTING 930 m'm mm mo`�a ms 930 920 — ° 920 11-9VEIMCALSCALE NO. GEV15107{ BY DATE P{D, BENSIGN BY DATCc�apsaadicciabcrwsser{ears.Inr 'A'P'PROVED: -- DATE- ---- PRUACTNO. GRABHICSCALE 5,��a�� DRAWN;— DATE: -- 5787 ADDITION 5787 20 3D `F 184 of E0: ---- DATE: --- STORM SEWER PLAN & PROFILE SKEET NO. w �" PROVED: DATE: -- WATERLOO,IOWA M.oa N CRITICAL CROSSING WITH 2 � tae s ib'RCP GASKETED a% STORM SEWER STA 13+44.7, 9.7'L I aa9 � I I STA=11+30.45 SAN-2 ass I N-8847804.95 SW-301 48 INCH DIA I ?� m� E=15460586.93 RIM EL:943-13 Sza\ ii a9inmm I e mwwwww FL IN(S):929.41 / s\ FL OUT(W):929.31 San Sery-17 9a6 - \ y I 933- San Sery-22 San Sery-20 32 LF -esu gar ��' STA 15+60.9, 44.0'L�, e3a- 35 LF - /I 'ns - - _ _ - - 3 - - - - - - - - - San Sery-18 - _ \ B i SAN-3 93G CRITICAL CROSSING WITH.- 7r � $a 9'O s42 35 LF ` - �94s ' ' ` RIM E0L1:48 INCH DIA 15'RCP GASKETED San Sery-21 PROPOSED STORM SEWER 1 35 LF I I 3 SUBDRAIN -� s f STA=10+45.15 I I I 1 - - - - - -San Sery-14- - I ' F;OUT{N]: 3 r1 1 9-3.83 PROPOSED -y----- 32 LF SahSe I -�N=8847805.05 -s --- su- --S°- ---5�- --- - w -- - �sn� 1 n'-12 SUBDRAIN L / 1SanSery-13' 28 ' E=15460501.63 _ _ _ _ _ CLEANDUT ! San Sery-19 3 3 <<: San Sery-15 J//29 LF San S LF _I- - 1 I 35 LF 1 3 \ 38 LF / t -5.5��-T 1 , i\ o ] 11 g + { o1 1 345 LF 8 inch Sanitary PVC Pipe @ 1.00%, I I / ' a 1 f PROPOSED T I ! \ f l SUBDRAIN � I m00000 S s5- sn - -- - -- sn.c----- - -5 - --5----'-- -----'�' aDSery-10 ' F - ! t I fan Se 3 LF. o I pvG P14eLF ' o il; q 6, 0.0-L � STA 9+ 99. $ I I I .lSan Sery-4 San Sery-5 % 221 L� I I PROPOSED SAN-1 - San Sery-2- - - n- - - - - -35 LF - 35 LF - - - - - - 1 SW-303 48 INCH DIA 35 San Sery-6 �l I San§e -3 � SUBDRAIN e 35 LF \ 1� ---as----- -----a-- --as----CLEANOUT _RIMEL:934.79 San Sery-1 _ _ 35 _ ` I SanSery-16 ��--- m ---- -----µ----- ----- - - I FLOUT(N)925.63 r -PROPOSED - � - I I 33 LF �' San Sery-e 35 LF / PROPOSED 69 LF I I i FL IN(S)925.68 WATER MAIN WATER MAIN I I q 7e fh FL IN JE):925.86 - - - PROPOSED SanSery-7 I I I I t WATER MAIN 63 LF w 1 r San Sery-8 / - - - - - - - - - 69 LF_ m-a 1 mn�'�`04momi I 19 I Y I i ✓9p2. i �' 955 955 950950 STA 13+44.7,9.7'L STA SS+60.9,44.0' L SAN._2. SAN-3 SW-301 48 INCH DIA 4B' RIM:943.13 :SW-301 48 INCH 942.47 945 � - EASn14GGRA6E - ------ ------------- -----------_ - . ', ............................. 945 71 .i .... . ... ..... .. ------ y 940 STA 9+99.6,0.0'L e SAN-1 SW-303 48 INCH DIA 48° PROPOSED GR d RIM:934.79 935 935 CRmCAL CROSSING WITH ..... 15'RCP GASKETED2.00% STORM SEWER 221 LF S inch Sanitary QVC PLpe�° CRITICAL CROSSING WITH 930 930 ........ - i5"RCP GASKETER kx STORM SEWER 345 LF 8 inch Sanitary PVC Pipe @ 1.00% FL OUT.(N):933.83 925 s925 .. ...................................................... .... ----- ---- --- FL IN(S):929.41 FL IN(E):925.86 FLOUT(V):929.31 = 520 FL IN(S):925.68 E7:ISG9C 0-EVATI6N PROPOSED ELEVATION - 920 T FL OUT(N):925.63 1 W. Nro ow cl IgIQn- .'Ii." rDm °�'iM r°iim mcu wm w ' a`a ds wm did . o:m m.m magi �'$ .. O 915 915 a 5' GRAPHIC SCALE N9. RENSION BY GASE N0. RE4151G'1 6Y GAiE L'MapsadAlrGarb;r Aws°ciates.l. DESIGNED_ DATE: ---- G ♦ T D ER /� DDTTTON SANITARY SEWER PLAN & PMAIE 5787 7 H GRAPHICSCAIE � vosn�n�orre - �/�li{-r�'Lly 11`1111-J[ 1L�1 1 1 N m DRAWN.- DATE: 0 2tr Atr fi0 Fags.'_1$5 of ED: DATE:- ---- WATERLOO IOWA PROFILE s"EET �^ APPROVED: DATE: ---- - MSA.OI I I - N 935 93 j - - WATER SERV-19 - I 93793 - 57 LF I DEALT END HYDRANT ASSEMBLY 939 I I WATER SERV-20 z��-� 940 ! m 57 WITH THRUST BLOCK SEE B J 941-WATER SERV-12\SHEETS FOR ADDITIONAL INFO 04?� 9 I m STA=15+75.27 943- 14 LF I 1 .LIVE TAP EXISTING 6-WATER MAINm - OFFSET=50.49'L I WITH SLEEVE&6'VALVE.INSTALL N=8847573.98 __ 6"x 8"INCREASER. E=15460872.87 STA=10+04.79 m WATER SERV-24 WATER SERV-22 sq0 r-� 941 FG EL=943.23 � \ ! OFFSET=20.25'R - 56 LF - - - 55.5 LF 94422- N=8847784.86 WATER SERV-23 WATER SERV-21 _ - E=15460461.24 _ 644 / ♦ \ p E 56 LF 65.5 LF 945 8'x 6'REDUCER AND, FG EL 934.92 - - - - - - - - - - - - - - - - - - - C - -- - WATER SERV-1B / - WATER SERV-14 6'MJ GATE VALVE 22.5°BEND 59 LF - - - - -56 LF - / STA=15+75.59 I STA-13+15.24 / OFFSET=38.67'L n PROPOSED i5' PROPOSED 15` WATER SERV-17 WATER SERV-13 / 1 OFFSET=20.61'R -- -. 57 LF 56 LF r N=8647573,66 1 I 1 I --- ----- RCP GASKETED - I I N=8647784.01 s - - - - - - - E=15460865.05 1 RCP GASKETED STORM SEWER I' I I I I ! I a I STORM SEWER I I I E=15460771-69 -I` r / ` I sqg FG EL=943.28 L I "5 \ -- t- - -w- ---`s0- --- 1-• 4 s I s FGEL=943.41 _ - / ! ` I 36 m m o / 945 / � � ��� 1 » I I��. ��: m I # # I v. ti / I 45°BEND a { ` + I'I °'' I I f'° �° r r r N + o r l o STA=13+65.53 1 1 � I ° - ga ~CI45' V NDSTALL8J / OFFSET R " E `' ISTA=15+76.37\GMEE7775,Ob \ ♦ .` r� / 1 STA=13+13.58 T l4' 'E=15460793.17 OFFSET=10.72'L ! l PROPOSED B° 1 -22.5°BEND { 1 I 1- o---_-'� 1 1 TRUSS SANITARY ----OFFSET=20.6PR I I y� \ FG EL=944.90 IJP I N=8647572.95 / ! { STA=13+95.80 0 °, I sn--•---so - --s -- s - 1-s.-.}•SEWER s N=8847784.01 _- - / \ r OFFSET=20.53'R - o { E-15460633.09 r E=15460770.03 i` L �b / �\1{ �'-o-� I N=8847753.57 r ` FG EL=943.55 / 4 t = PROPOSED FG EL=943.36 �/ [ I E=15460842.13 { �� SUBDRAIN I / 1 3 FG EL=944.25 ° WATER SERV-11 6'x8°xl°LOCKING CRITICAL CROSSING WITH 2'FOAM INSULATION SHALL BE WATER SERV-5 / {I �' 14 LF TEE WITH - -� PROVIDED ALONG THE BACK 3 -- -'s- - ---- so- 15"RCP GASKETED - / 15 LF iso ♦ / STORM SEWER WATER 7ERV-2_ - WATER SERV-4 THRUST BLOCK SEE B OF THE INTAKE BETWEEN THE STA=10+44.31 15 LF 15 LF WATER SERV-6 J I / SHEETS FOR DETAILS- INTAKE AND WATER MAIN. 15 LF sti 1 / / STA=10+33.79 OFFSET=20.63'R -- -�� - WATER SERV-3 7 - - - - - OFFSET=20.49'R N=8847784.42 WATER SERV-1 15 LF I = I - - - 41:��-22.5'13END N=8847784.57 E-15460500.76 15 LF 8"x8'x6"LOCKNG TEE / -- - r _- - - STA=15+37.69 22.6°BEND E=15460490.25 HYDRANT ASSEMBLY#1 AND 6"VALVE AT CONNECTION I ��OFFSET=20.40'R FG EL=936.58 WITH THRUST BLOCK SEE POINT ON 6'DIP WITH THRUST BLOCK HYDRANT ASSEMBLY 42 I 1 - - - - - - - - - STA-15+50.95 I B SHEETS FOR ADDITIONAL INFO WITH THRUST BLOCK SEE B SHEET y -N=11847612.28 OFFSET=14.74'R SEE B SHEETS FOR ADDITIONAL INFO I I '+ I --HYDRANT ASSEMBLY#2 E=15460802,04 STA=10+33.80 FOR ADDITIONAL INFO - N-8847598.41 STA=13+11,48 I WITH THRUST BLOCK SEE B SHEET FG EL"43.90_ . 4 E=15460807,68 OFFSET=24.20'R OFFSET=20.51'R STA=13+t i.49 I I I I I FOR ADDITIONAL INFO 944 I I - 13 00 ti---943 FG EL=943.75 I i I N=8847780.86 � 940 - N=8847784.12 OFFSET=24.22'R I I I STA=13+11.49 I o F=15469490.25 E-15460767.94 N=8847780.41 I aq2 I I OFFSET=24.22'R FG EL=936.59 E=15460767.94 N=880.7780.41 WATER SERV-10 I I _ FG EL=943.34 I _ ff W T FG EL=943.49 I I I E=15460767.94LF I f 1 V I r I I I 1 FG EL=943.49 WATER SERV-9 'xw-� I 14 LF DEAD END HYDRANT ASSEMBLY 950 950 CRITICAL CROSSING WITH 15" HYDRANT ASSEMBLY#2 945 TIE INTO EXISTING RCP GASKETED STORM SEWER. PROPOSED GRADE 8 in x 8 in 45.00°ELBOW C 945 WATER MAIN - MAINTAIN 18'VERTICAL. WITH LIVE TAP AND SLEEVE SEPARATION FROM TOL'OF AND 6°x B'INCREASER WATER TO BOTTOM OF SEWER. `` --- --------__ Bin%Bin 22.501 ELBOW 6Inx6inxBin'TEE - - 940 : 1705➢NG GAAAE __------- - VALVE-3 8 in x B in 45.00°ELBOW - 840 HYDRANT ASSEMBLY#i 8' x Bin 22.50°ELBOW 8 in x B in 22.50°ELBOW Binx8inx6inTEE 935 'CRITICAL CROSSING WITH 15 r CRITICAL CROSSING WITH 8 in x 6 in REDUCER - 5 ./ RCP GASKETED STORM SEWER E Is fY1' MAINTAIN.18"VERTICAL SANITARY SERVICE MAINTAIN 18° - 1 &6"MJ GATE VALVE SEPARATION FROM TOP OF 8 in x 8 in"22.50°ELBOW VERTICAL SEPARATION R 330 WATER TO BOTTOM OF SEWER 1 930 0 1 1 LL BInx8Inx6inTEE S25 NOTE: VALVE-2 2 925 VALVE-1 1. MAINTAIN MINIMUM 6.0 FOOT BURY DEPTH. z CRITICAL CROSSING WITH SANITARY 2. MAINTAIN 18 INCH VERTICAL CLEARANCE ON ALL STORM AND SANITARY CROSSOVERS. SERVICE MAINTAIN 18"VERTICAL 3. TEMPORARY WATERMAIN BLOW OFF VALVES SHALL BE INSTALLED AS NEEDED BY 3 920 k SEPARATION BETWEEN BOTTOM OF CONTRACTOR AND SHALL BE CONSIDERED INCIDENTAL TO WATERMAIN TESTING AND WATER AND TOP OF SEWER DISINFECTION. 920 Ir 4• ALL WATERMAIN AND WATER SERVICES ARE TO BE INSTALLED POLY WRAPPED AND F 590 LF OF DIP WATER MAIN WITH TRACER WIRE. F 5. ALL WATER SERVICES TO BE 314'COPPER STUB OUTS FOR RESIDENTIAL HOMES.EACH 915 r EXOTING ELEVATIM PROPOSED ELEVATION. WATER SERVICE SHALL HAVE CURB STOP AND BOX AT THE END OF STUB OUT 915 INSTALLED. 6. ALL WATER SYSTEM NOTIFICATIONS TO BE DIRECTED TO WATERLOO WATER WORKS. -` rn QIf Fz; E62 P."8_ `�� Nc�i+ r'm 'Ln �-�. c..�o_ �`$ mrn �m lz �2n m'F- ---- --- "�r'gm 910 "m �m rm�rn vcm"• `�� 0i mm mm �i .9 mm mm SOi m - - 910 I"-5'4ERTICAE SCALE 11p. RE41516N OY OA1E NOL REVESR7N BY PATE ['Iopseddleriar6cr Assxiems,Enc DESIGNEd: DATE: - r-y ` ����T ���T���' T PflOJECS NO. GRAPHIC SCALE S10G:Ord°rte /�1T1J-\i 1{,r` 1 l�lll co�E,p�a nRAWN', PATE: 0 10' 4V fi0� 6 of1t2J�o:= DATE . WATERLOO,IOWA WATER MAIN PLAN & PROFILE sllllut . MWM.01 NOTE:REFER TO OVERALL AND DETAILED GRADING SHEETS FOR 950, 950955 ADDITIONAL INFORMATION ON TIE EXISTING amT - _ .... T INS AND ELEVATION DATA. - _ PROFILE GRADE - .... . - 945 - - 945 950 - - 950. 940 - _ - - - _ PROPOSED B"DIP - 940 945 =. .. PROPOSED 8" WATER MAIN - :: _ : 935 ddJ _ � — - TRUSS SANITARY - 935 94D P.ROPOSEQ 8' - ...PROPOSED B"QIP 940:. SEWER MAIN - - TRUSS:SANITARY: WATER = MAIN 930 - - - - 930 j 935 _. SEWER MAIN 925 _ ORIGINAL EL=943.49 02'x` _-930 - - - - - -- DESIGN EL=942.37 - k ORIGINAL EL-942.18 - - --- ---- :..030 X20 _:: ... ------ -------- 10082090 -80 70 -6D -50 -40 �0 20 -10 0 10 20 30 4D 5p 60 70 = 80 9 1 QO 1 b092590 -SD=-70:--80 :50 40 3tl ::20 ::1D 6 10 20 : -w 40:.50 60 70 -.80 7 STA=13+00 STA=15+00 950 - .950 945 _ - 945 940 - // PROPOSED 8"DIP = 940 �, 950 / WATER MAIN = PROPOSED 4:PVO 935 935 945 =: SANITARYSEWER _ PROPOSED 8" - SERVICE - WD TRUSS SANITARY - - SEWER MAIN 93D 940 - - DIP _. D 8 925 ORIGINAL EL=942.88 925 �-935. W -- _ ATER MAIN .... - ORIdINAL EL-941-75 ..... DESIGN EL=943.48 - - -_- - - ---- :::DESIGN EL-=942.98 -10092040 -80 -70 -60 -50 •40 -30 -20 -10 0 10 20 30 40 50 60 70 BO 920100 1 ppsaR90 BO=:7D .-fi0. -50 :40 -3D .:20:::10 b 10' 20 :3Q. 40 :5D 8P 7Q-'80 -1 STA= 13+50 STA=15+50 .950. _ T MCI 945 945 95{Z 940 PROPOSED B`DIP PROPOSED 8" `WATER MAIN 94D 945 TRUSS SANITARY 935 93 .... 5 940 .... .. 940 SEWER MAIN k 930 ORIGINAL L 943. 5 930 k_935 - - k ORIGINAL Ei-940.58 DESIGN EL EL=943.84 :DESIGN EL-94499_ 1t080 -70 -60 -50 •40 -30 -20 -10 0 10 20 30 40 50 60 70 80 9Qy�5100 i p0qa(90 -8D=70:::60:-:50---40 :30.::2D-:a0 b'-aD--20- 30 .;0:.50 . 60 -70 =-80 7 0 X42 D -— STA=14+00 STA= 16+00 - 955 950 950 945 945 E 940 PROPOSED 8' PRSED 8"DIP = 940 TRUSS SANITARY WOPOATER MAIN _ 935 SEWER MAIN 935 a 930 ORIGINAL L=942.02 93D DESIGN EL=944.19 y -10092590 -80 -70 -6D -50 -40 -30 -20 -10 0 10 20 3D 40 50 60 70 : BO 25100 STA=14+50 y 1 ti N0. NEVi51071 BY DATE NO NEVVGINN 8Y NATE CWP�oAdlr-Gar6cr Associoirs,lM DESIGNED: - DATE: GARDNER ADDITION PBWFC7 NO. A si°6 Nwnrr urtA DRAWN:-- _ DA7L: — m cedar Fps,imv.,snsis 1,87 of o.W DpT� ` waTErztoo Iowa 5787 CROSS SECTIONS SNFEINN. x.az CITY OF WATERLOO Council Communication Resolution approving Agreement with RC Systems of Waterloo, Iowa, to provide and install a Salient Video Management SYstem, in the amount of$78,410.86, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 9/14/2020 Prepared: 9/8/2020 ATTACHMENTS: Description Type ❑ VMS Agreement Backup Material Resolution approving Agreement with RC Systems of Waterloo, Iowa. to SUBJECT: provide and install a Salient Video Management SYstem, in the amount of $78.410.86, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Mohammad Elahi, Traffic Engineer Recommended Action: Approve Resolution The Video Management System(VMS) is part of the Remodeling and Summary Statement: Upgrading Traffic Control Center Room project. The Iowa DOT grant project number is STP-U-8155(755)--70-07. Expenditure Required: $78,410.86 Source of Funds: 80% Federal Grant ($62,728.68) 20% GO bond funds ($15,682.17) Policy Issue: Strategy 2.2: enlist all City departments and staff members in efforts to promote a safer community. The City received a$160,000 federal grant requiring$40,000 match for remodeling and upgrading the traffic control center. The 3 components of Background Information: the project are VMS, Videowall, and room reconstruction. The current agreement covers the VMS. The Salient proposal was selected through an extensive RFP process. 8 proposals were originally submitted. Page 188 of 214 CONTRACT FOR PROCURING OF VIDEO MANAGEMENT SYSTEM FOR CITY OF WATERLOO,IOWA This contract made and entered into this day of , 20 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and RC System, 1657 Falls Avenue, Waterloo, IA. 50701, (hereinafter referred to as Supplier), WITNESSETH: 1) Supplier agrees to supply and integrate Salient video management system in Waterloo traffic operations video monitoring system for the total amount of seventy eight thousand four hundred and ten dollars and eighty six cents as follows: Initial Cost of Software Including migrations or Installation on Server $3400.00 1 of Existing Cameras and Software License if Any 2 Initial Training In Waterloo $0.00 3 Camera License for 200 Cameras $25,126.00 4 Annual Software License Free for 5 years 5 Software Version Update Cost Per Update Free for 5 years 6 Misc. Costs Other Licenses, Users, Server, Other Devices None 7 3 Year Warranty Free for 5 years 8 Server Cost with Min 16 TB $39,684.86 9 3 Year Support 8x5(120 Hours)Estimated at 40Hours Per Year,$85 Per Hour $10,200 Connection Cost Per Analog Camera Including Camera License Cost, $0.00 10 Connecting Device Cost, etc. 11 Mobile Device Access $0.00 12 Other Licenses None TOTAL $78,410.86 2) Supplier understands, agrees with, and is bound by the pertinent terms mentioned in the April 2019 Request for Proposal, Supplier's Proposal dated 05/08/2019, and Conditions of Contract for Purchasing Video Management System, all of which are considered part of this contract. 3) Contract begin date is expected to be January , 2020. 4) Supply and integration shall be completed within 2 months from the date of contract execution. 5) This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. 6) There shall be no recurring per camera fees such as software update fee, per camera annual maintenance fee, etc. charged to the City for a period of 5 calendar years from the date of execution of this contract for any and all cameras added and connected to the Salient VMS. Page 1 of 2 Page 189 of 214 7) Federal Highway Administration Form FHWA-1273 and Appendix II of 2 CFR Part 200 are physically attached to and are part of this contract. Contractor BY: Title: CITY OF WATERLOO, IOWA Mayor City Clerk Approved by the City Council of the City of Waterloo, Iowa, on 920 . ATTEST: , City Clerk Waterloo, Iowa Page 2 of 2 Page 190 of 214 City of Waterloo, Iowa Conditions of Contract For Purchasing Video Management System 1. Definitions 1.1 In this Contract,the following terms shall be interpreted as indicated: a) "The Contract" means the agreement entered into between the City of Waterloo, and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. c) "COC' means this document titled Conditions of Contract. d) "RFP" means request for proposal. e) "The Goods" means all of the equipment, machinery, and/or other materials which the Supplier is required to supply to the City under the Contract. f) "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services, such as installation, commissioning, provision of technical assistance, training, and other such obligations of the Supplier covered under the Contract. g) "The City" means the City of Waterloo, Iowa. h) "DOT" means Iowa Department of Transportation i) "FHWA" means federal highway administration j) "VMS" Video Management System k) "The Supplier" means the individual or firm supplying the Goods and Services under this Contract. 1) "The Project Site," means the Public Works Building, 625 Glenwood Street Waterloo, Iowa 50703. m) "Day" means calendar day. 2. Application 2.1 These Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract. 3. Standards 3.1 The Goods supplied under this Contract shall conform to the standards mentioned in the Request for Proposals. 4. Use of Contract Documents and Information Conditions of Contract Traffic Operation Department Page 1 of 7 Page 191 of 214 4.1 Any document, other than the Contract itself, enumerated in COC shall remain the property of the City and shall be returned (all copies)to the City on completion of the Supplier's performance under the Contract if so required by the City. S. Patent Rights 5.1 The Supplier shall indemnify the City against all third-party claims of infringement of patent,trademark, or industrial design rights arising from use of the Goods or any part thereof in the City. 6. Performance Security 6.1 Within thirty(30) days of receipt of the notification of Contract award,the successful Bidder shall furnish to the City the performance security in the amount specified not less than the supplier's bid price. 6.2 The proceeds of the performance security shall be payable to the City as compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract. 6.3 The performance security shall be in one of the following forms: a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank, in the form provided in the bidding documents or another form acceptable to the City; or b) a cashier's or certified check or certified share draft. 6.4 The performance security will be discharged by the City and returned to the Supplier not later than thirty(30) days following the date of completion of the Supplier's performance obligations under the Contract, including any warranty obligations, unless otherwise. 7. Inspections and Tests 7.1 The City or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the City. The RFP shall specify what inspections and tests the City requires and where they are to be conducted. The City shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes. 7.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the Goods' final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the City. Conditions of Contract Traffic Operation Department Page 2 of 7 Page 192 of 214 7.3 Should any inspected or tested Goods fail to conform to the specified requirements,the City may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the City. 7.4 The City's right to inspect, test and, where necessary, reject the Goods after the Goods' arrival to the final destination shall in no way be limited or waived by reason of the Goods having previously been inspected,tested, and passed by the City or its representative prior to the Goods shipment. 7.5 Testing and inspecting under COC Clause 7 shall not in any way release the Supplier from any warranty or other obligations under this Contract. 8. Packing 8.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. 9. Delivery and Documents 9.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the RFP. 9.3 Documents to be submitted by the Supplier are specified in RFP. 10. Insurance 10.1 The Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery. 11. Transportation 11.1 The Supplier is required under Contract to deliver the Goods to the Project Location and bear all the associated costs. 12. Incidental Services 12.1 The Supplier may be required to provide any or all of the following services, including additional services, if any mentioned elsewhere in the RFP: a) performance or supervision of on-site assembly and/or start-up of the supplied Goods; b) furnishing of tools required for assembly and/or maintenance of the supplied Goods; c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; Conditions of Contract Traffic Operation Department Page 3 of 7 Page 193 of 214 d) performance or supervision or maintenance and/or repair of the supplied Goods,for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and e) training of the City's personnel, at the Supplier's plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods. 12.2 Prices charged by the Supplier for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. 14. Warranty 14.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the City's specifications) or from any act or omission of the Supplier,that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 14.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract unless specified otherwise elsewhere in the RFP. 14.3 The City shall promptly notify the Supplier in writing of any claims arising under this warranty. 14.4 Upon receipt of such notice, the Supplier shall, within 30 days and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the City. 14.5 If the Supplier, having been notified,fails to remedy the defect(s)within the period specified,the City may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the City may have against the Supplier under the Contract. 15. Payment 15.1 Full payment will be processed after the VMS is installed,tested, and fully accepted by the City. 15.2 The Supplier's request(s)for payment shall be made to the City in writing, accompanied by an invoice describing, as appropriate,the Goods delivered and Services performed accompanied by appropriate documentation, and upon fulfillment of other obligations stipulated in the Contract. 16. Prices Conditions of Contract Traffic Operation Department Page 4 of 7 Page 194 of 214 16.1 Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid,with the exception of any approved price adjustments. 17. Change Orders 17.1 The City may at any time, by a written order given to the Supplier make changes within the general scope of the Contract in any one or more of the following: a) drawings, designs, or specifications,where Goods to be furnished under the Contract are to be specifically manufactured for the City; b) the method of shipment or packing; c) the place of delivery; and/or d) Services to be provided by the Supplier. 17.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted within thirty(30) days from the date of the Supplier's receipt of the City's change order. 18. Contract Amendments 18.1 No variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 19. Assignment 19.1 The Supplier shall not assign, in whole or in part, its obligations to perform under this Contract, except with the City's prior written consent. 20. Subcontracts 20.1 The Supplier shall notify the City in writing of all subcontracts awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier from any liability or obligation under the Contract. 20.2 Subcontracts must comply with the provisions of COC Clauses. 21. Delays in the Supplier's Performance 21.1 Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the City in the RFP. 21.2 If at anytime during performance of the Contract,the Supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, Conditions of Contract Traffic Operation Department Page 5 of 7 Page 195 of 214 the Supplier shall promptly notify the City in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, the City shall evaluate the situation and may at its discretion extend the Supplier's time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of Contract. 21.3 Except as provided under COC Clause 24, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to COC Clause 22, unless an extension of time is agreed upon pursuant without the application of liquidated damages. 22. Liquidated Damages 22.1 Subject to COC Clause 24, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract,the City Will,without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum equal to 1/1000 of contract price per day of delay until actual delivery or performance, up to a maximum delay of 45 days. Once the maximum is reached,the City may consider termination of the Contract pursuant to the COC Clause 23. 23. Termination for Default 23.1 The City,without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part: a) if the Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the City pursuant to COC Clause 21; or b) if the Supplier fails to perform any other obligation(s) under the Contract. 23.2 In the event the City terminates the Contract in whole or in part, pursuant to COC Clause 23.1, the City may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the City for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated. 24. Force Majeure 24.1 Notwithstanding the provisions of COC Clauses 21, 22,and 23,the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 24.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such events may Conditions of Contract Traffic Operation Department Page 6 of 7 Page 196 of 214 include, but are not restricted to, acts of the City in its sovereign capacity, wars, fires, floods, epidemics. 24.3 If a Force Majeure situation arises,the Supplier shall promptly notify the City in writing of such condition and the cause thereof. Unless otherwise directed by the City in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 25. Termination for Insolvency 25.1 The City may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event,termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the City. 26. Termination for Convenience 26.1 The City, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the City's convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. 26.2 The Goods that are complete and ready for shipment within thirty(30) days after the Supplier's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods,the City may elect: c) to have any portion completed and delivered at the Contract terms and prices; and/or d) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Supplier. 28. Notices 28.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by email to the other party's address. 28.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later. Conditions of Contract Traffic Operation Department Page 7 of 7 Page 197 of 214 Pt. 200, App. II 2 CFR Ch. II (1-1-14 Edition) early notification about the requirements al- H.OTHER INFORMATION—OPTIONAL lows the potential applicant to decide not to This section may include any additional apply or to take needed actions before re- information that will assist a potential ap- ceiving the Federal award. The announce- plicant.For example,the section might: ment need not include all of the terms and i. Indicate whether this is a new program conditions of the Federal award, but may or a one-time initiative. refer to a document(with information about ii. Mention related programs or other up- how to obtain it) or Internet site where ap- coming or ongoing Federal awarding agency plicants can see the terms and conditions. If funding opportunities for similar activities. this funding opportunity will lead to Federal iii. Include current Internet addresses for awards with some special terms and condi- Federal awarding agency Web sites that may tions that differ from the Federal awarding be useful to an applicant in understanding agency's usual (sometimes called "general") the program. terms and conditions, this section should iv. Alert applicants to the need to identify highlight those special terms and conditions. proprietary information and inform them Doing so will alert applicants that have re- about the way the Federal awarding agency ceived Federal awards from the Federal will handle it. awarding agency previously and might not v. Include certain routine notices to appli- otherwise expect different terms and condi- cants (e.g., that the Federal government is not obligated to make any Federal award as tions. For the same reason, the announce- a result of the announcement or that only ment should inform potential applicants grants officers can bind the Federal govern- about special requirements that could apply ment to the expenditure of funds). to particular Federal awards after the review of applications and other information, based APPENDIX II TO PART 200—CONTRACT on the particular circumstances of the effort PROVISIONS FOR NON-FEDERAL ENTI- to be supported(e.g., if human subjects were TY CONTRACTS UNDER FEDERAL to be involved or if some situations may jus- AWARDS tify special terms on intellectual property, data sharing or security requirements). In addition to other provisions required by 3. Reporting—Required. This section must the Federal agency or non-Federal entity,all include general information about the type contracts made by the non-Federal entity (e.g., financial or performance), frequency, under the Federal award must contain provi- and means of submission (paper or elec- sions covering the following,as applicable. tronic) of post-Federal award reporting re- (A) Contracts for more than the simplified quirements. Highlight any special reporting acquisition threshold currently set at requirements for Federal awards under this $150,000, which is the inflation adjusted funding opportunity that differ (e.g., by re- amount determined by the Civilian Agency port type, frequency, form/format, or cir- Acquisition Council and the Defense Acquisi- tion tion Regulations Council (Councils) as au- umstances for use) from what the Federal thorized by 41 U.S.C. 1908, must address ad- awarding agency's Federal awards usually ministrative, contractual, or legal remedies require. in instances where contractors violate or G.FEDERAL AWARDING AGENCY CONTACT(S�— breach contract terms, and provide for such REQUIRED sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must The announcement must give potential ap- address termination for cause and for con- plicants a point(s) of contact for answering venience by the non-Federal entity including questions or helping with problems while the the manner by which it will be effected and funding opportunity is open. The intent of the basis for settlement. this requirement is to be as helpful as pos- (C) Equal Employment Opportunity. Ex- sible to potential applicants, so the Federal cept as otherwise provided under 41 CFR awarding agency should consider approaches Part 60, all contracts that meet the defini- such as giving: tion of "federally assisted construction con- i. Points of contact who may be reached in tract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 multiple ways (e.g., by telephone, FAX, and/ or email,as well as regular mail). CFR 601.4 in accordance with Executive 1 Order 112466,, "Equal Employment Oppor- ii. A fax or email address that multiple tunity" (30 FR 12319, 12935, 3 CFR Part, 1964- people access, so that someone will respond 1965 Comp., p. 339), as amended by Executive even if others are unexpectedly absent dur- Order 11375, "Amending Executive Order ing critical periods. 11246 Relating to Equal Employment Oppor- iii. Different contacts for distinct kinds of tunity," and implementing regulations at 41 help(e.g., one for questions of programmatic CFR part 60, "Office of Federal Contract content and a second for administrative Compliance Programs, Equal Employment questions). Opportunity,Department of Labor." 194 Page 198 of 214 OMB Guidance Pt. 200, App. II (D)Davis-Bacon Act,as amended(40 U.S.C. materials or articles ordinarily available on 3141-3148).When required by Federal program the open market, or contracts for transpor- legislation, all prime construction contracts tation or transmission of intelligence. in excess of $2,000 awarded by non-Federal (F) Rights to Inventions Made Under a entities must include a provision for compli- Contract or Agreement.If the Federal award ance with the Davis-Bacon Act (40 U.S.C. meets the definition of"funding agreement" 3141-3144, and 3146-3148) as supplemented by under 37 CFR §401.2 (a) and the recipient or Department of Labor regulations (29 CFR subrecipient wishes to enter into a contract Part 5, "Labor Standards Provisions Appli- with a small business firm or nonprofit orga- cable to Contracts Covering Federally Fi- nization regarding the substitution of par- nanced and Assisted Construction"). In ac- ties, assignment or performance of experi- cordance with the statute, contractors must mental, developmental, or research work be required to pay wages to laborers and me- under that "funding agreement," the recipi- chanics at a rate not less than the prevailing ent or subrecipient must comply with the re- wages specified in a wage determination quirements of 37 CFR Part 401, "Rights to In- made by the Secretary of Labor.In addition, ventions Made by Nonprofit Organizations contractors must be required to pay wages and Small Business Firms Under Govern- not less than once a week. The non-Federal ment Grants, Contracts and Cooperative entity must place a copy of the current pre- Agreements," and any implementing regula- vailing wage determination issued by the De- tions issued by the awarding agency. partment of Labor in each solicitation. The (G)Clean Air Act(42 U.S.C.7401-7671q.)and decision to award a contract or subcontract the Federal Water Pollution Control Act (33 must be conditioned upon the acceptance of U.S.C. 1251-1387), as amended—Contracts and the wage determination.The non-Federal en- subgrants of amounts in excess of $150,000 tity must report all suspected or reported must contain a provision that requires the violations to the Federal awarding agency. non-Federal award to agree to comply with The contracts must also include a provision all applicable standards, orders or regula- for compliance with the Copeland "Anti- tions issued pursuant to the Clean Air Act Kickback" Act (40 U.S.C. 3145), as supple- (42 U.S.C. 7401-7671q) and the Federal Water mented by Department of Labor regulations Pollution Control Act as amended(33 U.S.C. (29 CFR Part 3, "Contractors and Sub- 1251-1387).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Financed in Whole or in Part by Loans Office of the Environmental Protection or Grants from the United States"). The Act Agency(EPA). provides that each contractor or sub- (H) Mandatory standards and policies re- recipient must be prohibited from inducing, lating to energy efficiency which are con- by any means, any person employed in the tained in the state energy conservation plan construction, completion, or repair of public issued in compliance with the Energy Policy work, to give up any part of the compensa- and Conservation Act(42 U.S.C.6201). tion to which he or she is otherwise entitled. (I) Debarment and Suspension (Executive The non-Federal entity must report all sus- Orders 12549 and 12689)—A contract award pected or reported violations to the Federal (see 2 CFR 180.220) must not be made to par- awarding agency. ties listed on the governmentwide Excluded (E) Contract Work Hours and Safety Parties List System in the System for Award Standards Act (40 U.S.C. 3701-3708). Where Management (SAM), in accordance with the applicable,all contracts awarded by the non- OMB guidelines at 2 CFR 180 that implement Federal entity in excess of $100,000 that in- Executive Orders 12549 (3 CFR Part 1986 volve the employment of mechanics or labor- Comp., p. 189) and 12689 (3 CFR Part 1989 ers must include a provision for compliance Comp.,p.235), "Debarment and Suspension." with 40 U.S.C.3702 and 3704, as supplemented The Excluded Parties List System in SAM by Department of Labor regulations(29 CFR contains the names of parties debarred, sus- Part 5). Under 40 U.S.C. 3702 of the Act, each pended,or otherwise excluded by agencies,as contractor must be required to compute the well as parties declared ineligible under stat- wages of every mechanic and laborer on the utory or regulatory authority other than Ex- basis of a standard work week of 40 hours. ecutive Order 12549. Work in excess of the standard work week is (J) Byrd Anti-Lobbying Amendment (31 permissible provided that the worker is corn- U.S.C. 1352)—Contractors that apply or bid pensated at a rate of not less than one and a for an award of$100,000 or more must file the half times the basic rate of pay for all hours required certification. Each tier certifies to worked in excess of 40 hours in the work the tier above that it will not and has not week. The requirements of 40 U.S.C. 3704 are used Federal appropriated funds to pay any applicable to construction work and provide person or organization for influencing or at- that no laborer or mechanic must be re- tempting to influence an officer or employee quired to work in surroundings or under of any agency, a member of Congress, officer working conditions which are unsanitary, or employee of Congress,or an employee of a hazardous or dangerous. These requirements member of Congress in connection with ob- do not apply to the purchases of supplies or taining any Federal contract, grant or any 195 Page 199 of 214 Pt. 200, App. III 2 CFR Ch. II (1-1-14 Edition) other award covered by 31 U.S.C. 1352. Each (1) Sponsored research means all research tier must also disclose any lobbying with and development activities that are spon- non-Federal funds that takes place in con- sored by Federal and non-Federal agencies nection with obtaining any Federal award. and organizations.This term includes activi- Such disclosures are forwarded from tier to ties involving the training of individuals in tier up to the non-Federal award. research techniques (commonly called re- (K) See §200.322 Procurement of recovered search training)where such activities utilize materials. the same facilities as other research and de- velopment activities and where such activi- APPENDIX III TO PART 200—INDIRECT ties are not included in the instruction func- (F&A) COSTS IDENTIFICATION AND tion. ASSIGNMENT, AND RATE DETERMINA- (2) University research means all research TION FOR INSTITUTIONS OF HIGHER and development activities that are sepa- EDUCATION(IHES) rately budgeted and accounted for by the in- stitution under an internal application of in- A.GENERAL stitutional funds. University research, for This appendix provides criteria for identi- purposes of this document, must be com- fying and computing indirect (or indirect bined with sponsored research under the (F&A)) rates at IHES (institutions). Indirect function of organized research. (F&A) costs are those that are incurred for c. Other sponsored activities means programs common or joint objectives and therefore and projects financed by Federal and non- cannot be identified readily and specifically Federal agencies and organizations which in- with a particular sponsored project, an in- volve the performance of work other than in- structional activity, or any other institu- struction and organized research. Examples tional activity. See subsection B.1, Defini- of such programs and projects are health tion of Facilities and Administration, for a service projects and community service pro- discussion of the components of indirect grams.However,when any of these activities (F&A)costs. are undertaken by the institution without outside support, they may be classified as I.Major Functions of an Institution other institutional activities. d. Other institutional activities means all ac- Refers to instruction, organized research, sponsored activities and other searcsearchh,,institu- tivities of an institution except for instruc- tional activities as defined in this section: tion, departmental research, organized re- a. Instruction means the teaching and search, and other sponsored activities, as de- training activities of an institution. Except fined in this section; indirect (F&A) cost ac- for research training as provided in sub- tivities identified in this Appendix para- section b,this term includes all teaching and graph B,Identification and assignment of en- training activities, whether they are offered direct (F&A) costs; and specialized services for credits toward a degree or certificate or facilities described in §200.468 Specialized on a non-credit basis, and whether they are service facilities of this Part. offered through regular academic depart- Examples of other institutional activities ments or separate divisions, such as a sum- include operation of residence halls, dining mer school division or an extension division. halls, hospitals and clinics, student unions, Also considered part of this major function intercollegiate athletics, bookstores, faculty are departmental research, and, where housing, student apartments, guest houses, agreed to,university research. chapels,theaters,public museums,and other (1)Sponsored instruction and training means similar auxiliary enterprises. This definition specific instructional or training activity es- also includes any other categories of activi- tablished by grant, contract, or cooperative ties, costs of which are "unallowable" to agreement. For purposes of the cost prin- Federal awards, unless otherwise indicated ciples, this activity may be considered a in an award. major function even though an institution's 2.Criteria for Distribution accounting treatment may include it in the instruction function. a. Base period. A base period for distribu- (2) Departmental research means research, tion of indirect (F&A) costs is the period development and scholarly activities that during which the costs are incurred. The are not organized research and, con- base period normally should coincide with sequently, are not separately budgeted and the fiscal year established by the institution, accounted for. Departmental research, for but in any event the base period should be so purposes of this document, is not considered selected as to avoid inequities in the dis- as a major function, but as a part of the in- tribution of costs. struction function of the institution. b. Need for cost groupings. The overall ob- b. Organized research means all research jective of the indirect (F&A) cost allocation and development activities of an institution process is to distribute the indirect (F&A) that are separately budgeted and accounted costs described in Section B, Identification for.It includes: and assignment of indirect (F&A) costs, to 196 Page 200 of 214 FHWA-1273-- Revised May 1,2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General 3. A breach of any of the stipulations contained in these Il. Nondiscrimination Required Contract Provisions may be sufficient grounds for III. Nonsegregated Facilities withholding of progress payments,withholding of final IV. Davis-Bacon and Related Act Provisions payment,termination of the contract,suspension/debarment V. Contract Work Hours and Safety Standards Act or any other action determined to be appropriate by the Provisions contracting agency and FHWA. VI. Subletting or Assigning the Contract VII. Safety:Accident Prevention 4. Selection of Labor:During the performance of this contract, VIII. False Statements Concerning Highway Projects the contractor shall not use convict labor for any purpose IX. Implementation of Clean Air Act and Federal Water within the limits of a construction project on a Federal-aid Pollution Control Act highway unless it is labor performed by convicts who are on X. Compliance with Governmentwide Suspension and parole,supervised release,or probation. The term Federal-aid Debarment Requirements highway does not include roadways functionally classified as XI. Certification Regarding Use of Contract Funds for local roads or rural minor collectors. Lobbying ATTACHMENTS II. NONDISCRIMINATION A.Employment and Materials Preference for Appalachian The provisions of this section related to 23 CFR Part 230 are Development Highway System or Appalachian Local Access applicable to all Federal-aid construction contracts and to all Road Contracts(included in Appalachian contracts only) related construction subcontracts of$10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply,engineering,or architectural service contracts. I. GENERAL In addition,the contractor and all subcontractors must comply 1. Form FHWA-1273 must be physically incorporated in each with the following policies:Executive Order 11246,41 CFR 60, construction contract funded under Title 23(excluding 29 CFR 1625-1627,Title 23 USC Section 140,the emergency contracts solely intended for debris removal). The Rehabilitation Act of 1973,as amended(29 USC 794),Title VI contractor(or subcontractor)must insert this form in each of the Civil Rights Act of 1964,as amended,and related subcontract and further require its inclusion in all lower tier regulations including 49 CFR Parts 21,26 and 27;and 23 CFR subcontracts(excluding purchase orders,rental agreements Parts 200,230,and 633. and other agreements for supplies or services). The contractor and all subcontractors must comply with: the The applicable requirements of Form FHWA-1273 are requirements of the Equal Opportunity Clause in 41 CFR 60- incorporated by reference for work done under any purchase 1.4(b)and,for all construction contracts exceeding$10,000, order,rental agreement or agreement for other services. The the Standard Federal Equal Employment Opportunity prime contractor shall be responsible for compliance by any Construction Contract Specifications in 41 CFR 60-4.3. subcontractor,lower-tier subcontractor or service provider. Note:The U.S.Department of Labor has exclusive authority to Form FHWA-1273 must be included in all Federal-aid design- determine compliance with Executive Order 11246 and the build contracts,in all subcontracts and in lower tier policies of the Secretary of Labor including 41 CFR 60,and 29 subcontracts(excluding subcontracts for design services, CFR 1625-1627. The contracting agency and the FHWA have purchase orders,rental agreements and other agreements for the authority and the responsibility to ensure compliance with supplies or services). The design-builder shall be responsible Title 23 USC Section 140,the Rehabilitation Act of 1973,as for compliance by any subcontractor, lower-tier subcontractor amended(29 USC 794),and Title VI of the Civil Rights Act of or service provider. 1964,as amended,and related regulations including 49 CFR Parts 21,26 and 27;and 23 CFR Parts 200,230,and 633. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents,however,the The following provision is adopted from 23 CFR 230,Appendix Form FHWA-1273 must be physically incorporated(not A,with appropriate revisions to conform to the U.S. referenced)in all contracts,subcontracts and lower-tier Department of Labor(US DOL)and FHWA requirements. subcontracts(excluding purchase orders,rental agreements and other agreements for supplies or services related to a 1.Equal Employment Opportunity: Equal employment construction contract). opportunity(EEO)requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth 2. Subject to the applicability criteria noted in the following under laws,executive orders,rules,regulations(28 CFR 35, sections,these contract provisions shall apply to all work 29 CFR 1630,29 CFR 1625-1627,41 CFR 60 and 49 CFR 27) performed on the contract by the contractor's own organization and orders of the Secretary of Labor as modified by the and with the assistance of workers under the contractor's provisions prescribed herein,and imposed pursuant to 23 immediate superintendence and to all work performed on the U.S.C. 140 shall constitute the EEO and specific affirmative contract by piecework,station work,or by subcontract. action standards for the contractor's project activities under 1 Page 201 of 214 this contract.The provisions of the Americans with Disabilities 4.Recruitment:When advertising for employees,the Act of 1990(42 U.S.C. 12101 et seq.)set forth under 28 CFR contractor will include in all advertisements for employees the 35 and 29 CFR 1630 are incorporated by reference in this notation:"An Equal Opportunity Employer." All such contract. In the execution of this contract,the contractor advertisements will be placed in publications having a large agrees to comply with the following minimum specific circulation among minorities and women in the area from requirement activities of EEO: which the project work force would normally be derived. a.The contractor will work with the contracting agency and a. The contractor will,unless precluded by a valid the Federal Government to ensure that it has made every bargaining agreement,conduct systematic and direct good faith effort to provide equal opportunity with respect to all recruitment through public and private employee referral of its terms and conditions of employment and in their review sources likely to yield qualified minorities and women. To of activities under the contract. meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such b.The contractor will accept as its operating policy the identified sources procedures whereby minority and women following statement: applicants may be referred to the contractor for employment consideration. "It is the policy of this Company to assure that applicants are employed,and that employees are treated during b. In the event the contractor has a valid bargaining employment,without regard to their race,religion,sex,color, agreement providing for exclusive hiring hall referrals,the national origin,age or disability. Such action shall include: contractor is expected to observe the provisions of that employment,upgrading,demotion,or transfer; recruitment or agreement to the extent that the system meets the contractor's recruitment advertising;layoff or termination;rates of pay or compliance with EEO contract provisions. Where other forms of compensation;and selection for training, implementation of such an agreement has the effect of including apprenticeship,pre-apprenticeship,and/or on-the- discriminating against minorities or women,or obligates the job training." contractor to do the same,such implementation violates Federal nondiscrimination provisions. 2. EEO Officer:The contractor will designate and make known to the contracting officers an EEO Officer who will have c. The contractor will encourage its present employees to the responsibility for and must be capable of effectively refer minorities and women as applicants for employment. administering and promoting an active EEO program and who Information and procedures with regard to referring such must be assigned adequate authority and responsibility to do applicants will be discussed with employees. so. 5.Personnel Actions:Wages,working conditions,and 3. Dissemination of Policy:All members of the contractor's employee benefits shall be established and administered,and staff who are authorized to hire,supervise,promote,and personnel actions of every type,including hiring,upgrading, discharge employees,or who recommend such action,or who promotion,transfer,demotion,layoff,and termination,shall be are substantially involved in such action,will be made fully taken without regard to race,color,religion,sex,national cognizant of,and will implement,the contractor's EEO policy origin,age or disability. The following procedures shall be and contractual responsibilities to provide EEO in each grade followed: and classification of employment. To ensure that the above agreement will be met,the following actions will be taken as a a. The contractor will conduct periodic inspections of project minimum: sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site a. Periodic meetings of supervisory and personnel office personnel. employees will be conducted before the start of work and then not less often than once every six months,at which time the b. The contractor will periodically evaluate the spread of contractor's EEO policy and its implementation will be wages paid within each classification to determine any reviewed and explained. The meetings will be conducted by evidence of discriminatory wage practices. the EEO Officer. c. The contractor will periodically review selected personnel b. All new supervisory or personnel office employees will be actions in depth to determine whether there is evidence of given a thorough indoctrination by the EEO Officer,covering discrimination. Where evidence is found,the contractor will all major aspects of the contractor's EEO obligations within promptly take corrective action. If the review indicates that the thirty days following their reporting for duty with the contractor. discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the d. The contractor will promptly investigate all complaints of contractor's procedures for locating and hiring minorities and alleged discrimination made to the contractor in connection women. with its obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action d. Notices and posters setting forth the contractor's EEO within a reasonable time. If the investigation indicates that the policy will be placed in areas readily accessible to employees, discrimination may affect persons other than the complainant, applicants for employment and potential employees. such corrective action shall include such other persons. Upon completion of each investigation,the contractor will inform e. The contractor's EEO policy and the procedures to every complainant of all of their avenues of appeal. implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or 6.Training and Promotion: other appropriate means. a. The contractor will assist in locating,qualifying,and increasing the skills of minorities and women who are 2 Page 202 of 214 applicants for employment or current employees. Such efforts with the requirements for and comply with the Americans with should be aimed at developing full journey level status Disabilities Act and all rules and regulations established there employees in the type of trade or job classification involved. under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an b. Consistent with the contractor's work force requirements undue hardship. and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e., 9.Selection of Subcontractors,Procurement of Materials apprenticeship,and on-the-job training programs for the and Leasing of Equipment:The contractor shall not geographical area of contract performance. In the event a discriminate on the grounds of race,color,religion,sex, special provision for training is provided under this contract, national origin,age or disability in the selection and retention this subparagraph will be superseded as indicated in the of subcontractors,including procurement of materials and special provision. The contracting agency may reserve leases of equipment. The contractor shall take all necessary training positions for persons who receive welfare assistance and reasonable steps to ensure nondiscrimination in the in accordance with 23 U.S.C. 140(a). administration of this contract. c. The contractor will advise employees and applicants for a. The contractor shall notify all potential subcontractors and employment of available training programs and entrance suppliers and lessors of their EEO obligations under this requirements for each. contract. d. The contractor will periodically review the training and b. The contractor will use good faith efforts to ensure promotion potential of employees who are minorities and subcontractor compliance with their EEO obligations. women and will encourage eligible employees to apply for such training and promotion. 10. Assurance Required by 49 CFR 26.13(b): 7.Unions: If the contractor relies in whole or in part upon unions as a source of employees,the contractor will use good a. The requirements of 49 CFR Part 26 and the State faith efforts to obtain the cooperation of such unions to DOT's U.S.DOT-approved DBE program are incorporated by increase opportunities for minorities and women. Actions by reference. the contractor,either directly or through a contractor's association acting as agent,will include the procedures set b. The contractor or subcontractor shall not discriminate on forth below: the basis of race,color,national origin,or sex in the performance of this contract. The contractor shall carry out a. The contractor will use good faith efforts to develop,in applicable requirements of 49 CFR Part 26 in the award and cooperation with the unions,joint training programs aimed administration of DOT-assisted contracts. Failure by the toward qualifying more minorities and women for membership contractor to carry out these requirements is a material breach in the unions and increasing the skills of minorities and women of this contract,which may result in the termination of this so that they may qualify for higher paying employment. contract or such other remedy as the contracting agency deems appropriate. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such 11.Records and Reports:The contractor shall keep such union will be contractually bound to refer applicants without records as necessary to document compliance with the EEO regard to their race,color,religion,sex,national origin,age or requirements. Such records shall be retained for a period of disability. three years following the date of the final payment to the contractor for all contract work and shall be available at c. The contractor is to obtain information as to the referral reasonable times and places for inspection by authorized practices and policies of the labor union except that to the representatives of the contracting agency and the FHWA. extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such a. The records kept by the contractor shall document the information to the contractor,the contractor shall so certify to following: the contracting agency and shall set forth what efforts have been made to obtain such information. (1)The number and work hours of minority and non- minority group members and women employed in each work d. In the event the union is unable to provide the contractor classification on the project; with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement,the contractor will, (2)The progress and efforts being made in cooperation through independent recruitment efforts,fill the employment with unions,when applicable,to increase employment vacancies without regard to race,color,religion,sex, national opportunities for minorities and women;and origin,age or disability;making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union (3)The progress and efforts being made in locating,hiring, to provide sufficient referrals(even though it is obligated to training,qualifying,and upgrading minorities and women; provide exclusive referrals under the terms of a collective bargaining agreement)does not relieve the contractor from the b. The contractors and subcontractors will submit an annual requirements of this paragraph. In the event the union referral report to the contracting agency each July for the duration of practice prevents the contractor from meeting the obligations the project,indicating the number of minority,women,and pursuant to Executive Order 11246,as amended,and these non-minority group employees currently engaged in each work special provisions,such contractor shall immediately notify the classification required by the contract work. This information is contracting agency. to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of 8. Reasonable Accommodation for Applicants/ the last payroll period preceding the end of July. If on-the-job Employees with Disabilities: The contractor must be familiar training is being required by special provision,the contractor 3 Page 203 of 214 will be required to collect and report training data. The of paragraph 1.d.of this section;also,regular contributions employment data should reflect the work force on board during made or costs incurred for more than a weekly period(but not all or any part of the last payroll period preceding the end of less often than quarterly)under plans,funds,or programs July. which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate III.NONSEGREGATED FACILITIES wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to This provision is applicable to all Federal-aid construction skill,except as provided in 29 CFR 5.5(a)(4).Laborers or contracts and to all related construction subcontracts of mechanics performing work in more than one classification $10,000 or more. may be compensated at the rate specified for each classification for the time actually worked therein:Provided, The contractor must ensure that facilities provided for That the employer's payroll records accurately set forth the employees are provided in such a manner that segregation on time spent in each classification in which work is performed. the basis of race,color,religion,sex,or national origin cannot The wage determination(including any additional classification result. The contractor may neither require such segregated and wage rates conformed under paragraph 1.b.of this use by written or oral policies nor tolerate such use by section)and the Davis-Bacon poster(WH-1321)shall be employee custom. The contractor's obligation extends further posted at all times by the contractor and its subcontractors at to ensure that its employees are not assigned to perform their the site of the work in a prominent and accessible place where services at any location,under the contractor's control,where it can be easily seen by the workers. the facilities are segregated. The term"facilities"includes waiting rooms,work areas,restaurants and other eating areas, b.(1)The contracting officer shall require that any class of time clocks,restrooms,washrooms,locker rooms,and other laborers or mechanics,including helpers,which is not listed in storage or dressing areas,parking lots,drinking fountains, the wage determination and which is to be employed under the recreation or entertainment areas,transportation,and housing contract shall be classified in conformance with the wage provided for employees. The contractor shall provide separate determination.The contracting officer shall approve an or single-user restrooms and necessary dressing or sleeping additional classification and wage rate and fringe benefits areas to assure privacy between sexes. therefore only when the following criteria have been met: IV. DAVIS-BACON AND RELATED ACT PROVISIONS (i)The work to be performed by the classification requested is not performed by a classification in the wage This section is applicable to all Federal-aid construction determination;and projects exceeding$2,000 and to all related subcontracts and lower-tier subcontracts(regardless of subcontract size). The (ii)The classification is utilized in the area by the requirements apply to all projects located within the right-of- construction industry;and way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as (iii)The proposed wage rate,including any bona fide local roads or rural minor collectors,which are exempt. fringe benefits,bears a reasonable relationship to the Contracting agencies may elect to apply these requirements to wage rates contained in the wage determination. other projects. The following provisions are from the U.S.Department of (2)If the contractor and the laborers and mechanics to be Labor regulations in 29 CFR 5.5"Contract provisions and employed in the classification(if known),or their related matters"with minor revisions to conform to the FHWA- representatives,and the contracting officer agree on the 1273 format and FHWA program requirements. classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the 1. Minimum wages Administrator of the Wage and Hour Division,Employment Standards Administration, U.S.Department of Labor, a. All laborers and mechanics employed or working upon Washington,DC 20210.The Administrator,or an authorized the site of the work,will be paid unconditionally and not less representative,will approve,modify,or disapprove every often than once a week,and without subsequent deduction or additional classification action within 30 days of receipt and rebate on any account(except such payroll deductions as are so advise the contracting officer or will notify the contracting permitted by regulations issued by the Secretary of Labor officer within the 30-day period that additional time is under the Copeland Act(29 CFR part 3)),the full amount of necessary. wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less (3)In the event the contractor,the laborers or mechanics than those contained in the wage determination of the to be employed in the classification or their representatives, Secretary of Labor which is attached hereto and made a part and the contracting officer do not agree on the proposed hereof,regardless of any contractual relationship which may classification and wage rate(including the amount be alleged to exist between the contractor and such laborers designated for fringe benefits,where appropriate),the and mechanics. contracting officer shall refer the questions,including the views of all interested parties and the recommendation of the Contributions made or costs reasonably anticipated for bona contracting officer,to the Wage and Hour Administrator for fide fringe benefits under section 1(b)(2)of the Davis-Bacon determination.The Wage and Hour Administrator,or an Act on behalf of laborers or mechanics are considered wages authorized representative,will issue a determination within paid to such laborers or mechanics,subject to the provisions 30 days of receipt and so advise the contracting officer or 4 Page 204 of 214 will notify the contracting officer within the 30-day period that Bacon Act,the contractor shall maintain records which show additional time is necessary. that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible,and that the (4)The wage rate(including fringe benefits where plan or program has been communicated in writing to the appropriate)determined pursuant to paragraphs 1.b.(2)or laborers or mechanics affected,and records which show the 1.b.(3)of this section,shall be paid to all workers performing costs anticipated or the actual cost incurred in providing such work in the classification under this contract from the first benefits.Contractors employing apprentices or trainees under day on which work is performed in the classification. approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and c.Whenever the minimum wage rate prescribed in the trainees,and the ratios and wage rates prescribed in the contract for a class of laborers or mechanics includes a fringe applicable programs. benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination b.(1)The contractor shall submit weekly for each week in or shall pay another bona fide fringe benefit or an hourly cash which any contract work is performed a copy of all payrolls to equivalent thereof. the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be d. If the contractor does not make payments to a trustee or maintained under 29 CFR 5.5(a)(3)(i),except that full social other third person,the contractor may consider as part of the security numbers and home addresses shall not be included wages of any laborer or mechanic the amount of any costs on weekly transmittals. Instead the payrolls shall only need to reasonably anticipated in providing bona fide fringe benefits include an individually identifying number for each employee under a plan or program,Provided,That the Secretary of e.g.,the last four digits of the employee's social security Labor has found,upon the written request of the contractor, number).The required weekly payroll information may be that the applicable standards of the Davis-Bacon Act have submitted in any form desired.Optional Form WH-347 is been met.The Secretary of Labor may require the contractor available for this purpose from the Wage and Hour Division to set aside in a separate account assets for the meeting of Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm obligations under the plan or program. or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 2. Withholding Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency The contracting agency shall upon its own action or upon for transmission to the State DOT,the FHWA or the Wage and written request of an authorized representative of the Hour Division of the Department of Labor for purposes of an Department of Labor,withhold or cause to be withheld from investigation or audit of compliance with prevailing wage the contractor under this contract,or any other Federal requirements. It is not a violation of this section for a prime contract with the same prime contractor,or any other federally- contractor to require a subcontractor to provide addresses and assisted contract subject to Davis-Bacon prevailing wage social security numbers to the prime contractor for its own requirements,which is held by the same prime contractor,so records,without weekly submission to the contracting agency.. much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, (2)Each payroll submitted shall be accompanied by a including apprentices,trainees,and helpers,employed by the "Statement of Compliance,"signed by the contractor or contractor or any subcontractor the full amount of wages subcontractor or his or her agent who pays or supervises the required by the contract. In the event of failure to pay any payment of the persons employed under the contract and shall laborer or mechanic,including any apprentice,trainee,or certify the following: helper,employed or working on the site of the work,all or part of the wages required by the contract,the contracting agency may,after written notice to the contractor,take such action as (i)That the payroll for the payroll period contains the may be necessary to cause the suspension of any further information required to be provided under§5.5(a)(3)(ii)of payment,advance,or guarantee of funds until such violations Regulations,29 CFR part 5,the appropriate information is have ceased. being maintained under§5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and 3. Payrolls and basic records complete; a. Payrolls and basic records relating thereto shall be (ii)That each laborer or mechanic(including each maintained by the contractor during the course of the work and helper,apprentice,and trainee)employed on the contract preserved for a period of three years thereafter for all laborers during the payroll period has been paid the full weekly and mechanics working at the site of the work.Such records wages earned,without rebate,either directly or indirectly, shall contain the name,address,and social security number of and that no deductions have been made either directly or each such worker,his or her correct classification,hourly rates indirectly from the full wages earned,other than of wages paid(including rates of contributions or costs permissible deductions as set forth in Regulations,29 CFR anticipated for bona fide fringe benefits or cash equivalents part 3; thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, (iii)That each laborer or mechanic has been paid not deductions made and actual wages paid.Whenever the less than the applicable wage rates and fringe benefits or Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that cash equivalents for the classification of work performed, the wages of any laborer or mechanic include the amount of as specified in the applicable wage determination any costs reasonably anticipated in providing benefits under a incorporated into the contract. plan or program described in section 1(b)(2)(B)of the Davis- 5 Page 205 of 214 (3)The weekly submission of a properly executed rate specified in the applicable wage determination. certification set forth on the reverse side of Optional Form Apprentices shall be paid fringe benefits in accordance with WH-347 shall satisfy the requirement for submission of the the provisions of the apprenticeship program. If the "Statement of Compliance"required by paragraph 3.b.(2)of apprenticeship program does not specify fringe benefits, this section. apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable (4)The falsification of any of the above certifications may classification. If the Administrator determines that a different subject the contractor or subcontractor to civil or criminal practice prevails for the applicable apprentice classification, prosecution under section 1001 of title 18 and section 231 of fringes shall be paid in accordance with that determination. title 31 of the United States Code. In the event the Office of Apprenticeship Training,Employer c.The contractor or subcontractor shall make the records and Labor Services,or a State Apprenticeship Agency required under paragraph 3.a.of this section available for recognized by the Office,withdraws approval of an inspection,copying,or transcription by authorized apprenticeship program,the contractor will no longer be representatives of the contracting agency,the State DOT,the permitted to utilize apprentices at less than the applicable FHWA, or the Department of Labor,and shall permit such predetermined rate for the work performed until an acceptable representatives to interview employees during working hours program is approved. on the job.If the contractor or subcontractor fails to submit the required records or to make them available,the FHWA may, b.Trainees(programs of the USDOL). after written notice to the contractor,the contracting agency or the State DOT,take such action as may be necessary to Except as provided in 29 CFR 5.16,trainees will not be cause the suspension of any further payment,advance,or permitted to work at less than the predetermined rate for the guarantee of funds.Furthermore,failure to submit the required work performed unless they are employed pursuant to and records upon request or to make such records available may individually registered in a program which has received prior be grounds for debarment action pursuant to 29 CFR 5.12. approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training 4. Apprentices and trainees Administration. a.Apprentices(programs of the USDOL). The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Apprentices will be permitted to work at less than the Employment and Training Administration. predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide Every trainee must be paid at not less than the rate specified apprenticeship program registered with the U.S.Department of in the approved program for the trainee's level of progress, Labor, Employment and Training Administration,Office of expressed as a percentage of the journeyman hourly rate Apprenticeship Training,Employer and Labor Services,or with specified in the applicable wage determination.Trainees shall a State Apprenticeship Agency recognized by the Office,or if a be paid fringe benefits in accordance with the provisions of the person is employed in his or her first 90 days of probationary trainee program.If the trainee program does not mention employment as an apprentice in such an apprenticeship fringe benefits,trainees shall be paid the full amount of fringe program,who is not individually registered in the program,but benefits listed on the wage determination unless the who has been certified by the Office of Apprenticeship Administrator of the Wage and Hour Division determines that Training,Employer and Labor Services or a State there is an apprenticeship program associated with the Apprenticeship Agency(where appropriate)to be eligible for corresponding journeyman wage rate on the wage probationary employment as an apprentice. determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee The allowable ratio of apprentices to journeymen on the job rate who is not registered and participating in a training plan site in any craft classification shall not be greater than the ratio approved by the Employment and Training Administration shall permitted to the contractor as to the entire work force under be paid not less than the applicable wage rate on the wage the registered program.Any worker listed on a payroll at an determination for the classification of work actually performed. apprentice wage rate,who is not registered or otherwise In addition,any trainee performing work on the job site in employed as stated above,shall be paid not less than the excess of the ratio permitted under the registered program applicable wage rate on the wage determination for the shall be paid not less than the applicable wage rate on the classification of work actually performed. In addition,any wage determination for the work actually performed. apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not In the event the Employment and Training Administration less than the applicable wage rate on the wage determination withdraws approval of a training program,the contractor will no for the work actually performed.Where a contractor is longer be permitted to utilize trainees at less than the performing construction on a project in a locality other than applicable predetermined rate for the work performed until an that in which its program is registered,the ratios and wage acceptable program is approved. rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or subcontractor's registered c. Equal employment opportunity.The utilization of program shall be observed. apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity Every apprentice must be paid at not less than the rate requirements of Executive Order 11246,as amended,and 29 specified in the registered program for the apprentice's level of CFR part 30. progress,expressed as a percentage of the journeymen hourly 6 Page 206 of 214 d. Apprentices and Trainees(programs of the U.S.DOT). Apprentices and trainees working under apprenticeship and V. CONTRACT WORK HOURS AND SAFETY skill training programs which have been certified by the STANDARDS ACT Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not The following clauses apply to any Federal-aid construction subject to the requirements of paragraph 4 of this Section IV. contract in an amount in excess of$100,000 and subject to the The straight time hourly wage rates for apprentices and overtime provisions of the Contract Work Hours and Safety trainees under such programs will be established by the Standards Act.These clauses shall be inserted in addition to particular programs.The ratio of apprentices and trainees to the clauses required by 29 CFR 5.5(a)or 29 CFR 4.6. As journeymen shall not be greater than permitted by the terms of used in this paragraph,the terms laborers and mechanics the particular program. include watchmen and guards. 5.Compliance with Copeland Act requirements. The 1.Overtime requirements. No contractor or subcontractor contractor shall comply with the requirements of 29 CFR part contracting for any part of the contract work which may require 3,which are incorporated by reference in this contract. or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any 6.Subcontracts. The contractor or subcontractor shall insert workweek in which he or she is employed on such work to Form FHWA-1273 in any subcontracts and also require the work in excess of forty hours in such workweek unless such subcontractors to include Form FHWA-1273 in any lower tier laborer or mechanic receives compensation at a rate not less subcontracts.The prime contractor shall be responsible for the than one and one-half times the basic rate of pay for all hours compliance by any subcontractor or lower tier subcontractor worked in excess of forty hours in such workweek. with all the contract clauses in 29 CFR 5.5. 2.Violation; liability for unpaid wages; liquidated 7.Contract termination:debarment. A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph(1.)of this section,the contractor and any of the contract,and for debarment as a contractor and a subcontractor responsible therefor shall be liable for the subcontractor as provided in 29 CFR 5.12. unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such 8.Compliance with Davis-Bacon and Related Act District or to such territory),for liquidated damages.Such requirements. All rulings and interpretations of the Davis- liquidated damages shall be computed with respect to each Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 individual laborer or mechanic, including watchmen and are herein incorporated by reference in this contract. guards,employed in violation of the clause set forth in paragraph(1.)of this section,in the sum of$10 for each 9.Disputes concerning labor standards.Disputes arising calendar day on which such individual was required or out of the labor standards provisions of this contract shall not permitted to work in excess of the standard workweek of forty be subject to the general disputes clause of this contract.Such hours without payment of the overtime wages required by the clause set forth in paragraph(1.)of this section. disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning of this clause include disputes 3.Withholding for unpaid wages and liquidated damages. between the contractor(or any of its subcontractors)and the The FHWA or the contacting agency shall upon its own action contracting agency,the U.S.Department of Labor,or the or upon written request of an authorized representative of the employees or their representatives. Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the 10.Certification of eligibility. contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work a. By entering into this contract,the contractor certifies that Hours and Safety Standards Act,which is held by the same neither it(nor he or she)nor any person or firm who has an prime contractor,such sums as may be determined to be interest in the contractor's firm is a person or firm ineligible to necessary to satisfy any liabilities of such contractor or be awarded Government contracts by virtue of section 3(a)of subcontractor for unpaid wages and liquidated damages as the Davis-Bacon Act or 29 CFR 5.12(a)(1). provided in the clause set forth in paragraph(2.)of this section. b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue 4.Subcontracts. The contractor or subcontractor shall insert of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). in any subcontracts the clauses set forth in paragraph (1.) through(4.)of this section and also a clause requiring the c.The penalty for making false statements is prescribed in the subcontractors to include these clauses in any lower tier U.S.Criminal Code, 18 U.S.C. 1 tate subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(1.)through(4.)of this section. 7 Page 207 of 214 evidenced in writing and that it contains all pertinent provisions VI.SUBLETTING OR ASSIGNING THE CONTRACT and requirements of the prime contract. This provision is applicable to all Federal-aid construction 5.The 30%self-performance requirement of paragraph(1)is contracts on the National Highway System. not applicable to design-build contracts;however,contracting agencies may establish their own self-performance 1.The contractor shall perform with its own organization requirements. contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items VII.SAFETY:ACCIDENT PREVENTION designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such T h i s p r o v i s i o n i s applicable to all Federal-aid specialty items performed may be deducted from the total construction contracts and to all related subcontracts. original contract price before computing the amount of work required to be performed by the contractor's own organization 1. In the performance of this contract the contractor shall (23 CFR 635.116). comply with all applicable Federal,State,and local laws governing safety,health,and sanitation(23 CFR 635).The a. The term"perform work with its own organization"refers contractor shall provide all safeguards,safety devices and to workers employed or leased by the prime contractor,and protective equipment and take any other needed actions as it equipment owned or rented by the prime contractor,with or determines,or as the contracting officer may determine,to be without operators. Such term does not include employees or reasonably necessary to protect the life and health of equipment of a subcontractor or lower tier subcontractor, employees on the job and the safety of the public and to agents of the prime contractor,or any other assignees. The protect property in connection with the performance of the term may include payments for the costs of hiring leased work covered by the contract. employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased 2. It is a condition of this contract,and shall be made a employees may only be included in this term if the prime condition of each subcontract,which the contractor enters into contractor meets all of the following conditions: pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance (1)the prime contractor maintains control over the of the contract,to work in surroundings or under conditions supervision of the day-to-day activities of the leased which are unsanitary,hazardous or dangerous to his/her employees; health or safety,as determined under construction safety and (2)the prime contractor remains responsible for the quality health standards(29 CFR 1926)promulgated by the Secretary of the work of the leased employees; of Labor,in accordance with Section 107 of the Contract Work (3)the prime contractor retains all power to accept or Hours and Safety Standards Act(40 U.S.C.3704). exclude individual employees from work on the project;and (4)the prime contractor remains ultimately responsible for 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract the payment of predetermined minimum wages,the that the Secretary of Labor or authorized representative submission of payrolls,statements of compliance and all thereof,shall have right of entry to any site of contract other Federal regulatory requirements. performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry b."Specialty Items"shall be construed to be limited to work out the duties of the Secretary under Section 107 of the that requires highly specialized knowledge,abilities,or Contract Work Hours and Safety Standards Act(40 equipment not ordinarily available in the type of contracting U.S.C.3704). organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. VIII.FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS 2.The contract amount upon which the requirements set forth in paragraph(1)of Section VI is computed includes the cost of T h i s p r o v i s i o n i s applicable to all Federal-aid material and manufactured products which are to be construction contracts and to all related subcontracts. purchased or produced by the contractor under the contract provisions. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high 3.The contractor shall furnish(a)a competent superintendent degree of reliability on statements and representations made or supervisor who is employed by the firm,has full authority to by engineers,contractors,suppliers,and workers on Federal- direct performance of the work in accordance with the contract aid highway projects,it is essential that all persons concerned requirements,and is in charge of all construction operations with the project perform their functions as carefully,thoroughly, (regardless of who performs the work)and(b)such other of its and honestly as possible. Willful falsification,distortion,or own organizational resources(supervision,management,and misrepresentation with respect to any facts related to the engineering services)as the contracting officer determines is project is a violation of Federal law. To prevent any necessary to assure the performance of the contract. misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each 4.No portion of the contract shall be sublet,assigned or Federal-aid highway project(23 CFR 635)in one or more otherwise disposed of except with the written consent of the places where it is readily available to all persons concerned contracting officer,or authorized representative,and such with the project: consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the 18 U.S.C. 1020 reads as follows: contracting agency has assured that each subcontract is 8 Page 208 of 214 "Whoever,being an officer,agent,or employee of the United covered transaction.The prospective first tier participant shall States,or of any State or Territory,or whoever,whether a submit an explanation of why it cannot provide the certification person,association,firm,or corporation,knowingly makes any set out below.The certification or explanation will be false statement,false representation,or false report as to the considered in connection with the department or agency's character,quality,quantity,or cost of the material used or to determination whether to enter into this transaction.However, be used,or the quantity or quality of the work performed or to failure of the prospective first tier participant to furnish a be performed,or the cost thereof in connection with the certification or an explanation shall disqualify such a person submission of plans,maps,specifications,contracts,or costs from participation in this transaction. of construction on any highway or related project submitted for approval to the Secretary of Transportation;or c.The certification in this clause is a material representation of fact upon which reliance was placed when the contracting Whoever knowingly makes any false statement,false agency determined to enter into this transaction. If it is later representation,false report or false claim with respect to the determined that the prospective participant knowingly rendered character,quality,quantity,or cost of any work performed or to an erroneous certification,in addition to other remedies be performed,or materials furnished or to be furnished,in available to the Federal Government,the contracting agency connection with the construction of any highway or related may terminate this transaction for cause of default. project approved by the Secretary of Transportation;or d.The prospective first tier participant shall provide Whoever knowingly makes any false statement or false immediate written notice to the contracting agency to whom representation as to material fact in any statement,certificate, this proposal is submitted if any time the prospective first tier or report submitted pursuant to provisions of the Federal-aid participant learns that its certification was erroneous when Roads Act approved July 1, 1916,(39 Stat.355),as amended submitted or has become erroneous by reason of changed and supplemented; circumstances. Shall be fined under this title or imprisoned not more than 5 e.The terms"covered transaction,""debarred," years or both." "suspended,""ineligible,""participant,""person," "principal," and"voluntarily excluded,"as used in this clause,are defined in 2 CFR Parts 180 and 1200. "First Tier Covered IX.IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL Transactions"refers to any covered transaction between a WATER POLLUTION CONTROL ACT grantee or subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered This provision is applicable to all Federal-aid construction Transactions"refers to any covered transaction under a First contracts and to all related subcontracts. Tier Covered Transaction(such as subcontracts). "First Tier Participant"refers to the participant who has entered into a By submission of this bid/proposal or the execution of this covered transaction with a grantee or subgrantee of Federal contract,or subcontract,as appropriate,the bidder,proposer, funds(such as the prime or general contractor). "Lower Tier Federal-aid construction contractor,or subcontractor,as Participant"refers any participant who has entered into a appropriate,will be deemed to have stipulated as follows: covered transaction with a First Tier Participant or other Lower Tier Participants(such as subcontractors and suppliers). 1.That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an f.The prospective first tier participant agrees by submitting award due to a violation of Section 508 of the Clean Water Act this proposal that,should the proposed covered transaction be or Section 306 of the Clean Air Act. entered into,it shall not knowingly enter into any lower tier 2.That the contractor agrees to include or cause to be covered transaction with a person who is debarred, included the requirements of paragraph(1)of this Section X in suspended,declared ineligible,or voluntarily excluded from every subcontract,and further agrees to take such action as participation in this covered transaction, unless authorized by the contracting agency may direct as a means of enforcing the department or agency entering into this transaction. such requirements. g.The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled X.CERTIFICATION REGARDING DEBARMENT, "Certification Regarding Debarment,Suspension, Ineligibility SUSPENSION,INELIGIBILITY AND VOLUNTARY and Voluntary Exclusion-Lower Tier Covered Transactions," EXCLUSION provided by the department or contracting agency,entering into this covered transaction,without modification, in all lower This provision is applicable to all Federal-aid construction tier covered transactions and in all solicitations for lower tier contracts,design-build contracts,subcontracts,lower-tier covered transactions exceeding the$25,000 threshold. subcontracts,purchase orders,lease agreements,consultant contracts or any other covered transaction requiring FHWA h.A participant in a covered transaction may rely upon a approval or that is estimated to cost$25,000 or more— as certification of a prospective participant in a lower tier covered defined in 2 CFR Parts 180 and 1200. transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, 1.Instructions for Certification—First Tier Participants: debarred,or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals,as well as a.By signing and submitting this proposal,the prospective the eligibility of any lower tier prospective participants,each first tier participant is providing the certification set out below. participant may,but is not required to,check the Excluded Parties List System website(https://www.ep1s.gov/),which is b.The inability of a person to provide the certification set out compiled by the General Services Administration. below will not necessarily result in denial of participation in this 9 Page 209 of 214 i. Nothing contained in the foregoing shall be construed to this transaction originated may pursue available remedies, require the establishment of a system of records in order to including suspension and/or debarment. render in good faith the certification required by this clause. The knowledge and information of the prospective participant c.The prospective lower tier participant shall provide is not required to exceed that which is normally possessed by immediate written notice to the person to which this proposal is a prudent person in the ordinary course of business dealings. submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of j.Except for transactions authorized under paragraph(f)of changed circumstances. these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a d.The terms'covered transaction,""debarred," person who is suspended,debarred,ineligible,or voluntarily "suspended,""ineligible,""participant,""person,""principal," excluded from participation in this transaction,in addition to and"voluntarily excluded,"as used in this clause,are defined other remedies available to the Federal Government,the in 2 CFR Parts 180 and 1200. You may contact the person to department or agency may terminate this transaction for cause which this proposal is submitted for assistance in obtaining a or default. copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or ***** subgrantee of Federal funds and a participant(such as the prime or general contract). "Lower Tier Covered Transactions" 2. Certification Regarding Debarment,Suspension, refers to any covered transaction under a First Tier Covered Ineligibility and Voluntary Exclusion—First Tier Transaction(such as subcontracts). "First Tier Participant' Participants: refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds a. The prospective first tier participant certifies to the best of (such as the prime or general contractor). "Lower Tier its knowledge and belief,that it and its principals: Participant'refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower (1) Are not presently debarred,suspended,proposed for Tier Participants(such as subcontractors and suppliers). debarment,declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal e.The prospective lower tier participant agrees by department or agency; submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into (2) Have not within a three-year period preceding this any lower tier covered transaction with a person who is proposal been convicted of or had a civil judgment rendered debarred,suspended,declared ineligible,or voluntarily against them for commission of fraud or a criminal offense in excluded from participation in this covered transaction,unless connection with obtaining,attempting to obtain,or performing authorized by the department or agency with which this a public(Federal,State or local)transaction or contract under transaction originated. a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, f.The prospective lower tier participant further agrees by bribery,falsification or destruction of records,making false submitting this proposal that it will include this clause titled statements,or receiving stolen property; "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," (3) Are not presently indicted for or otherwise criminally or without modification,in all lower tier covered transactions and civilly charged by a governmental entity(Federal,State or in all solicitations for lower tier covered transactions exceeding local)with commission of any of the offenses enumerated in the$25,000 threshold. paragraph(a)(2)of this certification;and g.A participant in a covered transaction may rely upon a (4) Have not within a three-year period preceding this certification of a prospective participant in a lower tier covered application/proposal had one or more public transactions transaction that is not debarred,suspended,ineligible,or (Federal,State or local)terminated for cause or default. voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous.A participant is b. Where the prospective participant is unable to certify to responsible for ensuring that its principals are not suspended, any of the statements in this certification,such prospective debarred,or otherwise ineligible to participate in covered participant shall attach an explanation to this proposal. transactions. To verify the eligibility of its principals,as well as the eligibility of any lower tier prospective participants,each 2.Instructions for Certification-Lower Tier Participants: participant may,but is not required to,check the Excluded Parties List System website(https://www.epls.gov/),which is (Applicable to all subcontracts,purchase orders and other compiled by the General Services Administration. lower tier transactions requiring prior FHWA approval or estimated to cost$25,000 or more-2 CFR Parts 180 and h.Nothing contained in the foregoing shall be construed to 1200) require establishment of a system of records in order to render in good faith the certification required by this clause.The a.By signing and submitting this proposal,the prospective knowledge and information of participant is not required to lower tier is providing the certification set out below. exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. b.The certification in this clause is a material representation of fact upon which reliance was placed when this transaction i.Except for transactions authorized under paragraph a of was entered into. If it is later determined that the prospective these instructions,if a participant in a covered transaction lower tier participant knowingly rendered an erroneous knowingly enters into a lower tier covered transaction with a certification,in addition to other remedies available to the person who is suspended,debarred,ineligible,or voluntarily Federal Government,the department,or agency with which excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the 10 Page 210 of 214 department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1.The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2.Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. XI.CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000(49 CFR 20). 1.The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 3.The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. 11 Page 211 of 214 ATTACHMENT A-EMPLOYMENT AND MATERIALS 6.The contractor shall include the provisions of Sections 1 PREFERENCE FOR APPALACHIAN DEVELOPMENT through 4 of this Attachment A in every subcontract for work HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS which is,or reasonably may be,done as on-site work. ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1.During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a.To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph(1c)shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work,except as provided in subparagraph(4)below. 2.The contractor shall place a job order with the State Employment Service indicating(a)the classifications of the laborers, mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which the participant estimates such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified,the participant shall promptly notify the State Employment Service. 3.The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion,are not qualified to perform the classification of work required. 4. If,within one week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate,notwithstanding the provisions of subparagraph(1c) above. 5. The provisions of 23 CFR 633.207(e)allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 Page 212 of 214 CITY OF WATERLOO Council Communication 4:10 p.m. Work Session, Harold E. Getty Council Chambers City Council Meeting: 9/14/2020 Prepared: Submitted by: Submitted By: Page 213 of 214 CITY OF WATERLOO Council Communication Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Gary Ciddio, ten-year Fire Lieutenant, effective August 20, 2020 with recommendation of approval of payout of$9,591.12 for unused benefits. City Council Meeting: 9/14/2020 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Fire Rescue Department on the notice of SUBJECT: the conclusion of employment for Gary Ciddio, ten-year Fire Lieutenant, effective August 20. 2020 with recommendation of approval of payout of $9,591.12 for unused benefits. Submitted by: Submitted By: Page 214 of 214