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Council Packet - 5/17/2021 (2)
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT Harold E. Getty Council Chambers Monday, May 17, 2021 5:30 PM CITYOF 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 REGULAR SESSION AGENDA A 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 public is required to follow the rules listed in this article when speaking during any meeting of the city council a At the presiding officer's discretion,individuals may address the presiding officer by stepping to the podium,and after recognition by the presiding officer,shall state their name,address and group affiliation,if appropriate,and speak clearly into the microphone. C. Comments shall be germane and refrain from personal,impertinent,or slanderous remarks. D. Cell phones and electronic devices shall be set to silent prior to the start of the meeting. Page 1 of 610 RULES FOR PUBLIC COMMENT SECTION OF THE AGENDA A. Individuals shall speak one (1) time on only one (1) issue for a maximum of five (5) minutes only if they have registered with the city clerk's office no later than 4:00 p.m. on the day of the council meeting. Individuals who have not registered shall not be permitted to speak during the public comment portion of the agenda. Individuals shall only speak on matters not listed on the regular session agenda for that date. Any matter presented shall be directed to the presiding officer and addressed, if necessary, after the meeting.;Individuals may call the city clerk's office at 319-291-4323 or email clerks@waterloo-ia.org. B. Council members may speak during public comment portion of the agenda after the public has finished speaking C. City staff shall not be required to provide an immediate answer to a matter presented during a council meeting unless it specifically pertains to an item on the agenda RULES FOR PUBLIC COMMENT DURING PUBLIC HEARINGS Individuals may speak during the public comment portion of a scheduled public hearing for a maximum of three (3) minutes or may submit written comments to the city clerk by 4:00 p.m. on the day of the public hearing. Groups of citizens with similar viewpoints are encouraged to select a representative to share the viewpoint of the group. RULES FOR PUBLIC COMMENT DURING AGENDA ITEMS At the discretion of the presiding officer,individuals may speak for a maximum of three (3)minutes when the council discusses agenda items. This section does not apply to businesses or parties directly involved in agenda items. Roll Call. Prayer or Moment of Silence Pledge of Allegiance Sharon Juon, At-Large Council Member Agenda, as proposed or amended. Minutes of May 3, 2021, Regular Session, as proposed. PUBLIC COMMENTS 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 authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed mowing, snow removal, and property cleanups. Page 2 of 610 Submitted By: Martin M. Peterson, City Attorney 3. Resolution approving preliminary plans, specifications, bid documents, etc., setting date of bid opening as June 10, 2021, and date of public hearing as June 21, 2021, in conjunction with the Ridgeway Towers Boiler Replacement Project, and instruct the City Clerk to publish notice. Submitted By: Julie Dawson, Housing Authority Director 4. Resolution approving the submission of a grant application to the HUD's Office of Lead Hazard Control and Healthy Homes, for a 36-month grant in the amount of$500,000 for the Older Adult Home Modification Program. Submitted By: Rudy D. Jones, Community Development Director 5. Resolution approving the contract for the grant award between Waterloo Housing Trust Fund 8 and the City of Waterloo Community Development Department, in the amount of $28,267 for repairs to existing single family owner occupied homes, of which $5,500 of this award must be spent on households at or below 30% of Area Median Income or lower, and authorizing the Community Development Director to execute said document. Submitted By: Rudy D. Jones, Community Development Director 6. Resolution approving request of Scott Ford for a waiver for a concrete approach located at 1661 Wakonda Drive due to right of way issues. Submitted By: Jamie Knutson, PE, City Engineer 7. Resolution approving request of Jessica Payne for a waiver for a concrete driveway, located at 3675 Cedar Terrace Drive, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 8. Resolution approving request of Claire Lichty-Mastin for a waiver for a concrete driveway, located at 500 Magnolia Parkway (approach located on Upton Avenue), 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 9. Resolution approving award of bid to Peterson Contractors, Inc., of Reinbeck, Iowa, in an amount not to exceed $8,639,212.15, and approving the contract, bonds, and certificate of insurance in conjunction with FY 2021 Shaulis Road Reconstruction- Hess Road to Hwy. 218, Contract No. 1020, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel,Associate Engineer 10. Resolution setting date of public hearing as June 7, 2021 to approve proposed repairs, in conjunction with the 2021 Sidewalk Inspection and Repair Program—Zone 1, and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and instruct the City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 11. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with the FY 2021 Upton Avenue and Carriage Hill Drive Storm Water Improvements, Contract No. 1010, and instruct the City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 12. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with the FY 2020 Westdale Bioswale, Contract No. 997, and instruct the City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE,Associate Engineer Page 3 of 610 13. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with the FY 2020 Westdale Bioswale Landscaping, Contract No. 1048, and instruct the City Clerk to publish notice. Submitted By: Wayne Castle, PLS, PE,Associate Engineer 14. Resolution approving support for submission of State Revolving Fund Intended Use Plan for the US Highway 63 South Interceptor Sewer Upgrade Project to the Iowa Department of Natural Resources. Submitted By: Brian Bowman, Treatment Operations Supervisor 15. Resolution setting date of public hearing as June 7, 2021 to approve a request by St. Martin Land Co., on behalf of CPM Acquisition Corp., for a Site Plan Amendment to the "M-2,P" Planned Industrial District, for construction of a 140,000 square foot Manufacturing/Office/Warehouse facility with future additions of 30,000 square feet, for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road, and instruct the City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director 16. Resolution approving a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a COVID-19 Relief Recreational Trails Program grant application for the replacement of the Cedar Prairie Trail Bridge, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 17. Resolution setting a date of public hearing as June 7, 2021 to authorize the sale and conveyance of city owned property formerly 322 and 326 Crescent Place to Willie Outlaw, in the amount of$1.00 with a Development Agreement for the construction of a new garage, and instruct City Clerk to publish notice. Submitted By:Noel Anderson, Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Inv. Jeremy Copp Class/Meeting: Homicide Investigation& Crime Scene Management Destination: Hiawatha, Iowa Dates: June 8-10, 2021 Amount not to exceed: $390 b. Matt Chesmore, Jon Martin, Kelly Martin- Community Development Class/Meeting: Ethics Training for Specialists Destination: Online training Dates: June 16, 2021 Amount not to exceed: $885 C. Chris Youngblut, Technology Director Class/Meeting:2021 Iowa Technology and Geospatial Conference Destination: West Des Moines, Iowa Dates: June 16th-18th, 2021 Amount not to exceed: $600 2. LIQUOR LICENSES Page 4 of 610 a. Anton's Garden, 518 Sycamore Street Class: Special Class C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date:4/30/2022 b. Basal Pizza, 225 W. 4th Street Class: C Liquor w/Outdoor Service Renewal Application Does not include Sunday Expiration Date:4/30/2022 C. CVS/Pharmacy#8544, 1825 E. San Marnan Drive Class: E Liquor/B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 5/31/2022 d. Hy-Vee Food Store#2, 2181 Logan Avenue Class: B Wine/C Beer/E Liquor Renewal Application Includes Sunday Expiration Date: 3/23/2022 e. South Hills Golf Shop, 1830 E. Shaulis Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/28/2022 £ Ali's Corner, 1117 E. 4th Street Class: E Liquor/B Wine/ C Beer Renewal Application Includes Sunday Expiration Date: 3/31/2022 g. J's R&B Lounge, 501 Independence Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date:4/6/2022 h. Main Street Waterloo, Lincoln Park Class: B Beer and Outdoor Service New Application Does not include Sunday Expiration Date: 5/28/2021 i. S&M Entertainment *6 month* Class: C Liquor New Application Does not include Sunday Expiration Date: 10/7/2021 3. APPOINTMENTS a. Terry Scheffert Board/Commission:Memorial Hall Commission Expiration Date: December 31, 2021 New Appointment Page 5 of 610 4. Motion approving Change Order No. 3 with Woodruff Construction, of Waterloo, Iowa, for a net increase of $36,738, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modification Project, Contract No. 994, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 5. Motion approving Change Order No. 3 with WRH, Inc., of South Amana, Iowa, for a net increase of $36,866.50, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, Contract No. 1021, and authorizing the Mayor to execute said document. Submitted By: Brian Bowman, Treatment Operations Supervisor 6. Motion approving Change Order No. 13 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of $1,590, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 7. Motion approving Change Order No. 13 with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of $8,551, in conjunction with the FY 2020 Courtland Street, Jefferson Street, and Mulberry Street Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 8. Motion approving Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of$18,150.05, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Matt Schindel, Associate Engineer 9. Recommendation of appointment of Cody Demaro, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective June 1, 2021. Submitted By: Brian Bowman, Treatment Operations Supervisor 10. Recommendation of appointment of Cody Paine, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective June 1, 2021. Submitted By: Brian Bowman, Treatment Operations Supervisor 11. Recommendation of appointment of Kyle Kayser, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective June 1, 2021. Submitted By: Brian Bowman, Treatment Operations Supervisor 12. Recommendation of appointment of Courtney Coleman to the position of Member Services/Marketing Specialist, in the Leisure Services Department, effective June 1, 2021. Submitted By: Paul Huting, Leisure Services Director 13. Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850 Park Road, on June 5, 12, July 3, 4, 10, 17, 31 and August 14, 2021 starting at 10:00 p.m. and lasting for ten minutes. Submitted By: Kelley Felchle, City Clerk 14. Bonds. 15. Motion approving Change Order No. 4 from Woodruff Construction, LLC, of Waterloo, Iowa, for a net increase of $95,540, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to Page 6 of 610 execute said document. Submitted By:Noel Anderson, Community Planning and Development Director PUBLIC HEARINGS 2. Request by Cedar Valley Corporation, LLC, for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the "B-P" Business Park District. 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 and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, to approving a request by Cedar Valley Corporation, LLC, for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the "B-P" Business Park District, with a condition that the project be completed by October 31, 2021. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By:Noel Anderson, Community Planning and Development Director 3. Five Sullivan Brothers Convention Center 2nd Floor Renovation. Motion to receive and file proof of publication 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 the Building Official for review. Submitted By:Noel Anderson, Community Planning and Development Director 4. FYE 2021 Budget Amendment. 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 Budget Amendment for the fiscal year ending June 30, 2021. Submitted By: Michelle Weidner, Chief Financial Officer 5. Sale and conveyance of city owned property located at 1314 Black Hawk Street, in the amount of $166,000, to James Skarlis, with a Development and Minimum Assessment Agreement, for the renovations of the former Central Garage. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing the sale and conveyance of a portion of City owned property to James Skarlis in the amount of$166,000, located north of 1314 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a Development and Minimum Assessment Agreement with James Skarlis, for the renovation of 1314 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director Page 7 of 610 6. Sale and conveyance of city owned property located at the southern end of Fairfield Street, in the amount of $1.00, to Todd J. Borwig, including a Development Agreement for infrastructure extensions and new infill housing. 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 the sale and conveyance of city owned property located at the southern end of Fairfield Street, in the amount of$1.00, to Todd J. Borwig and authorizing the Mayor and City Clerk to execute necessary documents. Resolution approving a Development Agreement with Todd J. Borwig for infrastructure extensions and new infill housing, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 7. Sale and conveyance of City owned property south of 202 Fairfield Street for $1.00 to Gary D. Stephens and Aaron G. Stephens, including a Development Agreement for the construction of 30' x 40' (1,200 square foot) detached garage. 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 the sale and conveyance of City owned property south of 202 Fairfield Street for $1.00 to Gary D. Stephens and Aaron G. Stephens and authorizing the Mayor and City Clerk to execute necessary documents. Resolution approving a Development Agreement with Gary D. Stephens and Aaron G. Stephens for the construction of 30' x 40' (1,200 square foot) detached garage, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning& Development Director RESOLUTIONS 8. Resolution to receive and place on file a design recommendation submitted by the Police Patch Committee, and adopt said recommendation. Submitted By: Joe Leibold, Major 9. Resolution approving an addendum to the NJPA Program Agreement with WEX Bank, for fuel cards for the Tri-County Task Force, and authorizing the Chief Financial Officer execute said document. Submitted By: Joe Leibold, Major 10. Resolution establishing an incentive plan for accessible, affordable childcare in Waterloo. Submitted By: Jonathan Grieder, Ward 2 Council member 11. Resolution approving a Supplemental Agreement for a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed February 1, 2021, in an amount not to exceed$5,325, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel,Associate Engineer 12. Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access and stop loss and authorizing the Mayor and City Clerk to execute said documents. Page 8 of 610 Submitted By: Lance Dunn, Human Resources Director 13. Resolution approving Renewal Agreement with Delta Dental for fees associated with administration and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Lance Dunn, Human Resources Director 14. Resolution approving Renewal Agreement with National Insurance Services for fees associated with life and long term disability policies and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Lance Dunn, Human Resources Director 15. Resolution approving a Professional Services Agreement with Global Spectrum, LP, d/b/a Spectra Partnerships, for the implementation of fundraising and naming rights services to the Waterloo Convention Center, in a base amount not to exceed $7,500 for the first year and a 5% commission on executed contracts, and authorizing the Mayor to execute said document. Submitted By: Michelle Weidner, Chief Financial Officer 16. Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed$5,000, in conjunction with the FY 2022 Lake Street RISE Project, Contract No. 1051, and authorizing the Mayor to execute said document. Submitted By: Matt Schindel,Associate Engineer 17. Resolution approving an Access Agreement to City owned Property for the purposes of MidAmerican Energy installing a monitoring well on city owned property required as part of the assessment and cleanup of the Waterloo Coal Gas site being conducted under the oversight of the United States Environmental Protection Agency, and authorizing the Mayor to execute said document. Submitted By:Noel Anderson, Community Planning and Development Director 18. Resolution approving an amendment to the Professional Services Contract with HR Green Inc., for environmental work at 120 Center Street, to raise the maximum limit of work to $12,450, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Community Planning& Development Director 19. Resolution approving the request by the Waterloo Veterans Memorial Hall Commission to rename Cedar Street from West 4th Street to West 5th Street to Courbat Court. Submitted By:Aric Schroeder, City Planner 20. Resolution approving the second amendment to the Development and Minimum Assessment Agreement with Warren Transport, Inc., originally executed on November 18, 2019, changing the completion date to November 30, 2022, and authorizing the Mayor and City Clerk to execute said document. Submitted By:Noel Anderson, Commuity Planning and Development Director 21. Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy to approve the purchase of a rental 2020 Elgin Crosswind Single Engine Sweeper in the amount of $259,195.00 from MacQueen Equipment of Ankeny, Iowa. Submitted By: Randy Bennett, Public Works Manager 22. Resolution renaming the 5 Sullivan Brothers Convention Center to the Waterloo Convention Page 9 of 610 Center, and naming the outside plaza area the Sullivan Brothers Plaza, and authorize the Mayor and City Clerk to execute necessary documents for such change. Submitted By:Noel Anderson, Community Planning& Development Director 23. Resolution approving Development Agreement with Crystal Distribution Services, Inc. and City of Waterloo for a new 100,000 sq. ft. cold storage facility, with a Minimum Assessment Agreement adding $10,000,000 to the current assessed value of site, and City incentives of acquiring land/buildings on campus and tax rebates at 10 years at 70 percent, and authorizing the Mayor and City Clerk execute said document. Submitted By:Noel Anderson, Community Planning& Development Director 24. Resolution approving an Encroachment Agreement with Hawkeye Community College to install 42" high fencing and bollards on city owned right-of-way along West 1st Street in the "C-3" Central Business District at 120 Jefferson Street. Submitted By:Noel Anderson, Community Planning and Development Director ORDINANCES 25. An ordinance amending enforcement of fireworks. Motion to receive, file, consider, and pass for the first time an ordinance amending Subsections 1 and 2 of Section G, Enforcement, of Section 13, Fireworks, Chapter 2, General Provisions, Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Dave Boesen,At-Large Council member 26. An ordinance repealing and reserving sections of the Dangerous Buildings Code. Motion to receive, file, consider, and pass for the first time an ordinance amending the City of Waterloo Code of Ordinances by repealing Sections 1 and 2, Codes Adopted, and Amendments to Code, of Chapter 12, Dangerous Buildings, Title 9, Building Regulations, and reserving the same. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Petersen, City Attorney EXECUTIVE SESSION Motion to adjourn to Executive Session 27. Executive session regarding collective bargaining, pursuant to Iowa Code Section 20.16 Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk Page 10 of 610 MEETINGS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission minutes of March 9, 2021. 2. Airport Board Meeting minutes of March 24, 2021. 3. Communication from the Waterloo Police Department on the notice of the conclusion of employment for Diana Del Valle, Police Officer, effective April 19, 2021 with recommendation of approval of payout of$23,674.14 for unused benefits. 4. Communication from the Cedar Valley Sportsplex on the notice of the conclusion of employment for Michelle Davis, Fitness Specialist, effective April 16, 2021 with recommendation of approval of payout of$3,212.71 for unused benefits. Page 11 of 610 CITY OF WATERLOO Council Communication Minutes of May 3, 2021, Regular Session, as proposed. City Council Meeting: 5/17/2021 Prepared: ATTACHMENTS: Description Type ❑ Council minutes of May 3, 2021 Backup Material Submitted by: Submitted By: Page 12 of 610 May 3, 2021 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, May 3, 2021. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 159864 - Juon/Grieder that the Agenda, as amended by adding the award information to Item I.A.9, Item 12 and Item 13, and cancelling the executive session, for the Regular Session on Monday, May 3, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 159865 - Juon/Grieder that the Minutes, as proposed, for the Regular Session on Monday, April 19, 2021, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Proclamation declaring May 2021 as Bicycle Month. Proclamation declaring May 9-15, 2021 as National Police Week. Proclamation declaring May 3-9, 2021 as International Migratory Bird Week. Swearing in of(1) new Waterloo Fire Rescue Fire Recruit- Spencer Bruess. PUBLIC COMMENTS David Dryer, 3145 W. 4th Street, commented that there is a gentleman who wants to develop all the city owned property acquired through 657A. He encouraged the city to support his plan or at least part of his plan. He asked that consent agenda item 1.A.1 be removed from the consent agenda. Forest Dillavou, 1725 Huntington Road, thanked the Mayor for reopening the council chambers to the public. Mr. Morrissey questioned why a second is not following the first street sweeper. He questioned how many street sweepers we have, how many are broken, and when they will be fixed. He questioned how staffing in Central Garage is going and if the hiring delays affect the vacant position. He questioned why Waterloo has only one bottle redemption location. He questioned when a second rental inspector will be hired. He questioned construction timing with Park Avenue and Park Avenue Bridge. He commented that he is disappointed to see on a public hearing item that Mr. Willie Outlaw is not having city owned property sold to him and asked that it be sold to him very soon. He stated that he has not yet seen a copy of the mow to own policy but offered to write it for the city. Mayor and city staff addressed Mr. Morrissey's questions. Mr. Grieder commented that today at noon the Small Business Association rolled out a restaurant revitalization fund to help them with COVID-19 relief. May is Mental Health Awareness month and shared that he is proud of the work the youth city council has done to raise awareness about the impacts of mental health on people and the community. Mayor Hart shared that he is having conversations with Black Hawk County Public Health about changes to the mask mandate. He shared that one thing that keeps him up at night is housing and ensuring that we have safe rental housing in the community. He shared that he formed an internal task force and partnered with University of Iowa and the Waterloo Landlords Association to help identify the systematic decline of housing and relationships. The findings will be presented to council in the future. He shared that stories about living in Waterloo are still needed for the 2030 Vision Plan, and invited the public to contact Wendy Bowman in the communications office to share their stories. 159866 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 13 of 610 May 3, 2021 Page 2 CONSENT AGENDA 159867 - Juon/Grieder that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: the afneu*t of$3,131,801.04 and May 3, 2021, in the ametint$1,145,193.20, a eopy of whie is on file in the City Clerk's offiee, together-with r-eeemmendation of appt!oval of the Finanee cvmmrccce. 2. Resolution approving Variance to Noise Ordinance request from The Screaming Eagle American Bar& Grill, 228 E. 4th Street, in conjunction with Bike Night, and permission to close a portion of Lafayette Street in front of the restaurant every Thursday between May 29, 2021 and September 30, 2021 from 5:30 p.m. to 9:30 p.m. including a band and use of a PA system from 6:00 p.m. to 9:00 p.m. Resolution adopted and upon approval by Mayor assigned No. 2021-262. 3. Resolution approving Variance to Noise Ordinance request from Main Street Waterloo, in conjunction with the Friday Loo event to be held at Lincoln Park on May 14, 2021 from 5:30 p.m. - 9:30 p.m., including a partial lane closure of Park Avenue from 4:00 p.m. to 10:00 p.m., and a live band with the use of a PA system until 9:30 p.m. Resolution adopted and upon approval by Mayor assigned No. 2021-263. 4. Resolution approving a School Resource Officer Agreement, with the Waterloo Community School District, to provide six (6) School Resource Officers in the schools for FY 2021 to 2022, in the amount of$299,081, to include funding for officer training, and authorizing the Mayor and City Clerk to execute said document. Resolution adopted and upon approval by Mayor assigned No. 2021-264. 5. Resolution approving request of Joshua Grapp for a waiver for a concrete driveway located at 4004 Richland Drive, with the elimination of the sidewalk section due to inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2021-265. 6. Resolution approving support of the Proposal to Transfer Budget Authority from Multiple HUD Projects in Iowa to Exceptional Persons, Inc. for Provision of Housing Assistance. Resolution adopted and upon approval by Mayor assigned No. 2021-266. 7. Resolution approving preliminary plans, specifications,bid documents, etc., setting date of bid opening as May 20, 2021, and date of public hearing as June 7, 2021, in conjunction with the FY 2021 Young Arena Southeast and Southwest Roof Replacement Project, Contract No. 1040, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-267. 8. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as May 20, 2021 and date of public hearing as June 7, 2021, in conjunction with the FY 2021 Sidewalk Repair Program - Zone 1, Contract No. 1044, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2021-268. 9. Resolution approving award of bid to KW Electric of Cedar Falls, Iowa, in the amount of $149,650.60, and approving the contract,bond and certificate of insurance, in conjunction Page 14 of 610 May 3, 2021 Page 3 with the Park Avenue Bicycle Signal Project, and authorizing the Mayor to execute said documents. Resolution adopted and upon approval by Mayor assigned No. 2021-269. 10. Resolution setting date of public hearing as May 17, 2021 for an amendment to the FYE 2021 Budget, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-270. 11. Resolution setting date of public hearing as May 17, 2021 to approve a request by Cedar Valley Corporation, LLC, for a Site Plan Amendment for a temporary cement batch plant, to be located across from 4342 Ansborough Avenue in the`B-P"Business Park District, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-271. 12. Resolution setting date of public hearing as May 17, 2021, to authorize the sale and conveyance of city owned property located at 1314 Black Hawk Street, in the amount of $166,000, to James Skarlis, with a Development and Minimum Assessment Agreement, for the renovations of the former Central Garage, and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2021-272. 13. Reselt4ien setting a date of p4he hearing as May 17 , 2021 to appr-eve the sale and eonveyanee of eity owned property 10eated a4 the sout-hem end of Fair-field Street, in t extension and new infill housing, and inst et City Clerk to publish,,o o Stephens,14. Resolution setting a date of publie hearing as May 17, 2021 to approve the sale and an > b. Motion to approve the following: 1 Travel Requests Name & Amount Title of Class/Meeting Destination Date(s) not to Personnel Exceed a. Lt. Jason Feaker On-going Narcotics Investigation Chicago, IL 4/2/2021 $213.27 2• Approved Beer, Liquor, and Wine Applications Name &Address of Business Class New or Expiration Includes Renewal Date Sunda a. El Mercadito, 520 La Porte Rd. C Beer Renewal 5/21/2022 x b. Family Dollar Store#21424, C Liquor New 8/9/2021 x 1120 Franklin St. *Ownership Update* c. Gates Park Golf Shop, 820 E. C Liquor w/Outdoor Renewal 2/28/2022 x Donald Street Service d. Iry Warren Golf Shop, 1000 C Liquor w/Outdoor Renewal 2/28/2022 x Fletcher Avenue Service e. Lost Island Water Park, 2225 C Liquor w/Outdoor Renewal 10/15/2021 x E. Shaulis Rd. Service f. Prime Mart 7, 1309 Lafayette B Wine/C Beer/E Renewal 4/30/2022 x Street Liquor Page 15 of 610 May 3, 2021 Page 4 g. Veteran's of Foreign Wars A Liquor Renewal 1/14/2022 x Club Post 1623, 1406 Commercial Street h. Waterloo Bucks, 850 Park Rd. B Beer w/Outdoor New 11/14/2021 x Service i. Red Carpet Golf, 1409 Newell C Liquor w/Outdoor Renewal 4/4/2022 x Street Service 3. Motion approving Change Order No. 12 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$5,465.14, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. 4. Exception to Burning Yard Waste Application by Ryan Kurtz on behalf of Hawkeye Community College to burn approximately 10 acres of prairie grasses and forbs at Arboretum Drive, Campus View Drive and Hammond Avenue from April 14, to May 10, 2021. 5. Exception to Burning Yard Waste Application by Ryan Rieger and Steve Rieger, of 2703 Huntington Road, to burn approximately 25 acres of prairie grasses south of 2703 Huntington Road and west of Katoski Drive,before May 15, 2021. 6. Bonds. Roll call vote-Ayes: Seven. Motion carried. 159868 -Juon/Grieder Resolution approving Finance Committee Invoice Summary Report,dated April 26,2021,in the amount of$3,131,801.04 and May 3, 2021, in the amount $1,145,193.20, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Roll call vote- Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, commented on his concern over Items 4 and 6 on the Finance Committee Summary Report, in the amounts of$22,897.19 and $39,578.30 for Fire Department, and Item 12 for the Sanitation Department, in the amount of$50,400 plus $500 Shipping and Handling. Pat Treloar, Fire Chief, provided an explanation of the necessity of the purchase. Randy Bennett, Public Works Division Manager,provided an explanation of the necessity of the purchase. Resolution adopted and upon approval by Mayor assigned No. 2021-273. 159869 -Morrissey/Grieder Resolution setting a date of public hearing as May 17, 2021 to approve the sale and conveyance of city owned property located at the southern end of Fairfield Street, in the amount of$1.00, to Todd J. Borwig, including a Development Agreement for infrastructure extension and new infill housing, and instruct City Clerk to publish notice. Roll call vote-Ayes: Seven. Motion carried. Mr. Morrissey questioned if the developer has proof of financing, if the potential houses conform with the neighborhood, and the meaning of the term"arranged to be installed infrastructure for public water service, sanitary and storm sewer"used in the development agreement. Noel Anderson, Community Planning and Development Director, explained that his financing will be looked at, the house design will be examined, and explained the contract language. Resolution adopted and upon approval by Mayor assigned No. 2021-274. 159870 -Morrissey/Grieder Resolution setting a date of public hearing as May 17, 2021 to approve the sale and conveyance of city owned property located at the south end of Fairfield Street,in the amount of$1.00, to Gary D. Stephens, including a Development Agreement for a new garage, and instruct City Clerk to publish notice. Roll Page 16 of 610 May 3, 2021 Page 5 call vote-Ayes: Seven. Motion carried. Mr. Morrissey commented that the phrase "first home" in the development agreement should be removed, as this is an agreement for a garage not a home. Resolution adopted and upon approval by Mayor assigned No. 2021-275. PUBLIC HEARINGS 159871 - Feuss/Amos that proof of publication of notice of public hearing on General Obligation Bonds - GCP 2 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on April 23, 2021, 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. 159872 - Feuss/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159873 - Feuss/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-276. 159874 - Feuss/Amos that proof of publication of notice of public hearing on General Obligation Bonds - GCP 3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes, as published in the Waterloo Courier on April 23, 2021, 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. 159875 - Feuss/Amos that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159876 - Feuss/Amos that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $700,000 General Obligation Bonds",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-277. 159877 - Morrissey/Feuss that proof of publication of notice of public hearing on General Obligation Bonds - ECP-UR 4 - The issuance of not to exceed $1,300,000 General Obligation Bonds for essential corporate urban renewal purposes, as published in the Waterloo Courier on April 23, 2021, 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. 159878 - Morrissey/Feuss Page 17 of 610 May 3, 2021 Page 6 that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159879 - Morrissey/Feuss that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $1,300,000 General Obligation Bonds",be adopted. Roll-call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-278. 159880 - Amos/Grieder that proof of publication of notice of public hearing on Traffic Control Center Room Remodel Iowa Department of Transportation Grant Project Number STP-U-8155(755)--70-07, as published in the Waterloo Courier on April 19, 2021, 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. 159881- Amos/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159882 - Amos/Grieder that "Resolution confirming approval of plans, specifications, form 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. 2021-279. Mr. Amos stated that there were no bids received. Randy Bennett, Public Works Division Manager, explained what happens in this case. 159883 - Klein/Feuss that proof of publication of notice of public hearing on FY 2021 Asphalt Overlay Program, Contract No. 1022, as published in the Waterloo Courier on April 19, 2021, 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. 159884 - Klein/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159885 - Klein/Feuss 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. 2021-280. 159886 - Klein/Feuss Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Total Bid Amount Aspro, Inc. 5% $1,741,016.76 Waterloo, IA Page 18 of 610 May 3, 2021 Page 7 Voice vote-Ayes: Seven. Motion carried. 159887 - Klein/Feuss that "Resolution approving award of bid to Aspro, Inc. of Waterloo, Iowa, in the amount of $1,741.016.76, approving the contract, bond and certificate of insurance, in conjunction with the FY 2021 Asphalt Overlay Program, Contract No. 1022, 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. 2021-281. 159888 - Morrissey/Grieder that proof of publication of notice of public hearing on FY 2022 Levee Rip Rap Spraying, Contract No. 1047, as published in the Waterloo Courier on April 19, 2021, 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. 159889 - Morrissey/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159890 - Morrissey/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. 2021-282. 159891 - Morrissey/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Total Bid Amount Landmark Turf Services D 5% $44,055.00 unkerton, IA Voice vote-Ayes: Seven. Motion carried. 159892 - Morrissey/Grieder that"Resolution approving award of bid to Landmark Turf Services of Dunkerton,Iowa,in the amount of$44,055, in conjunction with the FY 2022 Levee Rip Rap Spraying, Contract No. 1047, approving the contract, bond and certificate of insurance, 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. 2021-283. 159893 - Amos/Feuss that proof of publication of notice of public hearing on FY 2021 Shaulis Road Reconstruction-Hess Road to Hwy. 218, Contract No. 1020, as published in the Waterloo Courier on April 19, 2021, 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. 159894 - Amos/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. Page 19 of 610 May 3, 2021 Page 8 159895 - Amos/Feuss that "Resolution approving plans, specifications, forms of contract, etc., and authorizing to proceed", be adopted. Roll-call vote-Ayes: Seven. Motion carried. Mr. Boesen questioned the estimate for the project and duration. He questioned how we would work with the Bertch family for a seamless opening in the spring of 2022. Jamie Knutson, City Engineer, provided an explanation of the coordination of the project with the Bertch Family and the project estimate. Resolution adopted and upon approval by Mayor assigned No. 2021-284. 159896 - Amos/Feuss Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Bidder Bid Security Total Bid Amount Peterson Contractors Inc. 5% $8,639,212.15 Reinbeck, IA Voice vote-Ayes: Seven. Motion carried. 159897 - Klein/Feuss that proof of publication of notice of public hearing on sale and conveyance of city owned property located at 928 Mulberry Street, in the amount of$2,730, to David Deeds, and approval of a development agreement, as published in the Waterloo Courier on April 23, 2021,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. 159898 - Klein/Feuss that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159899 - Klein/Feuss that "Resolution authorizing the sale and conveyance of city-owned property to David Deeds, in the amount of$2,730.00, generally located at 928 Mulberry Street, 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. 2021-285. 159900 - Klein/Feuss that "Resolution approving a Development Agreement with David Deeds, for constructing a fence upon the lot, 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. 2021-286. 159901 - Morrissey/Amos that proof of publication of notice of public hearing on sale and conveyance of City property located northeast of 712 W. Park Avenue, in the amount of$1.00, and approval of a development agreement with $5,000 in infill incentives to Iowa Heartland Habitat for Humanity, as published in the Waterloo Courier on April 23, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 20 of 610 May 3, 2021 Page 9 This being the time and place of public hearing, the Mayor called for written and oral comments. Ali Parrish, Iowa Heartland Habitat for Humanity, provided an overview of the project. She explained that their organization received a$2 million dollar grant from John Deere to rehabilitate the Church Row Neighborhood. Mayor Hart thanked Ms. Parrish for all of the work that Iowa Heartland Habitat has been doing throughout the community and thanked John Deere for their support. Mr. Morrissey questioned if the home will be similar to the existing homes in the neighborhood. Ali Parrish confirmed. She added that they are building a partnership with Waterloo Schools, Cedar Falls CAPS, and Hawkeye Community College, 159902 - Morrissey/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 159903 - Morrissey/Amos that "Resolution authorizing the sale and conveyance of a portion of city-owned property, generally located Northeast of 712 W Park Avenue, to Iowa Heartland Habitat for Humanity, in the amount of $1.00, 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. 2021-287. 159904 - Morrissey/Amos that"Resolution approving a Development Agreement with Iowa Heartland Habitat for Humanity, for the construction a single family home,with $5,000 in infill incentives, 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. 2021-288. 159905 - Amos/Grieder that proof of publication of notice of public hearing on an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of property in Black Hawk County in exchange for property in the San Marnan TIF District, in the amount of$1,336,269.46 for 28.499 acres, and up to $10,000 in closing costs, as published in the Waterloo Courier on April 28, 2021, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, commented that this a frivolous use of taxpayer monies that could be put to better use somewhere else. Forest Dillavou, 1725 Huntington Road, questioned how the value was established and how the taxpayers will know if it was a fair price to pay. Mark Rollinger, attorney for L&H Farms, commented on the public/private partnership L&H Farms has had with the city and explained that the answer to Mr. Dryer's and Mr. Dillavou's questions lies in the negotiations in an agreement that was reached with the city back in 2010. He provided information on the history and coordination efforts between the City and L&H Farms and said that he believes the city will be credited with a lot of forward thinking vision for development that will eventually pay off. 159906 - Amos/Grieder that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. Page 21 of 610 May 3, 2021 Page 10 159907 - Amos/Grieder that "Resolution approving an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of 28.499 acres of land in Black Hawk County, in the amount of $1,336,269.46 and up to $10,000 in closing costs, in exchange for property in the San Marnan TIF District, 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. 2021-289. 159908 - Amos/Grieder that proof of publication of notice of public hearing on Demolition Services, Contract No. D-2021-05- 7P, located at 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street, as published in the Waterloo Courier on April 27, 2021, 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. 159909 - Amos/Grieder that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159910 - Amos/Grieder that "Resolution confirming approval of plans, specifications, form 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. 2021-290. 159911 - Amos/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Amount Lehman Trucking&Excavating, Inc. o $80,500.00 Waterloo, IA 5/o Voice vote-Ayes: Seven. Motion carried. 159912 - Amos/Grieder that "Resolution approving award of bid to Lehman Trucking & Excavating, Inc. of Waterloo, Iowa, in the amount of$80,500, in conjunction with demolition and site clearance services, Contract No. D- 2021-05-7P at 725 Glenwood, 663 Kern Street, 214 Cottage Street, 409 Wellington Street, 413 Wellington, 915 Linden Avenue, and 200 Merriman Street approving the contract, bond, and certificate of insurance, 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. 2021-291. 159913 - Feuss/Grieder that proof of publication of notice of public hearing on 2021 Mowing contract for city owned lots generally acquired through Iowa Code 657A, as published in the Waterloo Courier on April 27, 2021, 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. 159914 - Feuss/Grieder Page 22 of 610 May 3, 2021 Page 11 that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 159915 - Feuss/Grieder that "Resolution approval of plans, specifications, form 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. 2021-292. 159916 - Feuss/Grieder Motion to receive and file and instruct City Clerk to read bids. Bidder Bid Security Bid Option Bid Option A B B&B Lawn Care Inc. 5% $8.49 $49.50 Waterloo, IA Voice vote-Ayes: Seven. Motion carried. 159917 - Feuss/Grieder that "Resolution approving award of bid to B&B Lawn Care, Inc., of Waterloo, Iowa, in conjunction with the 2021 mowing of city owned lots generally acquired through Iowa Code 657A in the amount of$8.49 per lot, Option A lots under one acre and $49.50 per acre for Option B lots 1 acre or more, 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. 2021-293. RESOLUTIONS 159918 - Juon/Grieder that "Resolution approving a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a Revitalize Iowa's Sound Economy (RISE) grant application for the 11th Street bridge reconstruction 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. 2021-294. 159919 - Juon/Grieder that "Resolution approving Amendment to a Development Agreement with Prairie Legacy Ventures, LLC, selecting the option to purchase in the reversionary wording, to pay City of Waterloo $209,088, 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. 2021-295. 159920 - Juon/Grieder that "Resolution approving a Development and Minimum Assessment Agreement with Club Car Wash Waterloo, LLC, for the construction of a 5,500 square foot carwash located at 1009 East San Marnan Drive, one year of property tax rebates at 70 percent and a new minimum assessed value of $1,100,000, 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. 2021-296. 159921 - Klein/Amos Page 23 of 610 May 3, 2021 Page 12 that "Resolution approving the request by Midwest Development for the Final Plat of Audubon Heights 7th Addition, a replat of Audubon Heights Fourth Addition, located south of 1747 Thrush Drive, 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. 2021-297. 159922 - Klein/Amos that "Resolution approving a Professional Services Agreement with I & S Group, Inc., of Waterloo, Iowa, in the amount of$108,200, plus reimbursable expenses up to $5,000, in conjunction with the Five Sullivan Brothers Convention Center Plaza Renovation and Memorial 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. 2021-298. 159923 - Grieder/Feuss that"Resolution directing the advertisement for sale of$14,370,000 General Obligation Bonds, Series 2021A, setting sale date as May 19, 2021, and approving electronic bidding procedures and distribution of Preliminary Official Statement for the sale", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-299. 159924 - Grieder/Feuss that"Resolution directing the advertisement for sale of$8,610,000 Taxable General Obligation Bonds, Series 2021B, setting sale date as May 19, 2021, and approving electronic bidding procedures and the distribution of the Preliminary Official Statement for the sale", be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2021-300. 159925 - Grieder/Feuss that"Resolution approving a Professional Services Agreement with HR Green, Inc., of Cedar Rapids, Iowa, in an amount not to exceed $761,963.40, in conjunction with the FY 2021 Shaulis Road Reconstruction - Hess Road to Hwy. 218, Contract No. 1020, 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. 2021-301. ADJOURNMENT 159926 - Feuss/Morrissey that the Council adjourn at 7:10 p.m. Voice vote-Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 24 of 610 CITY OF WATERLOO Council Communication Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed mowing, snow removal, and property cleanups. City Council Meeting: 5/17/2021 Prepared: 5/4/2021 ATTACHMENTS: Description Type ❑ May 2021 Assessments Code Enf Cover Memo SUBJECT: Resolution authorizing the City Clerk to certify against certain parcels for unpaid lawn/weed mowing, snow removal, and property cleanups. Submitted by: Submitted By:Martin M. Peterson, City Attorney Requesting Council approval to certify unpaid invoices of lawn/weed mowing, snow removals, and property clean-ups to the property owner's Recommended Action: taxes through Black Hawk County for payment. They are invoices dated, December 2019 through January 2021 in the approximate amount of $65,719.26. Expenditure Required: None. 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City Council Meeting: 5/17/2021 Prepared:4/29/2021 ATTACHMENTS: Description Type ❑ Bid documents Backup Material ❑ Owner Review Progress Set Backup Material Resolution approving preliminary_plans, specifications, bid documents, etc., SUBJECT: setting date of bid opening as June 10, 2021, and date of public hearing as June 21, 2021, in conjunction with the Ridgeway Towers Boiler Replacement Project, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Julie Dawson, Housing Authority Director Summary Statement: Plans, specifications, bid documents, etc. will be attached during the week of May 10, 2021. Page 40 of 610 CITY OF WATERLOO FY 202 1 RIDGEWAY TOWERS BOILER REPLACEMENT ENGINEER PROJECT X7`2 1 -037 MAY 1 O, 2021 Page 41 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT TABLE OF CONTENTS NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING FORM OF PROPOSAL BASIC PLUMBING REQUIREMENTS MINOR PLUMBING DEMOLITION FOR REMODELING HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT IDENTIFICATION FOR PLUMBING AND EQUIPMENT PLUMBING EQUIPMENT INSULATION DOMESTIC PLUMBING INSULATION DOMESTIC PLUMBING PIPING PLUMBING EQUIPMENT BASIC HVAC REQUIREMENTS MINOR HVAC DEMOLITION FOR REMODELING HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIPMENT IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT TESTING,ADJUSTING,AND BALANCING FOR HVAC HVAC EQUIPMENT INSULATION HVAC PIPING INSULATION fwl w li t NATURAL GAS PIPING HYDRONIC PIPING HYDRONIC PUMPS HYDRONIC SPECIALTIES CLEANING AND TREATMENT OF HYDRONIC SYSTEMS BREECHINGS, CHIMNEYS AND STACKS HIGH EFFICIENCY MODULAR BOILERS BASIC ELECTRICAL REQUIREMENTS ELECTRICAL SCHEDULE OF VALUES MINOR ELECTRICAL DEMOLITION FOR REMODELING ELECTRICAL POWER CONDUCTORS AND CABLES GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS IDENTIFICATION FOR ELECTRICAL SYSTEMS EQUIPMENT WIRING WIRING DEVICES ENCLOSED STARTERS AND SWITCHES FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO,2021-1 MODUS#21-003 Page 1 of 2 TABLE OF CONTENTS PRELIMINARY Page 42 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO,2021-1 MODUS#21-003 Page 1 of 2 TABLE OF CONTENTS PRELIMINARY Page 43 of 610 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2021 Ridgeway Towers Boiler Replacement In the City of Waterloo, Iowa CONTRACT NO. 2021-1 PRE BIDMEETING Pre bid meeting will take place on Tuesday May 25th, 2021 at 2:00 pm at Ridgeway Towers located at 225 Ridgeway Ave., Waterloo, IA. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 10th day of June, 2021, until 1:00 p.m. for the construction of the FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT, CONTRACT NO. 2021-1, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703, no later than Thursday, June 10, 2021, at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on Thursday, June 10, 2021, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the City website. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications,form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on Monday, June 21, 2021, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The City of Waterloo will continue to hold City Council meetings as scheduled; however, in response to COVID-19, elected officials and city staff will participate via Zoom videoconferencing. If Council chambers are closed to the public for City Council meetings due to health and safety concerns from COVID-19, the City Council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting, visit: https://www.cityofwaterlooiowa.com/government/city council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to comments(cb_waterloo-ia.org, which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If Council chambers are open to the public for City Council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. SCOPE OF WORK This project consists of replacing (3) gas fired boilers and (2) associated pumps. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS 21-003 Page 1 of NOTICE TO BIDDERS PRELIMINARY Page 44 of 610 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commence on June 22, 2021, after receipt of"Notice to Proceed" and all items shall be completed on or before September 30, 2021. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty- one (31)days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by MODUS Engineering which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from Rapids Reproduction (electronic or hardcopy) at 6201 Chancellor Drive, Cedar Falls, IA 50613. 319.277.5538; 1.800.383.1223. Digital Plans and Specifications (no charge) available at: www.rapidsrepro.com/pianroom. Required deposit: $25.00 per bid set (plans and specifications) + $20.00 per set non-refundable mailing fee, if shipped. Viewing Locations: Listed in the Instruction to Bidders. Call MODUS Engineering 319.235.0650 for questions availability of documents. Deposits are fully refundable if the plans and specifications are returned in usable condition (i.e., generally free of highlights, ink markings, tears, stickers, water stains and soiling)to the Rapids Reproduction office listed above by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 141h consecutive day,which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. If the plan holder is the prime contractor, or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for the City and consulting engineer to verify eligibility for the refundable deposit. Upon award of project,the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS 21-003 Page 2 of 4 NOTICE TO BIDDERS PRELIMINARY Page 45 of 610 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids using the proposal included in the specifications. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City)payable to the City of Waterloo, Iowa, in the sum of not less than five percent(5%)of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent.Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. CONTRACT COMPLIANCE PROGRAM /SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at$50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00)per day, for each day, as further described herein, in excess of the authorized time. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS 21-003 Page 3 of 4 NOTICE TO BIDDERS PRELIMINARY Page 46 of 610 Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors, engineer(MODUS Engineering)and City Officials. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS 21-003 Page 4 of 4 NOTICE TO BIDDERS PRELIMINARY Page 47 of 610 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost forthe FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO. 2021-1 In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 10th day of June, 2021, until 1:00 p.m. for the construction of the FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT, CONTRACT NO. 2021-1 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS Sealed bids must be received by the City Clerk of the City of Waterloo at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703, no later than Thursday, June 10, 2021, at 1:00 p.m. All bids will be opened in the Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 10th day of June, 2021, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. The bid opening will be livestreamed on YouTube and made available on the City website. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 21St day of June, 2021, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications,form of contract,and estimate of cost for said improvements heretofore prepared by MODUS Engineering are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at.http://ci.waterloo.ia.us/ 2) Plan Rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 Rapid Reproductions 6201 Chancellor Drive Cedar Falls, IA 50613 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Rapid Reproductions web site: www.rapidsrepro.com/planroom FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 NOTICE OF PUBLIC HEARING PRELIMINARY Page 48 of 610 The City of Waterloo will continue to hold City Council meetings as scheduled; however, in response to COVID-19, elected officials and city staff will participate via Zoom videoconferencing. If Council chambers are closed to the public for City Council meetings due to health and safety concerns from COVID-19, the City Council meeting will be held electronically via Zoom. For information on how to participate in the electronic meeting, visit: https://www.citvofwaterlooiowa.com/government/city council/index.php or call the City Clerk's Office at 319-291-4323. The public may email comments to comments(d)-waterloo-ia.org, which will be read during the public hearing. Please state the public hearing item on which you wish to speak. If Council chambers are open to the public for City Council meetings, the public may attend the meeting in person but is required to wear a mask and practice social distancing. SCOPE OF WORK This project consists of replacing (3)gas fired boilers and (2) associated pumps. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the loth day of June 2021. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk * ** END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 NOTICE OF PUBLIC HEARING PRELIMINARY Page 49 of 610 SECTION 00 2115 FORM OF PROPOSAL 1.01 PROJECT A. FY 2022 Ridgeway Towers Boiler Replacement Project 1.02 BID DATE A. Thursday, June 10th at 1:00 p.m. B. Submit bid with Bid Security attached in a separate envelope. 1.03 OWNER/BOARD MEMBERS A. The undersigned contractor, being familiar with the proposed project, local conditions affecting the cost of the work, the Bidding and Contract Documents, including Instructions to Bidders, Form of Proposal, General and Supplementary Conditions, Specifications, Form of Contract, Form of Bond, Drawings, Addenda and Exhibits issued and attached to the drawings and project manual on file at Rapids Reproduction 16201 Chancellor Drive Cedar Falls, IA 50613 having visited the premises of the work to inspect and determine the extent of the work, hereby proposes to complete all work in connection with the (General) (Mechanical) (Electrical) construction contract for FY 2022 Ridgeway Towers Boiler Replacement Project in the best possible manner in accordance with the Contract Documents prepared by MODUS Engineering Waterloo, IA. 1.04 DOCUMENTS A. Instructions and Supplementary Instructions to Bidders B. General and Supplementary General Conditions C. Proposal Bid Form properly executed with Bid Security and/or other Supplementary Forms. D. Plans and Specifications E. Addenda: 1. Addendum #1, Dated: 2. Addendum #2, Dated: 3. Addendum #3, Dated: 4. Addendum #4, Dated: 5. Addendum #5, Dated: (Contractor to insert date of each Addenda received) 1.05 AGREEMENTS A. In submitting this proposal, the contractor agrees to the following stipulations: 1. The bid is in full compliance with the Contract Documents. 2. Accompanying this proposal is the Bid Security (Bid Bond, Certified Check, Certified Share Draft, Cashier's Check or Cash) required to be furnished by the Contract Documents, the same being subject to forfeiture in the event of default by the undersigned in accordance with the terms of the specifications. 3. In submitting this bid it is understood that the right is reserved by the owner to reject minor bids and waive all informalities and irregularities in connection therewith, if the same is judged to be in the best interest of the owner. 4. Payment shall be received for services as set forth in the Contract Documents. 5. Shall execute a Contract and present Bonds within ten (10) days after formal written notice of award for the above stated compensation. 6. Shall execute and pay premium on and deliver to the Owner's representative satisfactory bonds in the form stated. The bonds shall be in the full amount of the contract price, FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 FORM OF PROPOSAL 002115 PRELIMINARY Page 50 of 610 extending from the date of final completion to a date two (2)years later than the date of final completion. 7. Shall furnish all insurance certifications before entering or starting work at the site. 8. Iowa Sales Tax and applicable Local Option Sales Tax shall NOT be included in the Bid. 9. Contract date will be on or after the bidding date, and Contractor will be required to hold valid all terms of the proposal. 10. The requirements of the Instructions to Bidders will be adhered to. 11. If the undersigned is notified of the acceptance of this proposal, they agrees to execute a contract for the above work, for the below stated compensation in the form prescribed in Instructions to Bidders. 12. The Bid will not be withdrawn for sixty(60)days after the opening thereof. 13. The undersigned agrees, if awarded the contract and required by Article 7 to execute and deliver to the owner prior to the signing of the agreement, a satisfactory bond in the form set out in the Supplementary Instructions to Bidders. 14. Davis Bacon wages apply to this project. 1.06 PROPOSAL Having carefully examined the contract documents as well as the premises and conditions affecting the work, the undersigned hereby proposes to furnish all labor and materials to complete the general contract requirements of the project in accordance with said documents for the sum of: DOLLARS BASE BID THE BASE BID MAY BE ADJUSTED IN ACCORDANCE WITH SUCH OF THE FOLLOWING ALTERNATES AS MAY BE SELECTED. 1.07 ALTERNATE BIDS I propose to furnish all labor and materials to construct the following alternates as further described in detail under Specification Section -Alternates. 1.08 ALTERNATE#1 DOLLARS ALTERNATE #1 DEDUCT 1.09 THE UNDERSIGNED AGREES, IF AWARDED THE CONTRACT, TO HAVE THE WORK SUBSTANTIALLY COMPLETED ON OR BEFORE THE DAY OF , 2021. RESPECTFULLY SUBMITTED, PERSON, FIRM OR CORPORATION BIDDER FIRM: FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 FORM OF PROPOSAL 002115 PRELIMINARY Page 51 of 610 BY: (Signature of: Owner, Partner, Manager, etc) BY: (Print or Type as Above: Owner, Partner, etc) Date: Address 1: Address 2: City, State, Zip: Phone: END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 FORM OF PROPOSAL 002115 PRELIMINARY Page 52 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 FORM OF PROPOSAL 002115 PRELIMINARY Page 53 of 610 00� Y ON 0wLU W o � Lu O @ m 00 N rn wC7Q� N L O LO M{ Z dU- o m d �2 0U- 04 a m m U 'O cn N O Z d p c t A Z . J O p J N N p > m o U U 0 °� rn �• O_ N❑ d @ 3 ow °z ow ~9 0 3 0 c ❑ in w v 6 Z Z x `h E m `o > 00 0 o_ c Oi❑ @ o @ > d 5 H U 0 c 1 LU ZO ? m a� « U IL jLU ❑ Y O 0 @ N ❑ O O O M .N c o (n U . 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LO U O L 0 O a)V y y 'C Q 'N -O E T E U O O fi '0 C N a) N N m C U A.m N U N >, c6 C m N Cn r C O >'U -0.0 J~ LL a) a)= C ca ca c L c c CD LO 7 � ca) 0)(D w a)30 Y U Y a°i� U maTw � rn� E ° nim w ° 2 `oo m y ° Q� o-m�°in 3 0 E E r °° co > m ca a) O a) a) r N w 0 a) ca C m t— L C o N m m 0 0 -0-0 °) aa)) o m m-0 N� o :°m a)in a-2 Z co a) a) (n a N m > ami D1� N cu c— m a) c m m > ° rn _ o ti c cpw DE^rn o« c°) cLi �LO � LL � Ytaxi O 0 0 -0 m Q >. N ca a) n w co m m o `m m'=in o Q�° m air w w a > > D x Z a Eo V)) 3U) m 04 o �F, m�umi� c7O H c 3 3 LL� m mL �� 7 0 O 00 N L L O O L v CL a) a) ENS ....� p. o _ 0 �� 3°M(0 L) coN CL Page 55 of 610 5/10/2021 SAM.gov "General Decision Number: IA2O21OO25 03/19/2021 Superseded General Decision Number: IA2O2OOO25 State: Iowa Construction Type: Residential Counties: Black Hawk, Bremer and Grundy Counties in Iowa. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.95 for calendar year 2021 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.95 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2021. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/01/2021 1 03/12/2021 2 03/19/2021 * BRIAOO28-001 05/01/2020 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 27.48 15.59 ---------------------------------------------------------------- CARP0678-005 05/01/2020 Rates Fringes CARPENTER Zone 2. . . . . . . . . . . . . . . . . . . . . .$ 24.61 20.54 ---------------------------------------------------------------- ELECO288-001 06/01/2020 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 31.00 12.68 ---------------------------------------------------------------- https://beta.sam.gov/wage-determination/IA20210025/2 Page 56 of 6145 5/10/2021 SAM.gov ENGIO234-009 05/01/2018 Rates Fringes Power equipment operators: CLASS 1. . . . . . . . . . . . . . . . . . . . .$ 28.90 15.25 CLASS 2. . . . . . . . . . . . . . . . . . . . .$ 27.52 15.25 CLASS 3. . . . . . . . . . . . . . . . . . . . .$ 25.19 15.25 POWER EQUIPMENT OPERATORS CLASSIFICATIONS CLASS 1 - Backhoe (1 cy and over); Excavator CLASS 2 - Backhoe (under 1 cy); Bulldozer; Grader/Blade; Loader; Scraper CLASS 3 - Bobcat/Skidsteer/Skid Loader; Rollers ---------------------------------------------------------------- LAB00043-009 05/01/2017 BLACK HAWK COUNTY Rates Fringes LABORER Common or General, Mason Tender - Brick, Mason Tender - Concrete, Pipelayer. . . . . . . . . . . . . . . . . . .$ 19.13 10.92 ---------------------------------------------------------------- LAB00340-005 05/01/2016 BREMER AND GRUNDY COUNTY Rates Fringes LABORER Common or General. . . . . . . . . . .$ 21.62 11.30 Mason Tender - Brick. . . . . . . .$ 21.62 11.30 Mason Tender - Cement/Concrete. . . . . . . . . . . . .$ 21.62 11.30 Pipelayer. . . . . . . . . . . . . . . . . . .$ 21.62 11.30 ---------------------------------------------------------------- PLAS0021-002 05/01/2018 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 26.67 15.70 ---------------------------------------------------------------- ROOF0182-008 05/01/2020 Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 25.54 14.64 ---------------------------------------------------------------- TEAM0238-002 05/01/2019 Rates Fringes TRUCK DRIVER Dump Truck. . . . . . . . . . . . . . . . . .$ 28.55 14.30 Lowboy Truck. . . . . . . . . . . . . . . .$ 28.70 14.30 ---------------------------------------------------------------- SUTA2008-022 09/05/2008 https://beta.sam.gov/wage-determination/IA20210025/2 Page 57 of 6195 5/10/2021 SAM.gov Rates Fringes SHEETMETAL WORKER. . . . . . . . . . . . . . . .$ 15.04 3.82 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or " -UAVG" - denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing https://beta.sam.gov/wage-determination/IA20210025/2 Page 58 of 6195 5/10/2021 SAM.gov this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: https://beta.sam.gov/wage-determination/IA20210025/2 Page 59 of 61Q5 5/10/2021 SAM.gov Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" https://beta.sam.gov/wage-determination/IA20210025/2 Page 60 of 6195 SECTION 22 0050 BASIC PLUMBING REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic Plumbing Requirements specifically applicable to Mechanical Division Specification Sections. B. Division 22 Specification requirements also include, by reference, all Division 00 and 01 specification sections. This contractor is responsible to review these specification sections. Requirements of these specification sections are included as a part of this contract. 1.02 OWNER OCCUPANCY A. The owner will occupy the premises during the construction period. B. Limit use of site and premises to allow owner occupancy. C. Cooperate with the owner to minimize conflict and to facilitate owner's operations. D. Schedule the work to accommodate this requirement. 1.03 REGULATORY REQUIREMENTS A. This contractor shall give proper authorities all requisite notices relating to work in their charge, obtain official permits, licenses for temporary construction and pay proper fees for it. B. This contractor is to be solely answerable for and shall promptly make good all damage, injury or delay to other contractors, to neighboring premises or to persons or property of the public by themselves, by their employees or through any operation under their charge, whether in the contract or extra work. C. No attempt has been made to reproduce in these specifications any of the rules or regulations contained in city, state or federal ordinances and codes pertaining to the work covered by these specifications that the contractor be thoroughly familiar with all such ordinances and codes. D. The fact that said various rules, regulations and ordinances are not repeated in this specification does not relieve the contractor of the responsibility of making the entire installation in accordance with the requirement of those authorities having jurisdiction. E. All work shall comply with the applicable recommendations of: 1. The National Board of Fire Underwriters 2. The American Gas Association 3. The National Fire Protection Association (NFPA) 4. The Occupations Safety and Health Act (OSHA) 5. Current IBC Building Code 6. Current applicable city building codes 7. The Joint Commission 8. Iowa Administrative Code, Chapter 61 F. Mechanical: Conform to current mechanical code. G. Plumbing: Conform to current plumbing code. H. Obtain permits and request inspections from authority having jurisdiction. I. Safe Drinking Water Act and Senate Bill S.3874: All products must meet the lead-free requirements of the SDWA and NSF/ANSI 372 certification. 1.04 PROJECT/SITE CONDITIONS A. Install work in locations shown on the drawings unless prevented by project conditions. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 61 of 610 B. Prepare drawings showing proposed rearrangement of work to meet project conditions, including changes to work specified in other sections. Obtain permission of owner and architect/engineer before proceeding. C. This contractor, before submitting their bid, shall visit the site of the project to familiarize themselves with locations and conditions affecting their work. D. It is the intent of this specification that the contractor furnishes all labor and material required completing the installation as outlined in the drawings and specifications. No additions to the contract price shall be allowed due to the failure of this contractor to properly evaluate the effect of existing conditions on the work to be done under this contract. E. Whenever renovation or remodeling or relocation of existing equipment is included in the contract, it is imperative that all locations of existing piping, ductwork, equipment, services and grades be noted on the job site before bid is submitted and that all elevations and grades be verified before roughing in new work. F. This contractor shall provide holes as necessary for the installation of their work and in accordance with other specification sections in materials other than the structure. 1.05 SEQUENCING AND SCHEDULING A. This contractor shall arrange their work in order that it progresses along with the general construction of the building. B. This contractor shall be kept informed as to the work of other trades engaged in the project and shall execute their work in such a manner so as not to delay or interfere with progress of other contractors. C. Where space for mechanical and electrical lines and piping is limited, it is imperative that all such trades coordinate their work so as to insure concealment in space provided. Where conflict exists, the engineer shall decide priority of space. If work is not properly coordinated, the engineer may require removal and relocation of work without additional compensation. 1.06 GUARANTEE A. This contractor shall guarantee all of the apparatus, materials, equipment furnished and labor installed under this contract for a period of one year after date of final acceptance, unless a longer period is specified. B. Neither final certificate of payment nor any provisions in the contract documents nor partial or complete occupancy of premises by owner shall constitute an acceptance for work not done in accordance with contract documents or relieve the contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. C. Should any defects arise as the result of defective workmanship or material within the guarantee period set forth, this contractor shall make the necessary correction at their own expense. 1.07 ENGINEER APPROVED EQUAL PRODUCTS A. When the engineer, at the request of the interested parties, including the contractor, supplier and manufacturer approved "engineer approved equal" products for this project, such products are approved on the assumption that they will equal or exceed the performance of the products specified. B. If such products do not do so after being installed on this project, this contractor shall replace or modify the particular product as necessary to equal the performance of the products specified at no expense to the owner, architect or engineer. C. Request for"engineer approved equal" products shall be received by the architect/engineer prior to the last addendum being issued. Requests for substitutions received after this date will not be considered. Substitution requests shall clearly state which products are being FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 62 of 610 considered for substitution. Substitution requests shall include all pertinent product information needed to evaluate the substitution as an "equal". D. Similar products shall be all of the same manufacturers and style. There is no exception to this unless prior approval has been granted from engineer. 1.08 OWNER'S RIGHT OF SALVAGE A. Before beginning construction, this contractor shall check and verify with the owner each item of existing equipment that must be removed. B. The owner will designate which items of material or equipment not reused that they may wish to keep. This contractor shall then remove these items with care and store in a location designated by the owner for the owner's disposal. C. All other items of equipment to be removed and not specified for reuse in new construction or reserved by the owner for their use shall become the property of the contractor and shall be removed from site. 1.09 PROTECTION AND MAINTENANCE A. Where necessary to connect to any existing utility service, this contractor shall contact the owner and shall coordinate any building service connection with the owner so that normal operation to the building is disrupted as little as possible. B. Any work to be done in existing structures shall be coordinated with the owner and arrangements made so that traffic flow may be maintained and areas finished where possible before other areas are begun. C. This contractor shall protect existing equipment in finished areas from dirt, dust and damage as a result of their work. D. Coordinate protection requirements with department heads before beginning construction. E. Protect any building openings from unauthorized entry. Coordinate with owner where building entry must be controlled. 1.10 DEMOLITION A. This contractor shall be responsible for the demolition and removal of all existing mechanical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be relocated". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. 4. All elements to be removed are subject to the Owner's Right of Salvage. B. Preserve services to the existing facility. Extend/reroute/reconnect existing systems as required providing for the continued function of these systems. 1.11 CUTTING AND PATCHING A. This contractor shall do all cutting and patching necessary for the installation of their work in all existing and new buildings unless otherwise noted. B. This contractor shall arrange for openings in the building as required for the installation of equipment furnished under this contract. C. Where sewers must be extended or changed, patching with concrete will be done in the building. Patching shall be at both the top and bottom of sleeves where above grade. D. In areas where the integrity of new or existing fire separation assembly/wall is compromised by the work, contractor shall be responsible to patch and/or seal openings as necessary to maintain/return fire separation to rating as required by applicable codes. E. This contractor shall do all cutting and patching required for their work beyond the remodeled areas unless otherwise noted. All finish work shall include patching to match existing adjacent surfaces. Painting shall be by others. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 63 of 610 1.12 CLEANING AND RUBBISH A. This contractor shall upon completion of his work, remove all rubbish and debris resulting from their operation and shall remove it from site at their own expense. B. In so far as their work is concerned, all equipment shall be cleaned and the premises left in first class condition. C. This contractor shall maintain the work area each day to prevent hazardous accumulation of waste from their work. 1.13 SEALING AND PENETRATION A. Clearance around the piping passing through fire or smoke rated construction shall be sealed to maintain the rated integrity of the construction (1 hr. 2 hrs. etc.). One and two-hour rated assemblies are to be patched on both sides of the assembly. B. This contractor shall verify rating and location of all such construction with the architectural drawings and seal all penetrations. C. Manufacturer offering products to comply with the requirements include the following: 1. Dow Corning "Silicone RTV Foam" 2. 3-M Corporation "Fire Barrier Caulk and Putty" 3. Thomas & Betts "Flame Safe Fire Stop System" D. Installation of these products to be in strict accordance with manufacturer's recommendations and architectural specification sections or equivalent fire stopping architectural specification section. E. This contractor shall submit shop drawings showing approved sealing assemblies to be utilized on this project. 1.14 ELECTRICAL CONNECTIONS A. This contractor shall turn over all magnetic starters, thermal protective switches and speed changing switches furnished under this contract for all motor driven equipment to the electrical contractor who will install such starters and switches and wire them to their respective motors as a part of the electrical contract. 1.15 UTILITY COMPANY A. Any fees by the utility company are to be billed directly to the owner. 1.16 HAZARDOUS MATERIALS A. If the contractor stores any hazardous solvents or other materials on the site, they shall obtain copies of the safety data sheets for the materials and post them on the site. The contractor shall inform the owner and all employed of any potential exposure to this material. B. At no time shall any product containing asbestos be incorporated into the work. 1. If asbestos materials are encountered, report to the owner. The owner will be responsible for asbestos removal. 1.17 RECORD DRAWINGS A. This contractor shall provide, at the conclusion of the project, one clean, non-torn, neat, and legible "as-built"set of drawings to the owner. These drawings shall show the routing of pipes, ductwork and equipment drawn in at scaled locations. All dimensions indicated shall be referenced to a column line. A set of construction blue prints will be furnished for this work. B. All mechanical systems installed shall be shown on the "as-built" drawings. C. Refer to respective architectural specification section for additional information. D. This contractor shall update these drawings during the project at least every week. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 64 of 610 1.18 REVIEW OF MATERIALS A. This contractor shall submit to the engineer for review one (1) electronic copy of a brochure giving a complete list of materials and equipment they propose to furnish. The brochure shall contain complete information as to the make of equipment, type, size, capacities, dimensions and illustration. One of the returned copies shall be kept on the job at all times. B. Checking of submittal drawings by the engineer does not relieve the contractor of the responsibility for the accuracy of such drawings and for their conformity to drawings and specifications unless the contractor notifies engineer in writing of such deviation at time such drawings are furnished. C. All submittals shall have the date marked on them when the contractor receives them from the supplier. Submittals shall be submitted through the contractor and shall not come direct from the supplier to the architect or engineer. D. This contractor shall mark the date and sign each set that they have checked each of them in their entirety before submitting to the engineer. Submittals that are not dated and signed by the contractor will not be accepted, or checked and will be marked "resubmit" and sent back to the contractor. 1.19 SCOPE OF WORK A. All work shall be performed by well-qualified and licensed mechanics with a thorough knowledge of the various systems involved in this building. It shall be this contractor's responsibility to see that their mechanics are familiar with all the various codes and tests applicable to this work. B. All equipment shall be new and of the type as specified by the engineer unless otherwise noted in these specifications or on the drawings to remain and or be reused. C. The intent of the drawings and specifications is for complete installation of the systems outlined in the drawings and specifications so that at the conclusion of construction the system will be turned over to the owner complete and ready for safe and efficient operation. D. This contractor shall be required to furnish and install all such items normally included on systems of this type, which, while not mentioned directly herein or on the drawings are obviously essential to the installation and operation of the system and which are normally furnished on quality installation of this type. The drawings and specifications cannot deal individually with the many minute items that may be required by the nature of the systems. E. If there is a discrepancy between the drawings and the specifications or within either document, the more stringent requirement shall be estimated unless brought to the engineer's attention and an addendum is issued for clarification. F. The Plumbing Contractor shall establish system elevations prior to fabrication and installation. The Plumbing Contractor shall coordinate elevations with other trades. All elevations shall be coordinated with all trades in the field prior to installation. When a conflict between trades arises, the design team shall be notified immediately prior to further installation however priority shall be as follows: 1. Lighting Fixtures 2. Gravity flow piping, including steam and condensate. 3. Electrical bus duct. 4. Sheet metal. 5. Cable trays, including access space. 6. Other piping. 7. Conduits and wireway. 1.20 VERIFICATION OF ELEVATION OF EXISTING LINES A. This contractor, before starting any new work, shall verify the elevations of all existing piping to which they must connect under this contract. The contractor shall report any discrepancies FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 65 of 610 between drawing elevations and actual elevations to the engineer before proceeding with the work. Failure of the contractor to do so shall make them liable for the cost of extra work involved. 1.21 DAILY HOUSEKEEPING A. At the end of each working day, this contractor shall remove all of their debris, rubbish, tools and surplus materials from the project work area. The work area shall be broom clean and left in a neat and orderly condition. The contractor for the removal of debris from the project shall not use the owner's waste disposal facility. B. At end of construction, all equipment shall be cleaned and the premises left in first class condition as far as this contractor's work is concerned. 1.22 CLEANING OF MECHANICAL SYSTEMS A. The mechanical contractor shall clean and passivate all plumbing systems. Flush systems with water until free from all sand, grit, gravel, oil, etc. Provide Babcock/Wilcox Millipore and biological testing on the flush water. The flush will be considered a success when the water exiting the system contains less than 100 ppb of total suspended solids and less than 100 RLI-Is. B. Where connections are made to existing piping systems, this contractor shall provide isolation valves, threaded tees, etc., as required to facilitate the cleaning and testing of all new piping. C. This contractor shall thoroughly clean all rust, grease, plaster, cement, etc., from all equipment and piping furnished and installed by them as required to leave surfaces suitable for finish painting. D. This contractor shall keep all pipes, traps, waste lines, ducts, etc., plugged, drained or otherwise protected during construction. All items of mechanical equipment shall be suitably protected and upon completion of project shall be equal to new condition. 1.23 COMMISSIONING REQUIREMENTS A. The owner has contracted directly with to commission this project. Contact for further information at B. Contractor and their subcontractors and vendors shall assign representatives with expertise and authority to act on their behalf and schedule them to participate in and perform commissioning process activities including, but not limited to, the following: 1. Construction Phase: a. Facilitate the coordination of the commissioning and incorporate commissioning activities (the Commissioning Plan) into the Overall Project Schedule (OPS). b. Provide detailed startup procedures. c. Ensure that all subcontractors and vendors execute their commissioning responsibilities according to the contract documents and the OPS. d. Provide copies of all submittals as required in Section 01300 including all changes thereto. Attend and participate in commissioning team meetings. e. No later than 60 days prior to startup of the first piece of major equipment, meet with the CxA, CM, A/E, and PM and owner to finalize the detailed commissioning procedures/schedule. f. Provide the training of owner personnel. g. Review and accept construction checklists provided by the commissioning authority. h. Complete paper construction checklists as work is completed and provide to the commissioning agent. i. Accomplish commissioning process test procedures. j. Evaluate performance deficiencies identified in test reports and, in collaboration with entity responsible for system and equipment installation, recommend corrective action. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 66 of 610 k. Cooperate with the CxA for resolution of issues recorded in the "Issues Log". I. Prepare O & M manuals, according to the contract documents, including clarifying and updating the original sequences of operation to as-built/as-tested conditions. 2. Occupancy and Operations Phase a. Ensure that subcontractors provide assistance for seasonal or deferred performance testing, performed by the CxA, according to the specifications. b. Ensure that subcontractors correct deficiencies and make necessary adjustments to O & M manuals and as-built drawings for applicable issues identified in any seasonal testing. c. Perform all guarantee work for materials furnished under the contract for the time specified in the contract, including all warranties and curing all latent defects within the time period provided in the contract. C. Vendors/Subcontractors 1. Provide all requested submittal data, including detailed startup procedures and specific responsibilities of the owner to keep warranties in force. 2. Assist in equipment testing per agreements with subcontractors and/or contractor. 3. Include cost of all special tools and instruments (only available from vendor, specific to a piece of equipment) required for testing, operating, and maintaining equipment according to these contract documents in the base bid price to the contractor. 4. Analyze specified products and verify that the A/E has specified the newest, most current equipment reasonable for this project's scope and budget. 5. Provide requested information regarding equipment sequence of operation and testing procedures. 6. Review construction checklists and test procedures for equipment installed by factory representatives. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 7 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 67 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 8 of 8 BASIC PLUMBING REQUIREMENTS 220050 PRELIMINARY Page 68 of 610 SECTION 22 0090 MINOR PLUMBING DEMOLITION FOR REMODELING PART 1 GENERAL 1.01 SECTION INCLUDES A. The requirements of the Contract Forms, the Conditions of the Contract, Division 1 - General Requirements and Specification Section 22 0050 - Basic Mechanical Requirements "General Provisions" apply to this section. 1.02 SCOPE A. This contractor shall be responsible for the demolition and removal of all existing mechanical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be relocated". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. B. Preserve services to the existing facility. Extend, reroute, and reconnect existing systems as required providing for the continued function of these systems. C. This contractor shall be responsible for the cutting and capping of all existing gas, water, sewer, and any other utility service. D. Demolition shall be accomplished by the proper tools and equipment for the work to be removed. Personnel shall be experienced and qualified in the type of work to be performed. E. This contractor shall remove all abandon equipment, piping, ductwork, supports, equipment curbs, and bases associated with the remodeled areas unless noted otherwise. F. This contractor is responsible to provide temporary plumbing protection during this project. 1.03 MATERIALS A. All elements to be removed are subject to the Owner's Right of Salvage. B. All materials removed shall be the property of the removing contractor and shall be removed from the site by them, unless otherwise specified. C. The owner may designate and have salvage rights to any material herein demolished by this contractor. The contractor shall coordinate with the owner prior to start of demolition. 1.04 WORK BY OTHERS A. Unless specifically noted under other contracts, this mechanical contractor shall assume they will perform all required work. In general, the following will be performed by others: 1. The electrical contractor will disconnect all electrical service and remove conduit back to behind finished surfaces, close and cap ends of conduits. 1.05 EXISTING CONDITIONS A. If any piping serving existing fixtures or equipment(that are to remain) are disturbed by operations under this contract, this contractor shall provide pipe and insulation required to re-establish continuity of such piping systems. B. This contractor shall arrange for the general contractor to repair and patch all construction with material necessary to match surrounding due to the removal of equipment, piping, and ductwork. C. This contractor shall furnish all required labor and material, where required, to extend new work to connect to similar work for extension of existing systems. D. Demolition drawings are based on casual field observation and existing record documents. Report discrepancies to the owner before disturbing existing installation. Beginning of demolition means installer accepts existing conditions. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 MINOR PLUMBING DEMOLITION FOR REMODELING 220090 PRELIMINARY Page 69 of 610 PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 MINOR PLUMBING DEMOLITION FOR REMODELING 220090 PRELIMINARY Page 70 of 610 SECTION 22 0529 HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Pipe hangers and supports B. Accessories 1.02 RELATED SECTIONS A. Specification Section 22 1116 - Domestic Water Piping 1.03 REFERENCES A. ASME B31.9- Building Services Piping B. ASTM F708- Design and Installation of Rigid Pipe Hangers C. MSS SP58 - Pipe Hangers and Supports - Materials, Design and Manufacturer D. MSS SP69 - Pipe Hangers and Supports - Selection and Application E. MSS SP89 - Pipe Hangers and Supports - Fabrication and Installation Practices 1.04 SUBMITTALS A. Product Data: Provide manufacturers catalog data including load capacity. B. Design Data: Indicate load carrying capacity of trapeze, multiple pipe, and riser support hangers. C. Manufacturer's Installation Instructions: Indicate special procedures and assembly of components. 1.05 REGULATORY REQUIREMENTS A. Conform to applicable code for support of piping. PART 2 PRODUCTS 2.01 PIPE HANGERS AND SUPPORTS A. Manufacturers: 1. Anvil International 2. Tolco/Cooper B-Line 3. Engineer approved equal. 2.02 ACCESSORIES A. Hanger Rods: Mild steel threaded both ends, threaded one end or continuous threaded. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's instructions. 3.02 PIPE HANGERS AND SUPPORTS A. Support horizontal piping as scheduled. B. Install hangers to provide minimum 1/2 inch space between finished covering and adjacent work. C. Place hangers within 12 inch of each horizontal elbow. D. Use hangers with 1-1/2 inch minimum vertical adjustment. E. Support horizontal cast iron pipe adjacent to each hub with 5 foot maximum spacing between hangers. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT 220529 PRELIMINARY Page 71 of 610 F. Support vertical piping at every floor. Support vertical cast iron pipe at each floor at hub. G. Where several pipes can be installed in parallel and at same elevation, provide multiple or trapeze hangers. H. Support riser piping independently of connected horizontal piping. I. Provide copper plated hangers and supports for copper piping. J. Design hangers for pipe movement without disengagement of supported pipe. K. Prime coat exposed steel hangers and supports. Hangers and supports located in crawl spaces, pipe shafts, and suspended ceiling spaces are not considered exposed. 3.03 SCHEDULES HANGER ROD MAX. HANGER SPACING DIAMETER Pipe Size Feet Inches 1/2 to 1-1/4 6.5 3/8 1-1/2 to 2 10.0 3/8 2-1/2 to 3 10.0 1/2 4 to 6 10.0 5/8 8 to 12 14.0 7/8 14 and Over 20.0 1 PVC (all sizes) 6.0 3/8 C.I. Bell &Spigot (or No-Hub) 5.0 5/8 and at Joints END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT 220529 PRELIMINARY Page 72 of 610 SECTION 22 0553 IDENTIFICATION FOR PLUMBING AND EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Nameplates B. Tags C. Pipe markers D. Labels 1.02 REFERENCES A. ASME A13.1 -Scheme for the Identification of Piping Systems 1.03 SUBMITTALS A. Submit list of wording, symbols, letter size, and color-coding for mechanical identification. B. Submit valve chart and schedule, including valve tag number, location, function, and valve manufacturer's name and model number. C. Product Data: Provide manufacturers catalog literature for each product required. D. Samples: Submit two tags, 1-1/2 inch in size. E. Samples: Submit two labels, 1.9"x 0.75" in size. F. Manufacturer's Instructions: Indicate installation instructions, special procedures, and installation. G. Project Record Documents: Record actual locations of tagged valves, include valve tag numbers. 1.04 REGULATORY REQUIREMENTS A. Conform to NFPA 99 requirements for labeling and identification of medical gas piping systems and accessories. PART 2 PRODUCTS 2.01 NAMEPLATES A. Description: Laminated three-layer plastic with engraved black letters on light contrasting background color. 2.02 TAGS A. Plastic Tags: Laminated three-layer plastic with engraved black letters on light contrasting background color. Tag size minimum 1-1/2 inch diameter. B. Metal Tags: Brass with stamped letters; tag size minimum 1-1/2 inch diameter with smooth edges. C. Information Tags: Clear plastic with printed "Danger, "Caution" or"Warning" and message; size 3-1/4" x 5-5/8"with grommet and self-locking nylon ties. D. Tag Chart: Typewritten letter size list in anodized aluminum frame plastic laminated. 2.03 PIPE MARKERS A. Color and Lettering: Conform to ASME A13.1. B. Plastic Pipe Markers: Factory fabricated, flexible, semi-rigid plastic, preformed to fit around pipe or pipe covering. Larger sizes may have maximum sheet size with spring fastener. C. Plastic Underground Pipe Markers: Bright colored continuously printed plastic ribbon tape, minimum 6"W x 4" mil thick, manufactured for direct burial service. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 IDENTIFICATION FOR PLUMBING AND EQUIPMENT 220553 PRELIMINARY Page 73 of 610 D. Plastic Tape Pipe Markers: Flexible, vinyl film tape with pressure sensitive adhesive backing and printed markings indicating flow direction arrow and identification of fluid being conveyed. 2.04 LABELS A. Description: Laminated Mylar, size 1.9"x 0.75" adhesive backed with printed identification. PART 3 EXECUTION 3.01 PREPARATION A. De-grease and clean surfaces to receive adhesive for identification materials. 3.02 INSTALLATION A. Install identifying devices after completion of coverings and painting. B. Install plastic nameplates with corrosive-resistant mechanical fasteners or adhesive. C. Install labels with sufficient adhesive to ensure permanent adhesion and seal with clear lacquer. Apply paint primer before applying labels for unfinished canvas covering. D. Install tags using corrosion resistant chain. Number tags consecutively by location. E. Identify pumps, tanks, and water treatment devices with plastic nameplates. Small devices, such as in-line pumps, may be identified with tags. F. Identify control panels and major control components outside panels with plastic nameplates. G. Identify valves in main and branch piping with tags. H. Tag automatic controls, instruments, and relays. Key to control schematic. I. Identify piping, concealed or exposed with plastic tape pipe markers. Use tags on piping 3/4 inch diameter and smaller. Identify service, flow direction, and pressure. Install in clear view and align with axis of piping. Locate identification not to exceed 20 foot on straight runs including risers and drops, adjacent to each valve and tee, at each side of penetration of structure or enclosure and at each obstruction. Identify on both sides of any wall. J. Conform to owner's existing identification scheme. Verify with owner prior to bid. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 IDENTIFICATION FOR PLUMBING AND EQUIPMENT 220553 PRELIMINARY Page 74 of 610 SECTION 22 0716 PLUMBING EQUIPMENT INSULATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Fiberglass (rigid) B. Fiberglass (flexible) 1.02 RELATED SECTIONS A. Specification Section 22 0553 - Identification for Plumbing Piping and Equipment B. Specification Section 22 1116 - Domestic Plumbing Piping 1.03 REFERENCES A. ASTM A167 - Standard Specification for Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet, and Strip B. ASTM B209 - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate C. ASTM C177 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Guarded-Hot-Plate Apparatus D. ASTM C195- Standard Specification for Mineral Fiber Thermal Insulation Cement E. ASTM C240 - Standard Test Methods of Testing Cellular Glass Insulation Block F. ASTM C449/C449M - Standard Specification for Mineral Fiber Hydraulic-Setting Thermal Insulating and Finishing Cement G. ASTM C518 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus H. ASTM C533 - Standard Specification for Calcium Silicate Block and Pipe Thermal Insulation I. ASTM C534 - Standard Specification for Preformed Flexible Elastomeric Cellular Thermal Insulation in Sheet and Tubular Form J. ASTM C552 - Standard Specification for Cellular Glass Thermal Insulation K. ASTM C553 - Standard Specification for Mineral Fiber Blanket Thermal Insulation for Commercial and Industrial Applications L. ASTM C592 - Standard Specification for Mineral Fiber Blanket Insulation and Blanket-Type Pipe Insulation (Metal-Mesh Covered) (Industrial Type) M. ASTM C612 - Standard Specification for Mineral Fiber Block and Board Thermal Insulation N. ASTM C921 - Standard Practice for Determining the Properties of Jacketing Materials for Thermal Insulation O. ASTM D1056- Standard Specification for Flexible Cellular Materials - Sponge or Expanded Rubber P. ASTM E84- Standard Test Method for Surface Burning Characteristics of Building Materials Q. ASTM E96- Standard Test Methods for Water Vapor Transmission of Materials R. NAIMA National Insulation Standards S. NFPA 255- Standard Method of Test of Surface Burning Characteristics of Building Materials T. UL 723 - Standard for Test for Surface Burning Characteristics of Building Materials 1.04 SUBMITTALS A. Product Data: Provide product description, thermal characteristics, list of materials, and thickness for equipment scheduled. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 PLUMBING EQUIPMENT INSULATION 220716 PRELIMINARY Page 75 of 610 B. Manufacturer's Installation Instructions: Indicate procedures that ensure acceptable workmanship and installation standards will be achieved. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years experience. B. Applicator Qualifications: Company specializing in performing the work of this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Materials: Flame spread/smoke developed rating of 25/50 in accordance with ASTM E84. 1.07 DELIVERY, STORAGE,AND PROTECTION A. Deliver, store, protect, and handle products to site. B. Deliver materials on site in original factory packaging, labeled with manufacturer's identification, including product density and thickness. C. Store insulation in original wrapping and protect from weather and construction traffic, dirt, water, chemical, and mechanical damage. 1.08 ENVIRONMENTAL REQUIREMENTS A. Maintain ambient temperatures and conditions required by manufacturers of adhesives, mastics, and insulation cements. B. Maintain temperature during and after installation for minimum period of 24 hours. PART 2 PRODUCTS 2.01 FIBERGLASS (RIGID) A. Manufacturers: 1. Owens Corning 2. Johns Manville 3. Engineer approved equal. B. Insulation: ASTM C5612 rigid, non-combustible. 1. "K"Value: ASTM C335, 0.23 at 75 deg F. 2. Maximum Service Temperature: 450 deg F. 3. Maximum Moisture Absorption: 0.1% by volume. 4. Density: 6.0 Ib/cu. ft. C. Insulation: ASTM C553; flexible, noncombustible. 1. "K"Value: ASTM C177 or ASTM C518, 0.24 at 75 deg F. 2. Maximum Service Temperature: 250 deg F. 3. Maximum Moisture Absorption: 0.2% by volume. 4. Density: 6.0 Ib/cu. ft. D. Vapor Barrier Jacket: Kraft paper reinforced with fiberglass yarn and bonded to aluminized film. E. Moisture Vapor Transmission: ASTM E96; procedure A; 0.02 perm. F. Secure with self-sealing longitudinal laps and butt strips. G. Secure with outward clinch expanding staples and vapor barrier mastic. H. Tie Wire: 0.048 inch stainless steel with twisted ends on maximum 12 inch centers. I. Vapor Barrier Lap Adhesive: Compatible with insulation. J. Insulating Cement/Mastic: ASTM C195; hydraulic setting on mineral wool. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 PLUMBING EQUIPMENT INSULATION 220716 PRELIMINARY Page 76 of 610 2.02 FIBERGLASS (FLEXIBLE) A. Insulation: ASTM C612; flexible, noncombustible. 1. "K"Value: ASTM C177 or ASTM C518, 0.24 at 75 deg F. 2. Maximum Service Temperature: 450 deg F. 3. Maximum Moisture Absorption: 0.1% by volume. 4. Density: 1.0 Ib/cu. ft. B. Vapor Barrier Jacket: 1. Kraft paper reinforced with fiberglass yarn and bonded to aluminized film. 2. Moisture Vapor Transmission: ASTM E96; 0.02 perm. 3. Secure with self-sealing longitudinal laps and butt strips. 4. Secure with outward clinch expanding staples and vapor barrier mastic. C. Facing: Stainless steel one inch (1") hexagonal wire mesh stitched on one face of insulation. D. Vapor Barrier Lap Adhesive: Compatible with insulation. E. Insulating Cement/Mastic: ASTM C195; hydraulic setting on mineral wool. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that equipment has been tested before applying insulation materials. B. Verify that surfaces are clean and dry with foreign material removed. 3.02 INSTALLATION A. Install materials in accordance with manufacturer's instructions. B. Do not insulate factory-insulated equipment. C. Exposed Equipment: Locate insulation and cover seams in least visible locations. D. Apply insulation close to equipment by grooving, scoring, and beveling insulation. Fasten insulation to equipment with studs, pins, clips, adhesive, wires or bands. E. Fill joints, cracks, seams, and depressions with bedding compound to form smooth surface. On cold equipment, use vapor barrier cement. F. Insulated Equipment Containing Fluids Below Ambient Temperature: 1. Insulate entire system. 2. Provide vapor barrier jackets, factory applied or field applied. 3. Finish with vapor barrier adhesive. 4. Insulate entire system including fittings, valves, unions, flanges, strainers, flexible connectors, pump bodies, expansion joints, air separators and heat exchanger vessels. G. Insulated Equipment Containing Fluids Above Ambient Temperature: 1. Provide standard jackets with vapor barrier, factory applied or field applied. 2. Hot equipment containing fluid 140 deg F or less do not insulate flanges and unions, but bevel and seal ends of insulation. 3. Hot equipment containing fluids over 140 deg F insulate flanges and unions with removable sections and jackets. 4. Insulate entire system including fittings, valves, unions, flanges, strainers, flexible connectors, pump bodies, expansion joints, air separators, and heat exchanger vessels. H. Inserts and Shields: 1. Application: Equipment two inch (2") diameter or larger. 2. Shields: Galvanized steel between hangers an inserts. 3. Insert Location: Between support shield and equipment under the finish jacket. 4. Insert Configuration: Minimum six inch (6") long of same thickness and contour as adjoining insulation. May be factory lubricated. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 PLUMBING EQUIPMENT INSULATION 220716 PRELIMINARY Page 77 of 610 5. Insert Material: Poly Iso-Cyanurate. I. Finish insulation at supports, protrusions, and interrupters. J. Do not insulate over nameplate or ASME stamp. Bevel and seal insulation around such. K. Install insulation for equipment requiring access for maintenance, repair or cleaning in such a manner that it can be easily removed and replaced without damage. L. Do not insulate flanges and unions, however bevel and seal ends of insulation for hot equipment containing fluid 140 deg F or less. M. Insulate flanges and unions with removable sections and jackets for hot equipment containing fluids over 140 deg F. N. Finish insulation at supports, protrusions, and interruptions. O. Equipment Requiring Access for Maintenance, Repair or Cleaning: Install insulation so it can be easily removed and replaced without damage. 3.03 SCHEDULE FIBERGLASS RIGID INSULATION EQUIPMENT THICKNESS Plumbing Water Systems 1" Heating Water Systems 1-1/2" END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 PLUMBING EQUIPMENT INSULATION 220716 PRELIMINARY Page 78 of 610 SECTION 22 0719 DOMESTIC PLUMBING INSULATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Fiberglass 1.02 RELATED SECTIONS A. Specification Section 22 0553 - Identification for Plumbing Piping and Equipment 1.03 REFERENCES A. ASTM A167 - Standard Specification for Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet and Strip B. ASTM B209 - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate C. ASTM C177 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Guarded Hot Plate Apparatus D. ASTM C195 - Standard Specification for Mineral Fiber Thermal Insulating Cement E. ASTM C240 - Standard Test Methods of Testing Cellular Glass Insulation Block F. ASTM C449/C449M -Standard Specification for Mineral Fiber Hydraulic-Setting Thermal Insulating and Finishing Cement G. ASTM C518 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus H. ASTM C533 - Standard Specification for Calcium Silicate Block and Pipe Thermal Insulation I. ASTM C534 - Standard Specification for Preformed Flexible Elastomeric Cellular Thermal Insulation in Sheet and Tubular Form J. ASTM C547 - Standard Specification for Mineral Fiber Preformed Pipe Insulation K. ASTM C552 - Standard Specification for Cellular Glass Thermal Insulation L. ASTM C578 - Standard Specification for Preformed, Cellular Polystyrene Thermal Insulation M. ASTM C591 - Standard Specification for Unfaced Preformed Rigid Cellular Polyurethane Thermal Insulation N. ASTM C610 - Standard Specification for Expanded Perlite Block and Pipe Thermal Insulation O. ASTM C795- Standard Specification for Thermal Insulation for Use in Contact with Austenitic Stainless Steel P. ASTM C921 - Standard Practice for Determining the Properties of Jacketing Materials for Thermal Insulation Q. ASTM D1056- Standard Specification for Flexible Cellular Materials - Sponge or Expanded Rubber R. ASTM D1667 - Standard Specification for Flexible Cellular Materials -Vinyl Chloride Polymers and Copolymers S. ASTM D1784- Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds T. ASTM D2842 - Standard Test Method for Water Absorption of Rigid Cellular Plastics U. ASTM E84- Standard Test Method for Surface Burning Characteristics of Building Materials V. ASTM E96- Standard Test Methods for Water Vapor Transmission of Materials W. NAIMA National Insulation Standards X. NFPA 255- Standard Method of Test of Surface Burning Characteristics of Building Materials FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 DOMESTIC PLUMBING INSULATION 220719 PRELIMINARY Page 79 of 610 Y. UL 723 - Standard for Test for Surface Burning Characteristics of Building Materials 1.04 SUBMITTALS A. Product Data: Provide product description, thermal characteristics, list of materials, and thickness for each service and location. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years experience. B. Applicator Qualifications: Company specializing in performing the work of this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to maximum flame spread/smoke developed rating of 25/50 in accordance with ASTM E84. 1.07 DELIVERY, STORAGE,AND PROTECTION A. Accept materials on site, labeled with manufacturer's identification, product density and thickness. 1.08 ENVIRONMENTAL REQUIREMENTS A. Maintain ambient conditions required by manufacturers of each product. B. Maintain temperature before, during, and after installation for minimum of 24 hours. PART 2 PRODUCTS 2.01 FIBERGLASS A. Manufacturers: 1. Johns Manville Micro-Lok HP 2. Owens Corning 3. Knauff 4. Engineer approved equal. B. Insulation: ASTM C547 rigid molded, noncombustible. C. "K"Value: ASTM C335, 0.23 at 75 deg F. D. Minimum Service Temperature: 0 deg F. E. Maximum Service Temperature: 800 deg F. F. Maximum Moisture Absorption: <5% by weight. G. Vapor Barrier Jacket: ASTM C1136, white Kraft paper with fiberglass yarn, bonded to aluminized film. H. Moisture Vapor Transmission: ASTM E96; 0.02 perm inches. I. Secure with self-sealing longitudinal laps and butt strips. J. Surface Burning: ASTM E84; Flame Spread-25, Smoke Developed-50 K. VOC Content: ASTM D5116; 0.15 g/I PART 3 EXECUTION 3.01 EXAMINATION A. Verify that piping has been tested before applying insulation materials. B. Verify that surfaces are clean and dry with foreign material removed. 3.02 INSTALLATION A. Install materials in accordance with manufacturer's instructions. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 DOMESTIC PLUMBING INSULATION 220719 PRELIMINARY Page 80 of 610 B. Exposed Piping: Locate insulation and cover seams in least visible locations. C. Insulated Pipes Conveying Fluids Above Ambient Temperature: 1. Provide standard jackets with vapor barrier, factory applied. 2. Insulate fittings,joints and valves with insulation of like material and thickness as adjoining pipe. 3. Provide PVC fitting covers. 4. Continue insulation through walls (unless in firewall sleeves) pipe hangers and other pipe penetrations. D. Inserts and Shields: 1. Manufacturers: a. Jeff Company/Buckaroo b. Amacell c. Cooper/Eaton d. TPS e. Engineer approved equal. 2. Shields: Galvanized saddle with flared edges between pipe hangers or pipe hanger rolls and inserts. 3. Insert Location: Between support shield and piping and under the vapor barrier and finish jacket. 4. Insert Configuration: Minimum six inch (6") long of same thickness and contour as adjoining insulation; may be factory fabricated. 5. Insert Type: a. Polystyrene and Fiberglass Insulation: 360 degree polyisocyanurate or phenolic foam cylindrical insert capable of supporting piping system. Pre-fabricated, insulated and jacketed supports are acceptable. Blocks, plugs, or wood material are not acceptable. b. Flexible Elastomeric Foam Insulation: Pre-fabricated 360 degree insulated pipe hanger with polyethylene inserts (Armacell "Armafix" or equal). Match thickness of pipe insulation. Hanger shall have PVC or aluminum jacket. Provide friction tape on inside of pipe clamp/support to avoid slipping. E. Insulation shall be continuous at all hangers. Hanger shall not be in direct contact with pipe. F. Insulation on piping served by heat trace shall be sized large enough to enclose the pipe and the heat wire. 3.03 TOLERANCE A. Substituted insulation materials shall provide thermal resistance within 10% at normal conditions, as materials indicate. 3.04 SCHEDULE FIBERGLASS INSULATION PIPING SYSTEMS: PIPE SIZE THICKNESS Plumbing Systems: Domestic Hot Water and Re-Circulation Less than 1.5" 1" Domestic Hot Water and Re-Circulation 1.5" and Larger 1.5" END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 DOMESTIC PLUMBING INSULATION 220719 PRELIMINARY Page 81 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 DOMESTIC PLUMBING INSULATION 220719 PRELIMINARY Page 82 of 610 SECTION 22 1116 DOMESTIC PLUMBING PIPING PART 1 GENERAL 1.01 SECTION INCLUDES A. Water piping (above grade) B. Pipe accessories 1.02 RELATED SECTIONS A. Specification Section 22 0553 - Identification for Plumbing Piping and Equipment 1.03 REFERENCES A. ASME B31.1 - Power Piping B. ASME B31.9- Building Service Piping C. ASME Section 9-Welding and Brazing Qualifications D. ASME B16.1 - Cast Iron Pipe Flanges and Flanged Fittings Class 25, 125, 250 and 800 E. ASME B16.3- Malleable Iron Threaded Fittings F. ASME B16.4 - Cast Iron Threaded Fittings Class 125 and 250 G. ASME B16.18 - Cast Bronze Solder-Joint Pressure Fittings H. ASME B16.22 -Wrought Copper and Bronze Solder-Joint Pressure Fittings I. ASME B16.23 - Cast Copper Alloy Solder-Joint Drainage Fittings— DWV J. ASME B16.26 - Cast Bronze Fittings for Flared Copper Tubes K. ASME B16.29 -Wrought Copper and Wrought Copper Alloy Solder-Joint Drainage Fittings- DWV L. ASME B16.32 - Cast Copper Alloy Solder-Joint Fittings for Solvent Drainage Systems M. ASTM A47- Ferritic Malleable Iron Castings N. ASTM A53- Pipe, Steel, Black and Hot-Dipped Zinc Coated, Welded and Seamless O. ASTM A74- Cast Iron Soil Pipe and Fittings P. ASTM A120 - Pipe, Steel, Black and Hot-Dipped Zinc Coated (galvanized), Welded and Seamless for Ordinary Use Q. ASTM A234 - Pipe Fittings of Wrought Copper Steel and Alloy Steel for Moderate and Elevated Temperatures R. ASTM B32 - Solder Metal S. ASTM B42 - Seamless Copper Pipe T. ASTM B43- Seamless Red Brass Pipe U. ASTM B75- Seamless Copper Tube V. ASTM B88- Seamless Copper Water Tube W. ASTM B251 -Wrought Seamless Copper and Copper-Alloy Tube X. ASTM B302 -Threadless Copper Pipe (TP) Y. ASTM B306 - Copper Drainage Tube (DWV) Z. ASTM C14 - Concrete Sewer, Storm Drain and Culvert Pipe AA. ASTM C425- Compression Joints for Vitrified Clay Pipe and Fittings AB. ASTM C443 - Joints or Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets AC. ASTM C564 - Rubber Gaskets for Cast Iron Soil Pipe and Fittings FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 DOMESTIC PLUMBING PIPING 221116 PRELIMINARY Page 83 of 610 AD. ASTM C700 -Vitrified Clay Pipe, Extra Strength, Standard Strength and Perforated. AE. ASTM D1785- Poly Vinyl Chloride (PVC) Plastic Pipe, Schedules 40, 80 and 120 AF. ASTM D2683- Socket type Polyethylene fillings for outside diameter controlled polyethylene pipe AG. AWS A5.8 - Brazing Filler Metal AH. AWWA C105 - Polyethylene Encasement for Ductile Iron Piping for Water and Other Liquids Al. AWWA C110 - Ductile Iron Gray Iron Fittings three inch (3")through 48 inch for Water and Other Liquids AJ. AWWA C111 - Rubber Gasket Joints for Ductile Iron and Gray Iron Pressure Pipe and Fittings AK. AWWA C651 - Disinfecting Water Mains AL. CISPI 301 - Cast Iron Soil Pipe and Fittings for Hubless Cast Iron Sanitary Systems AM. CISPI 310 -Joints for Hubless Cast Iron Sanitary Systems AN. NFPA 13 - Installation of Sprinkler Systems AO. NFPA 13R- Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories of Height AP. NSF/ANSI 61 - Drinking Water System Components- Health Effects AQ. NSF/ANSI 372 - Drinking Water System Components - Lead Content 1.04 SUBMITTALS A. Product Data: Provide data on pipe materials, pipe fittings, valves and accessories. Provide manufacturers catalog information. Indicate valve data and ratings. 1.05 PROJECT RECORD DOCUMENTS A. Record actual locations of valves. 1.06 OPERATION AND MAINTENANCE DATA A. Maintenance Data: Include installation instructions, spare parts list and exploded assembly views. 1.07 QUALITY ASSURANCE A. Perform work in accordance with the State of Iowa. B. Valves: Manufacturer's name and pressure rating marked on valve body. C. Welding Materials and Procedures: Conform to ASME Code and applicable state labor regulations. D. Welder's Certification: In accordance with ASME Section IX. E. Identify pipe with marking including size, material classification, specification, potable water certification and water pressure rating. F. Maintain one copy of each document on site. 1.08 REGULATORY REQUIREMENTS A. Perform work in accordance with local jurisdiction plumbing code. B. Conform to applicable code for installation of back flow prevention devices. C. Provide certificate of compliance from authority having jurisdiction indicating approval of installation of back flow prevention devices. D. Wetted surfaces of brass and bronze components shall contain <0.25%weighted average lead content(lead free) as defined by NSF/ANSI Standards 61 and 372. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 DOMESTIC PLUMBING PIPING 221116 PRELIMINARY Page 84 of 610 1.09 DELIVERY, STORAGE AND PROTECTION A. Deliver, store, protect and handle products to site. B. Accept valves on site in shipping containers with labeling in place. Inspect for damage. C. Provide temporary protective coating on cast iron and steel valves. D. Provide temporary end caps and closures on piping and fittings. Maintain in place until installation. E. Protect piping systems from entry of foreign materials by temporary covers, completing sections of the work and isolating parts of completed system. PART2 PRODUCTS 2.01 WATER PIPING (ABOVE GRADE) A. Copper Tubing: 1. ASTM B88, type#L hard drawn. 2. Fittings: ASME B16.22, wrought copper and bronze. 3. Joints: ASTM B32, solder, Grade 95TA. 2.02 PIPE ACCESSORIES A. Fittings: 1. All fittings shall be of the same material as the pipe. Material joining the fitting to the pipe shall be free from cracks and shall adhere tightly to each joining surface. 2. All fittings shall be capped with a plug of the same material as the pipe, and gasketed with the same gasket material as the pipe joint or be of material approved by the engineer. The plug shall be able to withstand all test pressures involved without leakage. PART 3 EXECUTION 3.01 PREPARATION A. Ream pipe and tube ends. Remove burrs. Bevel plain end ferrous pipe. B. Remove scale and dirt, on inside and outside, before assembly. C. Prepare piping connections to equipment with flanges or unions. 3.02 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Provide non-conducting dielectric connections wherever jointing dissimilar metals. C. Route piping in orderly manner and maintain gradient. Route parallel and perpendicular to walls. D. Install piping to conserve building space and not interfere with use of space. E. Group piping whenever practical at common elevations. F. Install piping to allow for expansion and contraction without stressing pipe,joints or connected equipment. G. Provide clearance in hangers and from structure and other equipment for installation of insulation and access to valves and fittings. H. Provide access where valves and fittings are not exposed. Coordinate size and location of access doors. I. Install water piping to ASME B31.9. 3.03 APPLICATION A. Install unions downstream of valves and at equipment or apparatus connections. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 DOMESTIC PLUMBING PIPING 221116 PRELIMINARY Page 85 of 610 B. Install brass male adapters each side of valves in copper piped system. Solder adapters to pipe. 3.04 ERECTION TOLERANCES A. Establish invert elevations, slopes for drainage to 1/8 inch per foot 1% minimum. Maintain gradients. B. Slope water piping minimum 0.25% and arrange to drain at low points. 3.05 DISINFECTION OF DOMESTIC WATER PIPING SYSTEM A. Prior to starting work, verify system is complete, flush and clean. B. The plumbing contractor is to make sure sanitary sewer lines are running smooth by running a snake through the sanitary sewer lines prior turning the facility over to the owner. C. Ensure pH of water to be treated is between 7.4 and 7.6 by adding alkali (caustic soda or soda ash)or acid (hydrochloric). D. Inject disinfectant, free chlorine in liquid, powder or tablet form throughout system to obtain 50-to 80 mg/L residual. E. Bleed water from outlets to ensure distribution and test for disinfectant residual at minimum 15% of outlets. F. Maintain disinfectant in system for 24 hours. G. If final disinfectant residual tests less than 25 mg/L, repeat treatment. H. Flush disinfectant from system until residual equal to that of incoming water or 1.0 mg/L. I. Take samples no sooner than 24 hours after flushing from 10% of outlets and from water entry and analyze in accordance with AWWA C651. Submit written report to owner. J. Work in this section shall be by a pre-approved water treatment contractor. 3.06 TESTING A. Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure not less than the working pressure under which it is to be used. B. The water used for tests shall be obtained from a potable source of supply C. Except for plastic piping, a 50 psi air pressure shall be permitted to be substituted for the water test. D. In either method of test, the piping shall withstand the test without leaking for a period of not less than 15 minutes. 3.07 SCHEDULES A. See the drawings. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 DOMESTIC PLUMBING PIPING 221116 PRELIMINARY Page 86 of 610 SECTION 22 3000 PLUMBING EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. In-line circulator pump 1.02 REFERENCES A. ASHRAE 90A- Energy Conservation in New Building Design B. NFPA 70 - National Electrical Code C. ASME Section VIIID - Pressure Vessels; Boiler and Pressure Vessel Codes D. ANSI/NEMA 250- Enclosure for Electrical Equipment (1000 volts max.) E. NSF/ANSI 61 - Drinking Water System Components- Health Effects F. NSF/ANSI 372 - Drinking Water System Components - Lead Content 1.03 SUBMITTALS A. Product Data: 1. Indicate pump type, capacity, power requirements, and affected adjacent construction. 2. Provide certified pump curves showing pump performance characteristics with pump and system operating point plotted. Include NPSH curve when applicable. 3. Provide electrical characteristics and connection requirements. 1.04 OPERATION AND MAINTENANCE DATA A. Include operation, maintenance and inspection data, replacement part numbers, availability, service depot location, and telephone number. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years experience. B. Provide pumps with manufacturer's name, model number, and rating/capacity identified. C. Ensure products and installation of specified products are in conformance with recommendations and requirements of the following organizations: 1. American Gas Association (AGA) 2. National Sanitation Foundation (NSF) 3. American Society of Mechanical Engineers (ASME) 4. National Board of Boiler and Pressure Vessel Inspectors (NBBPVI) 5. National Electrical Manufacturers'Association (NEMA) 6. Underwriters Laboratories (UL) D. Ensure pumps operate at specified system fluid temperatures without vapor binding and cavitation, are non-overloading in parallel or individual operation; operate within 25% of midpoint of published maximum efficiency curve. 1.06 REGULATORY REQUIREMENTS A. Conform to NSF, NBBPVI, and ANSI/NFPA requirements for water heaters. B. Conform to ASME Section VIIID for manufacture of pressure vessels for heat exchangers. C. Conform to ASME Section VIIID for tanks. D. Products Requiring Electrical Connection: Listed and classified by Underwriters Laboratories Inc., as suitable for the purpose specified and indicated. E. Wetted surfaces of brass and bronze components shall contain <0.25%weighted average lead content(lead free) as defined by NSF/ANSI Standards 61 and 372. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 PLUMBING EQUIPMENT 223000 PRELIMINARY Page 87 of 610 1.07 DELIVERY, STORAGE,AND PROTECTION A. Deliver, store, protect and handle products to site under provisions of Architectural Specification Sections. B. Provide temporary inlet and outlet caps. Maintain caps in place until installation. 1.08 WARRANTY A. Provide five-year manufacturer warranty under provisions of Architectural Specification Sections. 1.09 EXTRA MATERIALS A. Provide two pump seals. PART 2 PRODUCTS 2.01 IN-LINE CIRCULATOR PUMP A. Manufacturer: 1. B & G 2. Taco 3. Grundfos 4. Engineer approved equal. B. Performance: See schedule on drawings. C. Pump body: Stainless steel D. O-Ring: EPDM E. Bearing: Carbon/Alumina Ceramic F. Impeller: Nylon/PO G. All wetted parts: Stainless Steel H. The pump shall have sensorless control to automatically adjust pump performance as required. I. The pump shall be suitable for operation at 150 psig. J. The pump shall have three standard operating modes: Proportional Pressure, Constant Pressure, and Constant Speed. K. Motor shall be non-overloading at any point on the entire pump curve and be ECM/PM. PART 3 EXECUTION 3.01 WATER HEATER INSTALLATION A. Install in accordance with manufacturer's instructions. B. Coordinate with plumbing piping and related fuel piping, gas venting, and, electrical work to achieve operating system. C. Install unit with clearance for removal without disturbing other installed equipment or piping. 3.02 PUMP INSTALLATION A. Install in accordance with manufacturer's instructions. B. Provide air cock and drain connection on horizontal pump casings. C. Decrease from line size with long radius reducing elbows or reducers. D. Support piping adjacent to pump such that no weight is carried on pump casings. E. Ensure pumps operate at specified system fluid temperatures without vapor binding and cavitation, are non-overloading in parallel or individual operation and operate within 25% of midpoint of published maximum efficiency curve. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 PLUMBING EQUIPMENT 223000 PRELIMINARY Page 88 of 610 F. Low voltage wiring shall be by the mechanical contractor unless otherwise noted. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 PLUMBING EQUIPMENT 223000 PRELIMINARY Page 89 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 PLUMBING EQUIPMENT 223000 PRELIMINARY Page 90 of 610 SECTION 23 0050 BASIC HVAC REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic HVAC Requirements specifically applicable to Mechanical Division Specification Sections. B. Division 23 Specification requirements also include, by reference, all Division 00 and 01 specification sections. This contractor is responsible to review these specification sections. Requirements of these specification sections are included as a part of this contract. 1.02 OWNER OCCUPANCY A. The owner will occupy the premises during the construction period. B. Limit use of site and premises to allow owner occupancy. C. Cooperate with the owner to minimize conflict and to facilitate owner's operations. D. Schedule the work to accommodate this requirement. 1.03 REGULATORY REQUIREMENTS A. This contractor shall give proper authorities all requisite notices relating to work in their charge, obtain official permits, licenses for temporary construction and pay proper fees for it. B. This contractor is to be solely answerable for and shall promptly make good all damage, injury or delay to other contractors, to neighboring premises or to persons or property of the public by themselves, by their employees or through any operation under their charge, whether in the contract or extra work. C. No attempt has been made to reproduce in these specifications any of the rules or regulations contained in city, state or federal ordinances and codes pertaining to the work covered by these specifications that the contractor be thoroughly familiar with all such ordinances and codes. D. The fact that said various rules, regulations and ordinances are not repeated in this specification does not relieve the contractor of the responsibility of making the entire installation in accordance with the requirement of those authorities having jurisdiction. E. All work shall comply with the applicable recommendations of: 1. The National Board of Fire Underwriters 2. American Gas Association 3. The National Fire Protection Association (NFPA) 4. The Occupations Safety and Health Act (OSHA) 5. Current IBC Building Code 6. Current applicable city building codes. 7. Current International Energy Conservation Code F. Mechanical: Conform to current mechanical code. G. Plumbing: Conform to current plumbing code. H. Obtain permits and request inspections from authority having jurisdiction. 1.04 PROJECT/SITE CONDITIONS A. Install work in locations shown on the drawings unless prevented by project conditions. B. Prepare drawings showing proposed rearrangement of work to meet project conditions, including changes to work specified in other sections. Obtain permission of owner and architect/engineer before proceeding. C. This contractor, before submitting bid, shall visit their the site of the project to familiarize themselves with locations and conditions affecting their work. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 91 of 610 D. It is the intent of this specification that the contractor furnishes all labor and material required completing the installation as outlined in the drawings and specifications. No additions to the contract price shall be allowed due to the failure of this contractor to properly evaluate the effect of existing conditions on the work to be done under this contract. E. Whenever renovation or remodeling or relocation of existing equipment is included in the contract, it is imperative that all locations of existing piping, ductwork, equipment, services and grades be noted on the job site before bid is submitted and that all elevations and grades be verified before roughing in new work. F. This contractor shall provide holes as necessary for the installation of their work and in accordance with other specification sections in materials other than the structure. 1.05 SEQUENCING AND SCHEDULING A. This contractor shall arrange their work in order that it progresses along with the general construction of the building. B. This contractor shall be kept informed as to the work of other trades engaged in the project and shall execute their work in such a manner so as not to delay or interfere with progress of other contractors. C. Where space for mechanical and electrical lines and piping is limited, it is imperative that all such trades coordinate their work so as to insure concealment in space provided. Where conflict exists, the engineer shall decide priority of space. If work is not properly coordinated, the engineer may require removal and relocation of work without additional compensation. 1.06 GUARANTEE A. This contractor shall guarantee all of the apparatus, materials, equipment furnished and labor installed under this contract for a period of one year after date of final acceptance, unless a longer period is specified. B. Neither final certificate of payment nor any provisions in the contract documents nor partial or complete occupancy of premises by owner shall constitute an acceptance for work not done in accordance with contract documents or relieve the contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. C. Should any defects arise as the result of defective workmanship or material within the guarantee period set forth, this contractor shall make the necessary correction at their own expense. 1.07 ENGINEER APPROVED EQUAL PRODUCTS A. When the engineer, at the request of the interested parties, including the contractor, supplier and manufacturer approved "engineer approved equal" products for this project, such products are approved on the assumption that they will equal or exceed the performance of the products specified. B. If such products do not do so after being installed on this project, this contractor shall replace or modify the particular product as necessary to equal the performance of the products specified at no expense to the owner, architect or engineer. C. Request for"engineer approved equal" products shall be received by the architect/engineer prior to the last addendum being issued. Requests for substitutions received after this date will not be considered. Substitution requests shall clearly state which products are being considered for substitution. Substitution requests shall include all pertinent product information needed to evaluate the substitution as an "equal'. D. Similar products shall be all of the same manufacturers and style. There is no exception to this unless prior approval has been granted from engineer. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 92 of 610 1.08 OWNER'S RIGHT OF SALVAGE A. Before beginning construction, this contractor shall check and verify with the owner each item of existing equipment that must be removed. B. The owner will designate which items of material or equipment not reused that they may wish to keep. The contractor shall then remove these items with care and store in a location designated by the owner for the owner's disposal. C. All other items of equipment to be removed and not specified for reuse in new construction or reserved by the owner for their use shall become the property of the contractor and shall be removed from site. 1.09 PROTECTION AND MAINTENANCE A. Where necessary to connect to any existing utility service, this contractor shall contact the owner and shall coordinate any building service connection with the owner so that normal operation to the building is disrupted as little as possible. B. Any work to be done in existing structures shall be coordinated with the owner and arrangements made so that traffic flow may be maintained and areas finished where possible before other areas are begun. C. This contractor shall protect existing equipment in finished areas from dirt, dust and damage as a result of their work. D. Coordinate protection requirements with department heads before beginning construction. E. Protect any building openings from unauthorized entry. Coordinate with owner where building entry must be controlled. 1.10 DEMOLITION A. This contractor shall be responsible for the demolition and removal of all existing mechanical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be relocated". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. 4. All elements to be removed are subject to the Owner's Right of Salvage. B. Preserve services to the existing facility. Extend/reroute/reconnect existing systems as required providing for the continued function of these systems. 1.11 TEMPORARY HEATING,VENTILATION, AND AIR CONDITIONING A. Coordinate provisions for temporary heating, cooling, ventilation, and/or dehumidification with the general contractor as required in Division 01. B. Coordinate construction heating gas requirements with the utility company prior to the start of construction. C. If permanent HVAC units are to be operated prior to substantial completion, the mechanical contractor shall take steps as necessary to prevent construction dust and debris from entering the HVAC system. 1.12 CUTTING AND PATCHING A. This contractor shall do all cutting and patching necessary for the installation of their work in all existing and new buildings unless otherwise noted. B. This contractor shall arrange for openings in the building as required for the installation of equipment furnished under this contract. Where ductwork or piping must be extended or changed, patching with concrete will be done in the building. Patching shall be at both the top and bottom of sleeves where above grade. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 93 of 610 C. In areas where the integrity of new or existing fire separation assembly/wall is compromised by the work, contractor shall be responsible to patch and/or seal openings as necessary to maintain/return fire separation to rating as required by applicable codes. D. This contractor shall do all cutting and patching required for their work beyond the remodeled areas unless otherwise noted. All finish work shall include patching to match existing adjacent surfaces. Painting shall be by others. 1.13 CLEANING AND RUBBISH A. This contractor, upon completion of their work, shall remove all rubbish and debris resulting from their operation and shall remove it from site at their own expense. B. In so far as their work is concerned, all equipment shall be cleaned and the premises left in first class condition. C. This contractor shall maintain the work area each day to prevent hazardous accumulation of waste from their work. 1.14 SEALING AND PENETRATION A. Clearance around the piping passing through fire or smoke rated construction shall be sealed to maintain the rated integrity of the construction (1 hr. 2 hrs. etc.). One and two-hour rated assemblies are to be patched on both sides of the assembly. B. This contractor shall verify rating and location of all such construction with the architectural drawings and seal all penetrations. C. Manufacturer offering products to comply with the requirements include the following: 1. Dow Corning "Silicone RTV Foam" 2. 3-M Corporation "Fire Barrier Caulk and Putty" 3. Thomas & Betts "Flame Safe Fire Stop System" D. Installation of these products to be in strict accordance with manufacturer's recommendations and architectural specification sections or equivalent fire stopping architectural specification section. E. This contractor shall submit shop drawings showing approved sealing assemblies to be utilized on this project. 1.15 ELECTRICAL CONNECTIONS A. This contractor shall turn over all magnetic starters, thermal protective switches, and speed changing switches furnished under this contract for all motor driven equipment to the electrical contractor who will install such starters and switches and wire them to their respective motors as a part of the electrical contract. 1.16 UTILITY COMPANY A. Any fees by the utility company are to be billed directly to the owner. 1.17 HAZARDOUS MATERIALS A. If the contractor stores any hazardous solvents or other materials on the site, they shall obtain copies of the safety data sheets for the materials and post them on the site. The contractor shall inform the owner and all employed of any potential exposure to this material. B. At no time shall any product containing asbestos be incorporated into the work. 1. If asbestos materials are encountered, report to the owner. The owner will be responsible for asbestos removal. 1.18 RECORD DRAWINGS A. This contractor shall provide at the conclusion of the project one clean, non-torn, neat, and legible "as-built"set of drawings to the owner. These drawings shall show the routing of pipes, FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 94 of 610 ductwork and equipment drawn in at scaled locations. All dimensions indicated shall be referenced to a column line. A set of construction blue prints will be furnished for this work. B. All mechanical systems installed shall be shown on the "as-built" drawings. This includes all addendum items and change orders. C. Refer to respective architectural specification section for additional information. D. This contractor shall update these drawings during the project at least every week. 1.19 REVIEW OF MATERIALS A. This contractor shall submit to the engineer for review one (1)electronic copy giving a complete list of materials and equipment they propose to furnish. The brochure shall contain complete information as to the make of equipment, type, size, capacities, dimensions and illustration. One of these returned copies shall be kept on the job at all times. B. Checking of submittal drawings by the engineer does not relieve the contractor of the responsibility for the accuracy of such drawings and for their conformity to drawings and specifications unless the contractor notifies engineer in writing of such deviation at time such drawings are furnished. C. All submittals shall have the date marked on them when the contractor receives them from the supplier. Submittals shall be submitted through the contractor and shall not come direct from the supplier to the architect or engineer. D. This contractor shall mark the date and sign each set that they have checked each of them in their entirety before submitting to the engineer. Submittals that are not dated and signed by the contractor will not be accepted, or checked and will be marked "resubmit" and sent back to the contractor. 1.20 TEST OF SYSTEMS A. This contractor, before concealed, shall test all systems installed under this contract as called for in these specifications and as required by local codes. Tests shall be made in the presence of the engineer, local authorities or their duly authorized representative. Any defects discovered in testing shall be corrected and the tests repeated until all defects are eliminated. B. This contractor shall be held responsible for all damage resulting from defects in the system. C. At the conclusion of construction (before any covering up, painting or finishing)each element of the system shall be thoroughly tested against leakage, with appropriate pressure tests, as outlined herein and in appropriate sections of the specifications. All testing shall be hydrostatic unless permission is granted otherwise. 1. Water: 100 psi maintained 8 hours 2. Under Floor Pipes: 200 psi maintained 8 hours D. Fluid lines other than the above 1.5 times operating with a minimum pressure of 60 psig. E. After completion of installation, the systems shall be given tests under full operating conditions and pressures and all adjustments shall be made to make the system operative as required. All safety devices shall be tested for correct operation. 1.21 SCOPE OF WORK A. All work shall be performed by well-qualified and licensed mechanics with a thorough knowledge of the various systems involved in this building. It shall be this contractor's responsibility to see that their mechanics are familiar with all the various codes and tests applicable to this work. B. All equipment shall be new and of the type as specified by the engineer unless otherwise noted in these specifications or on the drawings to remain and or be reused. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 95 of 610 C. The intent of the drawings and specifications is for complete installation of the systems outlined in the drawings and specifications so that at the conclusion of construction the system will be turned over to the owner complete and ready for safe and efficient operation. D. This contractor shall be required to furnish and install all such items normally included on systems of this type, which, while not mentioned directly herein or on the drawings are obviously essential to the installation and operation of the system and which are normally furnished on quality installation of this type. The drawings and specifications cannot deal individually with the many minute items that may be required by the nature of the systems. E. If there is a discrepancy between the drawings and the specifications or within either document, the more stringent requirement shall be estimated unless brought to the engineer's attention and an addendum is issued for clarification. F. The HVAC Contractor shall establish system elevations prior to fabrication and installation. The HVAC Contractor shall coordinate elevations with other trades. All elevations shall be coordinated with all trades in the field prior to installation. When a conflict between trades arises, the design team shall be notified immediately prior to further installation however priority shall be as follows: 1. Lighting Fixtures 2. Gravity flow piping, including steam and condensate 3. Electrical bus duct 4. Sheet metal 5. Cable trays, including access space 6. Other piping 7. Conduits and wireway 1.22 VERIFICATION OF ELEVATION OF EXISTING LINES A. This contractor shall before starting any new work, verify the elevations of all existing piping to which they must connect under this contract. The contractor shall report any discrepancies between drawing elevations and actual elevations to the engineer before proceeding with the work. Failure of the contractor to do so shall make them liable for the cost of extra work involved. 1.23 DAILY HOUSEKEEPING A. At the end of each working day, this contractor shall remove all of their debris, rubbish, tools and surplus materials from the project work area. The work area shall be broom clean and left in a neat and orderly condition. The contractor for the removal of debris from the project shall not use the owner's waste disposal facility. B. At end of construction, all equipment shall be cleaned and the premises left in first class condition as far as this contractor's work is concerned. 1.24 CLEANING OF MECHANICAL SYSTEMS [Note to Specifier: Use Item A when the project uses Section 23 2500 Cleaning &Treatment of Hydronic Systems to detail the cleaning of hydronic systems except in the smallest of projects. Design notes in the specification will provide guidance on the sections to include in the project.] A. The mechanical contractor shall clean and passivate all piping systems in accordance with Specification Section 23 2500 Cleaning &Treatment of Hydronic Systems. The system shall be left free of all construction debris, dirt, grit, oils, etc. The passivation procedure shall provide protection for all ferrous and non-ferrous components of the system. B. [OR] [Note to Specifier: Use Item C on small jobs where piping in limited and Section 23 2500 Cleaning &Treatment of Hydronic Systems is not used.] FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 96 of 610 C. The mechanical contractor shall clean and passivate all piping systems. Flush hydronic systems with water until free from all sand, grit, gravel, oil, etc. Provide Babcock/Wilcox Millipore and biological testing on the flush water. The flush will be considered a success when the water exiting the system contains less than 100 ppb of total suspended solids and less than 100 RLUs. D. Where connections are made to existing piping systems, this contractor shall provide isolation valves, threaded tees, etc., as required to facilitate the cleaning and testing of all new piping. E. This contractor shall thoroughly clean all rust, grease, plaster, cement, etc., from all equipment, ductwork and piping furnished and installed by them as required to leave surfaces suitable for finish painting. F. This contractor shall keep all pipes, ducts, etc., plugged, drained or otherwise protected during construction. All items of mechanical equipment shall be suitably protected and upon completion of project shall be equal to new condition. 1.25 TRENCHING AND BACKFILLING A. Each contractor is responsible for their own individual trenching and backfilling unless otherwise noted in the drawings or addendum. B. Prior to digging, all underground utilities, piping, etc shall be exactly located and marked. This contractor shall be held responsible for all damages caused by failure to do so. C. Any backfill shall be tamped and compacted to prevent future settling. The backfill shall be installed to a smooth and level grade and installed in accordance with local codes. D. All excess dirt shall be cleared from the area and disposed of as directed by the owner. E. Refer to architectural specification sections for additional requirements. 1.26 SYSTEM CONFIGURATION AND PROGRAMMING FILES A. Supply system configuration and programming files where export is available. B. Supply uncompiled programming for systems applicable. C. All configuration and programming shall be property of the owner at conclusion of the project. 1.27 COMMISSIONING REQUIREMENTS A. The owner has contracted directly with to commission this project. Contact for further information at B. Contractor and their subcontractors and vendors shall assign representatives with expertise and authority to act on their behalf and schedule them to participate in and perform commissioning process activities including, but not limited to, the following: 1. Construction Phase: a. Facilitate the coordination of the commissioning and incorporate commissioning activities (the Commissioning Plan) into the Overall Project Schedule (OPS). b. Provide detailed startup procedures. c. Ensure that all subcontractors and vendors execute their commissioning responsibilities according to the contract documents and the OPS. d. Provide copies of all submittals as required in Section 01300 including all changes thereto. Attend and participate in commissioning team meetings. e. No later than 60 days prior to startup of the first piece of major equipment, meet with the CxA, CM, A/E, and PM and owner to finalize the detailed commissioning procedures/schedule. f. Provide the training of owner personnel. g. Review and accept construction checklists provided by the commissioning authority. h. Complete paper construction checklists as work is completed and provide to the commissioning agent. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 7 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 97 of 610 i. Accomplish commissioning process test procedures. j. Evaluate performance deficiencies identified in test reports and, in collaboration with entity responsible for system and equipment installation, recommend corrective action. k. Cooperate with the CxA for resolution of issues recorded in the "Issues Log". I. Prepare O & M manuals, according to the contract documents, including clarifying and updating the original sequences of operation to as-builUas-tested conditions. 2. Occupancy and Operations Phase a. Ensure that subcontractors provide assistance for seasonal or deferred performance testing, performed by the CxA, according to the specifications. b. Ensure that subcontractors correct deficiencies and make necessary adjustments to O & M manuals and as-built drawings for applicable issues identified in any seasonal testing. c. Perform all guarantee work for materials furnished under the contract for the time specified in the contract, including all warranties and curing all latent defects within the time period provided in the contract. C. Vendors/Subcontractors 1. Provide all requested submittal data, including detailed startup procedures and specific responsibilities of the owner to keep warranties in force. 2. Assist in equipment testing per agreements with subcontractors and/or contractor. 3. Include cost of all special tools and instruments (only available from vendor, specific to a piece of equipment) required for testing, operating, and maintaining equipment according to these contract documents in the base bid price to the contractor. 4. Analyze specified products and verify that the A/E has specified the newest, most current equipment reasonable for this project's scope and budget. 5. Provide requested information regarding equipment sequence of operation and testing procedures. 6. Review construction checklists and test procedures for equipment installed by factory representatives. 1.28 COMMISSIONING A. See Specification Section for commissioning requirements. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 8 of 8 BASIC HVAC REQUIREMENTS 230050 PRELIMINARY Page 98 of 610 SECTION 23 0090 MINOR HVAC DEMOLITION FOR REMODELING PART 1 GENERAL 1.01 SECTION INCLUDES A. The requirements of the Contract Forms, the Conditions of the Contract, Division 1 - General Requirements and Specification Section 23 0050 - Basic Mechanical Requirements "General Provisions" apply to this section. 1.02 SCOPE A. This contractor shall be responsible for the demolition and removal of all existing mechanical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be relocated". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. B. Preserve services to the existing facility. Extend, reroute, and reconnect existing systems as required providing for the continued function of these systems. C. This contractor shall be responsible for the cutting and capping of all existing gas, water, sewer, and any other utility service. D. Demolition shall be accomplished by the proper tools and equipment for the work to be removed. Personnel shall be experienced and qualified in the type of work to be performed. E. This contractor shall remove all abandon equipment, piping, ductwork, supports, equipment curbs, and bases associated with the remodeled areas unless noted otherwise. F. This contractor is responsible to provide temporary HVAC protection during this project. 1.03 MATERIALS A. All elements to be removed are subject to the Owner's Right of Salvage. B. All materials removed shall be the property of the removing contractor and shall be removed from the site by them, unless otherwise specified. C. The owner may designate and have salvage rights to any material herein demolished by this contractor. The contractor shall coordinate with the owner prior to start of demolition. 1.04 WORK BY OTHERS A. Unless specifically noted under other contracts, this mechanical contractor shall assume they will perform all required work. In general, the following will be performed by others: 1. The electrical contractor will disconnect all electrical service and remove conduit back to behind finished surfaces, close and cap ends of conduits. 1.05 EXISTING CONDITIONS A. If any piping serving existing fixtures or equipment(that are to remain) are disturbed by operations under this contract, this contractor shall provide pipe and insulation required to re-establish continuity of such piping systems. B. This contractor shall arrange for the general contractor to repair and patch all construction with material necessary to match surrounding due to the removal of equipment, piping, and ductwork. C. This contractor shall furnish all required labor and material, where required, to extend new work to connect to similar work for extension of existing systems. D. Demolition drawings are based on casual field observation and existing record documents. Report discrepancies to the owner before disturbing existing installation. Beginning of demolition means installer accepts existing conditions. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 MINOR HVAC DEMOLITION FOR REMODELING 230090 PRELIMINARY Page 99 of 610 PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 MINOR HVAC DEMOLITION FOR REMODELING 230090 PRELIMINARY Page 100 of 610 SECTION 23 0529 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Pipe hangers and supports B. Accessories C. Flashing 1.02 RELATED SECTIONS A. Specification Section 23 2113 - Hydronic Piping 1.03 REFERENCES A. ASME B31.1 - Power Piping B. ASME B31.2 - Fuel Gas Piping C. ASME B31.5- Refrigeration Piping D. ASME B31.9- Building Services Piping E. ASTM F708- Design and Installation of Rigid Pipe Hangers F. MSS SP58 - Pipe Hangers and Supports - Materials, Design and Manufacturer G. MSS SP69 - Pipe Hangers and Supports - Selection and Application H. MSS SP89 - Pipe Hangers and Supports - Fabrication and Installation Practices 1.04 SUBMITTALS A. Product Data: Provide manufacturers catalog data including load capacity. B. Design Data: Indicate load carrying capacity of trapeze, multiple pipe, and riser support hangers. C. Manufacturer's Installation Instructions: Indicate special procedures and assembly of components. 1.05 REGULATORY REQUIREMENTS A. Conform to applicable code for support of piping. PART 2 PRODUCTS 2.01 PIPE HANGERS AND SUPPORTS A. Manufacturers: 1. Anvil International International 2. Cooper B-Line/Tolco 3. Engineer approved equal. B. Hydronic Piping: 1. Conform to ASME B31.9; ASTM F708 2. Hangers for Pipe Sizes 1/2"to 1-1/2": Carbon steel, adjustable swivel, split ring. Anvil International Figure 104. 3. Hangers for Cold Pipe Sizes 2" and Over: Carbon steel, adjustable, clevis. Anvil International Figure 260. 4. Hangers for Hot Pipe Sizes 2"to 4": Carbon steel, adjustable, clevis. Anvil International Figure 260. 5. Hangers for Hot Pipe Sizes 6" and Over: Adjustable steel yoke, cast iron roll, single hanger. Anvil International Figure 181. 6. Multiple or Trapeze Hangers: Steel channels with welded spacers and hanger rods. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 230529 PRELIMINARY Page 101 of 610 7. Multiple or Trapeze Hangers for Hot Pipe Sizes 6" and Over: Steel channels with welded spacers and hanger rods, cast iron roll. Anvil International Figure 175. 8. Wall Support for Pipe Sizes to 3 Inches: Cast iron bracket. Anvil International Figure 213. 9. Wall Support for Pipe Sizes 4"and Over: Welded steel bracket and wrought steel clamp. Anvil International Figure 195. 10. Wall Support for Hot Pipe Sizes 6" and Over: Welded steel bracket and wrought steel clamp with adjustable steel yoke and cast iron roll. Anvil International Figure 195 and 181. 11. Vertical Support: Steel riser clamp. Anvil International Figure 261. 12. Floor Support for Cold Pipe: Cast iron adjustable pipe saddle, lock nut, nipple, floor flange, and concrete pier or steel support. Anvil International Figure 264. 13. Floor Support for Hot Pipe Sizes to 4": Cast iron adjustable pipe saddle, lock nut, nipple, floor flange and concrete pier or steel support. Anvil International Figure 264. 14. Floor Support for Hot Pipe Sizes 6" and Over: Adjustable cast iron roll and stand, steel screws, and concrete pier or steel support. Anvil International Figure 274. 15. Copper Pipe Support: Carbon steel ring, adjustable, copper plated. Anvil International Figure 97. 16. Provide zinc coated hangers and supports for all non air conditioned areas. 2.02 ACCESSORIES A. Hanger Rods: Mild steel threaded both ends, threaded one end or continuous threaded. 2.03 FLASHING A. Metal Flashing: 26 gauge galvanized steel. B. Metal Counter Flashing: 22 gauge galvanized steel. C. Flexible Flashing: 47 mil thick sheet butyl compatible with roofing. D. Caps: Steel, 22 gauge minimum; 16 gauge at fire resistant elements. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's instructions. 3.02 PIPE HANGERS AND SUPPORTS A. Support horizontal piping as scheduled. B. Install hangers to provide minimum 1/2 inch space between finished covering and adjacent work. C. Place hangers within 12 inches of each horizontal elbow. D. Use hangers with 1-1/2 inch minimum vertical adjustment. E. Where several pipes can be installed in parallel and at same elevation, provide multiple or trapeze hangers. F. Support riser piping independently of connected horizontal piping. G. Provide copper plated hangers and supports for copper piping. H. Design hangers for pipe movement without disengagement of supported pipe. I. Support vertical piping every ten feet or on every floor. 3.03 FLASHING A. Provide flexible flashing and metal counter flashing where piping and ductwork penetrate weather or waterproofed walls, floors, and roofs. 3.04 SCHEDULES FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 230529 PRELIMINARY Page 102 of 610 HANGER ROD MAX. HANGER SPACING DIAMETER Pipe Size Feet Inches 1/2 to 1-1/4 6.5 3/8 1-1/2 to 2 10.0 3/8 2-1/2 to 3 10.0 1/2 4 to 6 10.0 5/8 8 to 12 14.0 7/8 14 and Over 20.0 1 END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 230529 PRELIMINARY Page 103 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 230529 PRELIMINARY Page 104 of 610 SECTION 23 0548 VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Vibration isolation B. Flexible pump connector 1.02 PERFORMANCE REQUIREMENTS A. Provide vibration isolation on motor driven equipment over 0.5 hp plus connected piping and ductwork. 1.03 SUBMITTALS A. Shop Drawings: Indicate inertia bases and curb bases. Locate vibration isolators with static and dynamic load on each. B. Product Data: Provide schedule of vibration isolator type with location and load on each. C. Manufacturer's Installation Instructions: Indicate special procedures and setting dimensions. D. Manufacturer's Certificate: Certify that isolators are properly installed and adjusted to meet or exceed specified requirements. 1.04 PROJECT RECORD DOCUMENTS A. Record actual locations of hangers including attachment points. PART 2 PRODUCTS 2.01 VIBRATION ISOLATORS A. Manufacturers: 1. Kinetics 2. Mason Industries 3. Amber Booth 4. Engineer approved equal. B. Neoprene Pad: 1. Rubber or neoprene waffle pads. a. 30 durometer. b. Minimum 1/2 inch thick. c. Maximum loading 40 psi. d. Height of ribs shall not exceed 0.7 times width. e. Configuration: Single layer 1/2 inch thick waffle pads bonded each side of 1/4 inch thick steel plate. f. Isolator: Mason Industries type#W. 2.02 FLEXIBLE PUMP CONNECTOR A. Manufacturers: 1. Minnesota Flexible Corp. Type MFRS 2. Engineer approved equal. B. Molded rubber expansion joints shall be provided on the discharge and suction of each base mounted pump. C. Expansion joints shall be constructed of 150 Ib, ASA, plate steel flanges with nylon reinforced neoprene rubber joint. D. Joint shall be rated for 26 inch vacuum and 225 psig pressure at 170 deg F operating temperature. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIPMENT 230548 PRELIMINARY Page 105 of 610 E. Joint shall have a minimum of 0.5 inch compression, 0.375 inch extension, and 0.5 inch lateral deflection. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install isolation for motor driven equipment. C. Provide a neoprene pad below all base mounted pumps unless otherwise noted. D. Install spring hangers without binding. E. Closed Spring Isolators: Adjust so side stabilizers are clear under normal operating conditions. F. Prior to making piping connections to equipment with operating weights substantially different from installed weights, block up equipment with temporary shims to final height. When full load is applied, adjust isolators to load to allow shim removal. G. Support piping connections to isolated equipment resiliently as follows: 1. Diameter Up to 4 Inches: First three points of support. 2. Diameter 5 Inch to 8 Inches: First four points of support. 3. Diameter 10 Inch and Over: First six points of support. 4. Select three hangers closest to vibration source for minimum one inch (1") static deflection or static deflection of isolated equipment. Select remaining isolators for minimum one inch (1")static deflection or 1/2 static deflection of isolated equipment. H. Connect wiring to isolated equipment with flexible hanging loop. I. Pad mounted equipment deflection shall be .25 inches. J. Spring mounted equipment deflection shall be two inches. K. Refer to schedule and details on the drawings. 3.02 MANUFACTURER'S FIELD SERVICES A. Inspect isolated equipment after installation and submit report. Include static deflections. 3.03 EQUIPMENT ISOLATION SCHEDULE A. Refer to equipment schedules in specifications and/or on the drawings. 3.04 PIPE ISOLATION SCHEDULE PIPE SIZES (INCHES) ISOLATED DISTANCE FROM EQUIPMENT 1 120 diameters 2 90 diameters 3 80 diameters 4 75 diameters 6 60 diameters 8 60 diameters 10 54 diameters 12 50 diameters 16 45 diameters 24 38 diameters END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 VIBRATION AND SEISMIC CONTROLS FOR HVAC PIPING AND EQUIPMENT 230548 PRELIMINARY Page 106 of 610 SECTION 23 0553 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT PART 1 GENERAL 1.01 SECTION INCLUDES A. Nameplates B. Tags C. Pipe markers D. Labels 1.02 REFERENCES A. ASME A13.1 -Scheme for the Identification of Piping Systems 1.03 SUBMITTALS A. Submit list of wording, symbols, letter size, and color-coding for mechanical identification. B. Submit valve chart and schedule, including valve tag number, location, function, and valve manufacturer's name and model number. C. Product Data: Provide manufacturers catalog literature for each product required. D. Samples: Submit two tags, 1-1/2 inch in size. E. Samples: Submit two labels, 1.9"x 0.75" in size. F. Manufacturer's Instructions: Indicate installation instructions, special procedures, and installation. G. Project Record Documents: Record actual locations of tagged valves, include valve tag numbers. PART 2 PRODUCTS 2.01 NAMEPLATES A. Description: Laminated three-layer plastic with engraved black letters on light contrasting background color. 2.02 TAGS A. Plastic Tags: Laminated three-layer plastic with engraved black letters on light contrasting background color. Tag size minimum 1-1/2 inch diameter. B. Metal Tags: Brass with stamped letters; tag size minimum 1-1/2 inch diameter with smooth edges. C. Information Tags: Clear plastic with printed "Danger, "Caution" or"Warning" and message; size 3-1/4"x 5-5/8"with grommet and self-locking nylon ties. D. Tag Chart: Typewritten letter size list in anodized aluminum frame plastic laminated. 2.03 PIPE MARKERS A. Color and Lettering: Conform to ASME A13.1. B. Plastic Pipe Markers: Factory fabricated, flexible, semi-rigid plastic, preformed to fit around pipe or pipe covering. Larger sizes may have maximum sheet size with spring fastener. C. Plastic Underground Pipe Markers: Bright colored continuously printed plastic ribbon tape, minimum 6"W x by 4" mil thick, manufactured for direct burial service. D. Plastic Tape Pipe Markers: Flexible, vinyl film tape with pressure sensitive adhesive backing and printed markings indicating flow direction arrow and identification of fluid being conveyed. 2.04 LABELS A. Description: Laminated Mylar, size 1.9"x 0.75" adhesive backed with printed identification. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT 230553 PRELIMINARY Page 107 of 610 PART 3 EXECUTION 3.01 PREPARATION A. De-grease and clean surfaces to receive adhesive for identification materials. 3.02 INSTALLATION A. Install identifying devices after completion of coverings and painting. B. Install plastic nameplates with corrosive-resistant mechanical fasteners or adhesive. C. Install labels with sufficient adhesive to ensure permanent adhesion and seal with clear lacquer. Apply paint primer before applying labels for unfinished canvas covering. D. Install tags using corrosion resistant chain. Number tags consecutively by location. E. Install underground plastic pipe markers six inch (6")to eight inch (8") below finished grade, directly above buried pipe. F. Identify air handling units, pumps, heat transfer equipment, tanks, and water treatment devices with plastic nameplates. Small devices, such as in-line pumps, may be identified with tags. G. Identify control panels and major control components outside panels with plastic nameplates. H. Identify valves in main and branch piping with tags. I. Identify air terminal units and radiator valves with numbered tags. J. Tag automatic controls, instruments, and relays. Key to control schematic. K. Identify piping, concealed or exposed with plastic tape pipe markers. Use tags on piping 3/4 inch diameter and smaller. Identify service, flow direction, and pressure. Install in clear view and align with axis of piping. Locate identification not to exceed 20 feet on straight runs including risers and drops, adjacent to each valve and tee, at each side of penetration of structure or enclosure and at each obstruction. Identify on both sides of any wall. L. Conform to owner's existing identification scheme. Verify with owner prior to bid. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT 230553 PRELIMINARY Page 108 of 610 SECTION 23 0593 TESTING, ADJUSTING, AND BALANCING FOR HVAC PART 1 GENERAL 1.01 SECTION INCLUDES A. Testing, adjustment, and balancing of hydronic systems 1.02 REFERENCES A. AABC- National Standards for Total System Balance B. ADC -Test Code for Grilles, Registers, and Diffusers C. ASHRAE 111 - Practices for Measurement, Testing, Adjusting, and Balancing of Building Heating, Ventilation, Air-conditioning, and Refrigeration Systems D. NEBB - Procedural Standards for Testing, Adjusting, and Balancing of Environmental Systems E. SMACNA- HVAC Systems Testing, Adjusting, and Balancing 1.03 SUBMITTALS A. Submit name of adjusting and balancing agency for approval within 30 days after award of Contract. B. Field Reports: Indicate deficiencies in systems that would prevent proper testing, adjusting, and balancing of systems and equipment to achieve specified performance. C. Prior to commencing work, submit report forms or outlines indicating adjusting, balancing, and equipment data required. D. Submit draft copies of report for review prior to final acceptance of project. Provide final copies for Architect/Engineer and for inclusion in operating and maintenance manuals. E. Provide reports in soft cover, letter size, 3-ring binder manuals, complete with index page and indexing tabs with cover identification at front and side. Include set of reduced drawings with air outlets and equipment identified to correspond with data sheets, and indicating thermostat locations. F. Include detailed procedures, agenda, sample report forms and copy of AABC National Project Performance Guaranty prior to commencing system balance. G. Test Reports: Indicate data on AABC National Standards for Total System Balance Forms. 1.04 PROJECT RECORD DOCUMENTS A. Record actual locations of flow measuring stations, balancing valve, and rough setting. 1.05 QUALITY ASSURANCE A. Perform total system balance in accordance with AABC National Standards for Field Measurement and Instrumentation, Total System Balance. B. Maintain one copy of each document on site. 1.06 QUALIFICATIONS A. Independent agency specializing in the testing, adjusting and balancing of systems specified in this section with minimum three years experience. OR B. Balancing shall be done by the mechanical contractor. C. Perform work under supervision of AABC Certified Test and Balance Engineer or NEBB Certified Testing, Balancing and Adjusting Supervisor. 1.07 PRE-BALANCING CONFERENCE A. Convene a conference one week prior to commencing work of this section. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 6 TESTING,ADJUSTING,AND BALANCING FOR HVAC 230593 PRELIMINARY Page 109 of 610 1.08 SEQUENCING A. Sequence work to commence after completion of systems and schedule completion of work before substantial completion of project. 1.09 SCHEDULING A. Schedule and provide assistance in final adjustment and test of life safety system with the fire authority. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.01 EXAMINATION A. Verify that systems are complete and operable before commencing work. Ensure the following conditions: 1. Systems are started and operating in a safe and normal condition. 2. Temperature control systems are installed complete and operable. 3. Proper thermal overload protection is in place for electrical equipment. 4. Final filters are clean and in place. If required, install temporary media in addition to final filters. 5. Duct systems are clean of debris. 6. Fans are rotating correctly. 7. Fire, smoke, and volume dampers are in place and open. 8. Air coil fins are cleaned and combed. 9. Access doors are closed and duct end caps are in place. 10. Air outlets are installed and connected. 11. Duct system leakage is minimized. 12. Hydronic systems are flushed, filled, and vented. 13. Pumps are rotating correctly. 14. Proper strainer baskets are clean and in place. 15. Service and balance valves are open. B. Submit field reports. Report defects and deficiencies noted during performance of services that prevents system balance. C. Beginning of work means acceptance of existing conditions. 3.02 PREPARATION A. Provide instruments required for testing, adjusting, and balancing operations. Make instruments available to the engineer to facilitate spot checks during testing. B. Provide additional balancing devices as required. 3.03 INSTALLATION TOLERANCES A. Air Handling Systems: Adjust to within +/-5% of design for supply systems and +/- 10% of design for return and exhaust systems. B. Air Outlets and Inlets: Adjust total to within + 10% and - 5% of design to space. Adjust outlets and inlets in space to within +/- 10% of design. C. Hydronic Systems: Adjust to within +/- 10% of design. 3.04 ADJUSTING A. Ensure recorded data represents actual measured or observed conditions. B. Permanently mark settings of valves, dampers, and other adjustment devices allowing settings to be restored. Set and lock memory stops. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 6 TESTING,ADJUSTING,AND BALANCING FOR HVAC 230593 PRELIMINARY Page 110 of 610 C. After adjustment, take measurements to verify balance has not been disrupted or that such disruption has been rectified. D. Leave systems in proper working order, replacing belt guards, closing access doors, closing doors to electrical switch boxes, and restoring thermostats to specified settings. E. At final inspection, recheck random selections of data recorded in report. Recheck points or areas as selected and witnessed by the owner. F. Check and adjust systems approximately six months after final acceptance and submit report. 3.05 WATER SYSTEM PROCEDURE A. Adjust water systems to provide required or design quantities. B. Use calibrated Venturi tubes, orifices, or other metered fittings and pressure gauges to determine flow rates for system balance. Where flow-metering devices are not installed, base flow balance on temperature difference across various heat transfer elements in the system. C. Adjust systems to provide specified pressure drops and flows through heat transfer elements prior to thermal testing. Perform balancing by measurement of temperature differential in conjunction with air balancing. D. Effect the system balance with automatic control valves fully open to heat transfer elements. E. Effect adjustment of water distribution systems by means of balancing cocks, valves, and fittings. Do not use service or shut-off valves for balancing unless indexed for balance point. F. Where available pump capacity is less than total flow requirements or individual system parts, full flow in one part may be simulated by temporary restriction of flow to other parts. 3.06 SCHEDULES A. Equipment Requiring Testing, Adjusting, and Balancing: 1. HVAC Pumps 2. Water Tube Boilers B. Report Forms 1. Title Page: a. Name of Testing, Adjusting, and Balancing Agency b. Address of Testing, Adjusting, and Balancing Agency c. Telephone number of Testing, Adjusting, and Balancing Agency d. Project Name e. Project Location f. Project Architect g. Project Engineer h. Project Contractor i. Project Altitude j. Report Date 2. Summary Comments: a. Design versus final performance. b. Notable characteristics of system. c. Description of systems operation sequence. d. Summary of out door and exhaust flows to indicate amount of building pressurization. e. Nomenclature used throughout report. f. Test conditions. 3. Instrument List: a. Instrument b. Manufacturer c. Model number d. Serial number FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 6 TESTING,ADJUSTING,AND BALANCING FOR HVAC 230593 PRELIMINARY Page 111 of 610 e. Range f. Calibration date 4. Electric Motors: a. Manufacturer b. Model/Frame c. HP/BHP d. Phase, voltage, amperage; nameplate, actual, no load e. RPM f. Service factor g. Starter size, rating, heater elements h. Sheave Make/Size/Bore 5. V-Belt Drive: a. Identification/location b. Required driven RPM c. Driven sheave, diameter and RPM d. Belt, size and quantity e. Motor sheave diameter and RPM f. Center to center distance, maximum, minimum, and actual 6. Pump Data: a. Identification/number b. Manufacturer c. Size/Model d. Impeller e. Service f. Design flow rate, pressure drop, BHP g. Actual flow rate, pressure drop, BHP h. Discharge pressure i. Suction pressure j. Total operating head pressure k. Shut off, discharge and suction pressures I. Shut off, total head pressure 7. Combustion Test: a. Boiler manufacturer b. Model number c. Serial number d. Fire rate e. Over fire draft f. Gas meter timing dial size g. Gas meter time per revolution h. Gas pressure at meter outlet i. Gas flow rate j. Heat input k. Burner manifold gas pressure I. Percent carbon monoxide (CO) m. Percent carbon dioxide (CO2) n. Percent oxygen (02) o. Percent excess air p. Flue gas temperature at outlet q. Ambient temperature r. Net stack temperature s. Percent stack loss t. Percent combustion efficiency FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 6 TESTING,ADJUSTING,AND BALANCING FOR HVAC 230593 PRELIMINARY Page 112 of 610 u. Heat output C. This contractor shall measure the flow of the main system pumps serving the remodeled areas. At the conclusion of all phases, this contractor shall re-measure all flows at the pumps serving the remodeled areas. Adjust the flow of the pumps serving this area as necessary to return flows to areas external to the remodeled areas back to pre-construction conditions. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 6 TESTING,ADJUSTING,AND BALANCING FOR HVAC 230593 PRELIMINARY Page 113 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 6 TESTING,ADJUSTING,AND BALANCING FOR HVAC 230593 PRELIMINARY Page 114 of 610 SECTION 23 0716 HVAC EQUIPMENT INSULATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Fiberglass (rigid) B. Fiberglass (flexible) C. Jackets 1.02 RELATED SECTIONS A. Specification Section 23 2113 - Hydronic Piping 1.03 REFERENCES A. ASTM A167 - Standard Specification for Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet, and Strip B. ASTM B209 - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate C. ASTM C177 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Guarded-Hot-Plate Apparatus D. ASTM C195- Standard Specification for Mineral Fiber Thermal Insulation Cement E. ASTM C240 - Standard Test Methods of Testing Cellular Glass Insulation Block F. ASTM C449/C449M - Standard Specification for Mineral Fiber Hydraulic-Setting Thermal Insulating and Finishing Cement G. ASTM C518 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus H. ASTM C533 - Standard Specification for Calcium Silicate Block and Pipe Thermal Insulation I. ASTM C534 - Standard Specification for Preformed Flexible Elastomeric Cellular Thermal Insulation in Sheet and Tubular Form J. ASTM C552 - Standard Specification for Cellular Glass Thermal Insulation K. ASTM C553 - Standard Specification for Mineral Fiber Blanket Thermal Insulation for Commercial and Industrial Applications L. ASTM C592 - Standard Specification for Mineral Fiber Blanket Insulation and Blanket-Type Pipe Insulation (Metal-Mesh Covered) (Industrial Type) M. ASTM C612 - Standard Specification for Mineral Fiber Block and Board Thermal Insulation N. ASTM C921 - Standard Practice for Determining the Properties of Jacketing Materials for Thermal Insulation O. ASTM D1056- Standard Specification for Flexible Cellular Materials - Sponge or Expanded Rubber P. ASTM E84- Standard Test Method for Surface Burning Characteristics of Building Materials Q. ASTM E96- Standard Test Methods for Water Vapor Transmission of Materials R. NAIMA National Insulation Standards S. NFPA 255- Standard Method of Test of Surface Burning Characteristics of Building Materials T. UL 723 - Standard for Test for Surface Burning Characteristics of Building Materials 1.04 SUBMITTALS A. Product Data: Provide product description, thermal characteristics, list of materials, and thickness for equipment scheduled. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 HVAC EQUIPMENT INSULATION 230716 PRELIMINARY Page 115 of 610 B. Manufacturer's Installation Instructions: Indicate procedures that ensure acceptable workmanship and installation standards will be achieved. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years experience. B. Applicator Qualifications: Company specializing in performing the work of this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Materials: Flame spread/smoke developed rating of 25/50 in accordance with ASTM E84. 1.07 DELIVERY, STORAGE,AND PROTECTION A. Deliver, store, protect, and handle products to site. B. Deliver materials on site in original factory packaging, labeled with manufacturer's identification, including product density and thickness. C. Store insulation in original wrapping and protect from weather and construction traffic, dirt, water, chemical, and mechanical damage. 1.08 ENVIRONMENTAL REQUIREMENTS A. Maintain ambient temperatures and conditions required by manufacturers of adhesives, mastics, and insulation cements. B. Maintain temperature during and after installation for minimum period of 24 hours. PART 2 PRODUCTS 2.01 FIBERGLASS (RIGID) A. Manufacturers: 1. Owens Corning 2. Johns Manville 3. Engineer approved equal. B. Insulation: ASTM C5612 rigid, non-combustible. 1. "K"Value: ASTM C335, 0.23 at 75 deg F. 2. Maximum Service Temperature: 450 deg F. 3. Maximum Moisture Absorption: 0.1% by volume. 4. Density: 6.0 Ib/cu. ft. C. Insulation: ASTM C553; flexible, noncombustible. 1. "K"Value: ASTM C177 or ASTM C518, 0.24 at 75 deg F. 2. Maximum Service Temperature: 250 deg F. 3. Maximum Moisture Absorption: 0.2% by volume. 4. Density: 6.0 Ib/cu. ft. D. Vapor Barrier Jacket: Kraft paper reinforced with fiberglass yarn and bonded to aluminized film. E. Moisture Vapor Transmission: ASTM E96; procedure A; 0.02 perm. F. Secure with self-sealing longitudinal laps and butt strips. G. Secure with outward clinch expanding staples and vapor barrier mastic. H. Tie Wire: 0.048 inch stainless steel with twisted ends on maximum 12 inch centers. I. Vapor Barrier Lap Adhesive: Compatible with insulation. J. Insulating Cement/Mastic: ASTM C195; hydraulic setting on mineral wool. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 HVAC EQUIPMENT INSULATION 230716 PRELIMINARY Page 116 of 610 2.02 FIBERGLASS (FLEXIBLE) A. Insulation: ASTM C612; flexible, noncombustible. 1. "K"Value: ASTM C177 or ASTM C518, 0.24 at 75 deg F. 2. Maximum Service Temperature: 450 deg F. 3. Maximum Moisture Absorption: 0.1% by volume. 4. Density: 1.0 Ib/cu. ft. B. Vapor Barrier Jacket: 1. Kraft paper reinforced with fiberglass yarn and bonded to aluminized film. 2. Moisture Vapor Transmission: ASTM E96; 0.02 perm. 3. Secure with self-sealing longitudinal laps and butt strips. 4. Secure with outward clinch expanding staples and vapor barrier mastic. C. Facing: Stainless steel one inch (1") hexagonal wire mesh stitched on one face of insulation. D. Vapor Barrier Lap Adhesive: Compatible with insulation. E. Insulating Cement/Mastic: ASTM C195; hydraulic setting on mineral wool. 2.03 JACKETS A. PVC Plastic Jacket: 1. ASTM C921, sheet material, off-white color. 2. Minimum Service Temperature: -40 deg F. 3. Maximum Service Temperature: 150 deg F. 4. Moisture Vapor Transmission: ASTM E96; 0.002 perm-inches. 5. Thickness: 10 mil. 6. Connections: Brush on welding adhesive. 7. Covering Adhesive Mastic: Compatible with insulation. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that equipment has been tested before applying insulation materials. B. Verify that surfaces are clean and dry with foreign material removed. 3.02 INSTALLATION A. Install materials in accordance with manufacturer's instructions. B. Do not insulate factory-insulated equipment. C. Exposed Equipment: Locate insulation and cover seams in least visible locations. D. Apply insulation close to equipment by grooving, scoring, and beveling insulation. Fasten insulation to equipment with studs, pins, clips, adhesive, wires or bands. E. Fill joints, cracks, seams, and depressions with bedding compound to form smooth surface. On cold equipment, use vapor barrier cement. F. Insulated Equipment Containing Fluids Below Ambient Temperature: 1. Insulate entire system. 2. Provide vapor barrier jackets, factory applied or field applied. 3. Finish with vapor barrier adhesive. 4. Insulate entire system including fittings, valves, unions, flanges, strainers, flexible connectors, pump bodies, expansion joints, air separators and heat exchanger vessels. G. Insulated Equipment Containing Fluids Above Ambient Temperature: 1. Provide standard jackets with vapor barrier, factory applied or field applied. 2. Hot equipment containing fluid 140 deg F or less do not insulate flanges and unions, but bevel and seal ends of insulation. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 HVAC EQUIPMENT INSULATION 230716 PRELIMINARY Page 117 of 610 3. Hot equipment containing fluids over 140 deg F insulate flanges and unions with removable sections and jackets. 4. Insulate entire system including fittings, valves, unions, flanges, strainers, flexible connectors, pump bodies, expansion joints, air separators, and heat exchanger vessels. H. Inserts and Shields: 1. Application: Equipment two inch (2") diameter or larger. 2. Shields: Galvanized steel between hangers an inserts. 3. Insert Location: Between support shield and equipment under the finish jacket. 4. Insert Configuration: Minimum six inch (6") long of same thickness and contour as adjoining insulation. May be factory lubricated. 5. Insert Material: Poly Iso-Cyanurate. I. Finish insulation at supports, protrusions, and interrupters. J. Do not insulate over nameplate or ASME stamp. Bevel and seal insulation around such. K. Install insulation for equipment requiring access for maintenance, repair or cleaning in such a manner that it can be easily removed and replaced without damage. L. Do not insulate flanges and unions, however bevel and seal ends of insulation for hot equipment containing fluid 140 deg F or less. M. Insulate flanges and unions with removable sections and jackets for hot equipment containing fluids over 140 deg F. N. Finish insulation at supports, protrusions, and interruptions. O. Equipment Requiring Access for Maintenance, Repair or Cleaning: Install insulation so it can be easily removed and replaced without damage. 3.03 SCHEDULE FIBERGLASS RIGID INSULATION EQUIPMENT THICKNESS Plumbing Water Systems 1" Heating Water Systems 1-1/2" END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 HVAC EQUIPMENT INSULATION 230716 PRELIMINARY Page 118 of 610 SECTION 23 0719 HVAC PIPING INSULATION PART 1 GENERAL 1.01 SECTION INCLUDES A. Fiberglass (Hot) B. Piping jackets 1.02 RELATED SECTIONS A. Specification Section 23 2113 - Hydronic Piping 1.03 REFERENCES A. ASTM A167 - Standard Specification for Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet and Strip B. ASTM B209 - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate C. ASTM C177 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Guarded Hot Plate Apparatus D. ASTM C195 - Standard Specification for Mineral Fiber Thermal Insulating Cement E. ASTM C240 - Standard Test Methods of Testing Cellular Glass Insulation Block F. ASTM C449/C449M -Standard Specification for Mineral Fiber Hydraulic-Setting Thermal Insulating and Finishing Cement G. ASTM C518 - Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus H. ASTM C533 - Standard Specification for Calcium Silicate Block and Pipe Thermal Insulation I. ASTM C534 - Standard Specification for Preformed Flexible Elastomeric Cellular Thermal Insulation in Sheet and Tubular Form J. ASTM C547 - Standard Specification for Mineral Fiber Preformed Pipe Insulation K. ASTM C552 - Standard Specification for Cellular Glass Thermal Insulation L. ASTM C578 - Standard Specification for Preformed, Cellular Polystyrene Thermal Insulation M. ASTM C591 - Standard Specification for Unfaced Preformed Rigid Cellular Polyurethane Thermal Insulation N. ASTM C610 - Standard Specification for Expanded Perlite Block and Pipe Thermal Insulation O. ASTM C795 - Standard Specification for Thermal Insulation for Use in Contact with Austenitic Stainless Steel P. ASTM C921 - Standard Practice for Determining the Properties of Jacketing Materials for Thermal Insulation Q. ASTM D1056- Standard Specification for Flexible Cellular Materials - Sponge or Expanded Rubber R. ASTM D1667-Standard Specification for Flexible Cellular Materials -Vinyl Chloride Polymers and Copolymers S. ASTM D1784- Standard Specification for Rigid Poly (Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds T. ASTM D2842 - Standard Test Method for Water Absorption of Rigid Cellular Plastics U. ASTM E84- Standard Test Method for Surface Burning Characteristics of Building Materials V. ASTM E96- Standard Test Methods for Water Vapor Transmission of Materials W. NAIMA National Insulation Standards FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 HVAC PIPING INSULATION 230719 PRELIMINARY Page 119 of 610 X. NFPA 255- Standard Method of Test of Surface Burning Characteristics of Building Materials Y. UL 723 - Standard for Test for Surface Burning Characteristics of Building Materials 1.04 SUBMITTALS A. Product Data: Provide product description, thermal characteristics, list of materials, and thickness for each service and locations. 1.05 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years experience. B. Applicator Qualifications: Company specializing in performing the work of this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to maximum flame spread/smoke developed rating of 25/50 in accordance with ASTM E84. 1.07 DELIVERY, STORAGE,AND PROTECTION A. Accept materials on site, labeled with manufacturer's identification, product density and thickness. 1.08 ENVIRONMENTAL REQUIREMENTS A. Maintain ambient conditions required by manufacturers of each product. B. Maintain temperature before, during, and after installation for minimum of 24 hours. PART 2 PRODUCTS 2.01 FIBERGLASS A. Manufacturers: 1. Johns Manville Micro-Lok HP 2. Owens Corning 3. Knauf 4. Engineer approved equal. B. Insulation: ASTM C547 rigid molded, noncombustible C. "K"Value: ASTM C335, 0.25 at 75 deg F. D. Minimum Service Temperature: 0 deg F. E. Maximum Service Temperature: 800 deg F. F. Maximum Moisture Absorption: <5% by weight G. Vapor Barrier Jacket: ASTM C1136, white Kraft paper with fiberglass yarn, bonded to aluminized film. H. Moisture Vapor Transmission: ASTM E96; 0.02 perm inches. I. Secure with self-sealing longitudinal laps and butt strips. J. Surface Burning: ASTM E84; Flame Spread-25, Smoke Developed-50 K. VOC Content: ASTM D5116; 0.15 g/I 2.02 PIPING JACKETS A. PVC Plastic: 1. Manufacturers: a. Johns Manville Zeston b. Owens Corning c. PIC plastics FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 HVAC PIPING INSULATION 230719 PRELIMINARY Page 120 of 610 d. Engineer approved equal. 2. Jacket: ASTM C921, UV resistant one piece molded type fitting covers and sheet material, off white color. 3. Minimum Service Temperature: -40 deg F. 4. Maximum Service Temperature: 150 deg F. 5. Moisture Vapor Transmission: ASTM E96; 0.002 perm inches. 6. Maximum Flame Spread: ASTM E84; 25 7. Maximum Smoke Developed: ASTM E84; 50 8. Thickness: 20 mil for indoor applications, 30 mil for outdoor applications 9. Connections: Brush on welding adhesive. 10. Covering Adhesive Mastic Manufacturers: a. Johns Manville Perma-Weld b. Engineer approved equal. 11. Compatible with insulation. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that piping has been tested before applying insulation materials. B. Verify that surfaces are clean and dry with foreign material removed. 3.02 INSTALLATION A. Install materials in accordance with manufacturer's instructions. B. Exposed Piping: Locate insulation and cover seams in least visible locations. C. Insulated Dual Temperature Pipes or Cold Pipes Conveying Fluids Below Ambient Temperature: 1. Provide vapor barrier jackets, factory applied or field applied. 2. Insulate fittings,joints and valves with molded insulation of like material and a thickness as adjacent pipe. 3. PVC fitting covers may be used. 4. Continue insulation through walls (unless in firewall sleeves), pipe hangers and other pipe penetrations. 5. Insulate entire system including fittings, valves, unions, flanges, strainers, flexible connections, pump bodies, and expansion joints. 6. Vapor seal insulation ends every 20 feet. D. Insulated Pipes Conveying Fluids Above Ambient Temperature: 1. Provide standard jackets with vapor barrier, factory applied. 2. Insulate fittings,joints and valves with insulation of like material and thickness as adjoining pipe. 3. PVC fitting covers may be used. 4. Hot piping conveying fluids 140 deg F or less do not insulate flanges and unions at equipment, but level and seal ends of insulation. 5. Hot piping conveying fluids over 140 deg F, insulate flanges and unions at equipment. E. Inserts and Shields: 1. Manufacturers: a. Jeff Company/Buckaroo b. Armacell c. Cooper/Eaton d. TPS e. Engineer approved equal. 2. Shields: Galvanized saddle with flared edges between pipe hangers or pipe hanger rolls and inserts. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 HVAC PIPING INSULATION 230719 PRELIMINARY Page 121 of 610 3. Insert Location: Between support shield and piping and under the vapor barrier and finish jacket. 4. Insert Configuration: Minimum six inch (6") long of same thickness and contour as adjoining insulation; may be factory fabricated. 5. Insert Type: a. Polystyrene and Fiberglass Insulation: 360 degree polyisocyanurate or phenolic foam cylindrical insert capable of supporting piping system. Pre-fabricated, insulated and jacketed supports are acceptable. Blocks, plugs, or wood material are not acceptable. F. Insulation shall be continuous at all hangers. Hanger shall not be in direct contact with pipe. 3.03 TOLERANCE A. Substituted insulation materials shall provide thermal resistance within 10% at normal conditions, as materials indicate. 3.04 SCHEDULE FIBERGLASS INSULATION PIPING SYSTEMS PIPE SIZE THICKNESS Heating Water Supply and Return: Less than 1.5" 1.5" Heating Water Supply and Return: 1.5" and larger 2" Pump Bodies, Valves, and Devices ALL 1" PIPE JACKET SCHEDULE PIPE LOCATION JACKET MATERIAL Piping in Mechanical/Electrical/Storage Rooms within 10'of PVC floor(excluding racked piping) A. Note: Jacketing shall cover the entire piping system including, but not limited to the pipe,joints, fittings and tees. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 HVAC PIPING INSULATION 230719 PRELIMINARY Page 122 of 610 SECTION 23 1123 NATURAL GAS PIPING PART 1 GENERAL 1.01 SECTION INCLUDES A. Natural gas piping B. Flanges, unions, and couplings 1.02 REFERENCES A. ASHRAE 90A- Energy Conservation in New Building Design B. ASME Section 8D - Pressure Vessels C. NFPA 30 - Flammable and Combustible Liquids Code D. NFPA 54 - National Fuel Gas Code E. NFPA 70 - National Electrical Code 1.03 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three-years experience. B. Provide Welder's Certificate: Include Welder's Certification of Compliance with ASME Section IX. 1.04 REGULATORY REQUIREMENTS A. Products Requiring Electrical Connection: Listed and classified by Underwriters Laboratories Inc., as suitable for the purpose specified and indicated. 1.05 DELIVERY, STORAGE,AND PROTECTION A. Deliver, store, protect and handle products to the site. B. Provide temporary inlet and outlet caps. Maintain caps in place until installation. PART 2 PRODUCTS 2.01 NATURAL GAS PIPING (ABOVE GRADE) A. Steel Pipe: 1. ASTM A53 Schedule 40 black. 2. Fittings: ASME B16.3, malleable iron or ASTM A234/A234M, forged steel welding type. 3. Joints: NFPA 54, threaded or welded to ANSI B31.1. B. Copper Tubing: 1. ASTM B88, type#K, general purpose ASTM B280, ACR annealed. 2. Fittings: ASME B16.26, cast bronze. 3. Joints: Flared. 2.02 FLANGES, UNION, AND COUPLINGS A. Pipe Size Under 2 Inches: 1. Ferrous Pipe: Class 150 psig malleable iron threaded unions. 2. Copper Tube and Pipe: Class 150 psig bronze unions with soldered joints. B. Dielectric Connections: Union with galvanized or plated steel threaded end, copper solder end, and water impervious isolation barrier. PART 3 EXECUTION 3.01 INSTALLATION A. This contractor shall furnish all labor and material necessary to install gas piping to all items of equipment shown on the drawings as requiring gas. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 NATURAL GAS PIPING 231123 PRELIMINARY Page 123 of 610 B. Accessible piping smaller than two inch (2") may be screwed. C. All concealed gas pipe and all gas piping two inch (2") and larger shall be fabricated using weld type fittings. D. All gas piping shall be tested at 50-psi air pressure for a 24-hour period. E. This contractor shall furnish and install a gas cock shut off in the branch line to each gas-consuming piece of equipment. Provide plug valves where noted on the plans. F. Verify all piping regulations and regulators required with local gas company before running gas lines. G. All gas piping carrying 1 psig or more shall be welded. 3.02 GAS REVISIONS A. The present natural gas service shall remain in its' present location. This contractor shall connect to the present gas manifold and shall re-work manifold as required. B. Provide new natural gas service. Coordinate equipment and installation requirements with local utility company. Verify requirements prior to bid. C. Any charges by the gas utility company to provide service to the building shall be included in this contractor's bid. D. Coordinate construction heating gas requirements with utility company prior to start of construction. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 NATURAL GAS PIPING 231123 PRELIMINARY Page 124 of 610 SECTION 23 2113 HYDRONIC PIPING PART 1 GENERAL 1.01 SECTION INCLUDES A. Heating water piping B. Unions, flanges, and couplings C. Butterfly valves 1.02 RELATED SECTIONS A. Specification Section 23 0548 -Vibration and Seismic Controls for HVAC Piping and Equipment B. Specification Section 23 0719 - HVAC Piping Insulation C. Specification Section 23 2500 - HVAC Water Treatment 1.03 REFERENCES A. ASME - Boiler and Pressure Vessel Codes, SEC 9 - Qualification Standard for Welding and Brazing Procedures, Welders, Brazers, and Welding and Braising Operators B. ASME B16.3- Malleable Iron Threaded Fittings Class 50 and 300 C. ASME B16.18 - Cast Copper Alloy Solder Joint Pressure Fittings D. ASME B16.22 -Wrought Copper and Copper Alloy Solder Joint Pressure Fittings E. ASME B31.5- Refrigeration Piping F. ASME B31.9- Building Services Piping G. ASTM A53- Pipe, Steel, Black and Hot-Dipped, Zinc Coated Welded and Seamless H. ASTM A234 - Piping Fittings of Wrought Carbon Steel and Alloy Steel for Moderate and Elevated Temperatures I. ASTM B32 - Solder Metal J. ASTM B88- Seamless Copper Water Tube K. ASTM F708- Design and Installation of Rigid Pipe Hangers L. ASTM D1785- Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120 M. ASTM D2235- Solvent Cement for Acrylonitrile-Butadiene-Styrene (ABS) Plastic Pipe and Fittings N. ASTM D2241 - Poly (Vinyl Chloride) (PVC) Pressure-Rated Pipe (SDR-Series) O. ASTM D2310- Machine-Made Reinforced Thermosetting Resin Pipe P. ASTM D2466- Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 Q. ASTM D2467- Socket-Type Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80 R. ASTM D2680-Acrylonitrile-Butadiene-Styrene (ABS) and Poly (Vinyl Chloride) (PVC) Composite-Sewer Piping S. ASTM D2683- Socket-Type Polyethylene Fittings for Outside Diameter-Controlled Polyethylene Pipe and Tubing T. ASTM D2751 -Acrylonitrile-Butadiene-Styrene (ABS) Sewer Pipe and Fittings U. ASTM D2855 - Making Solvent-Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings V. ASTM D3309- Polybutylene (PB) Plastic Hot-and Cold-Water Distribution Systems W. ASTM F477- Elastomeric Seals (Gaskets)for Joining Plastic Pipe FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 6 HYDRONIC PIPING 232113 PRELIMINARY Page 125 of 610 X. ASTM F845- Plastic Insert Fittings for Polybutylene (PB)Tubing Y. ASTM F876- Crosslinked Polyethylene (PEX)Tubing Z. AWS A5.8 - Brazing Filler Metal AA. AWS D1.1 - Structural Welding Code AB. AWWA C105 - Polyethylene Encasement for Ductile Iron Piping for Water and Other Liquids AC. AWWA C110 - Ductile - Iron and Gray-Iron Fittings three inch (3")through 48 inches for Water and Other Liquids AD. AWWA C111 - Rubber-Gasket Joints for Ductile Iron and Gray-Iron Pressure Pipe and Fittings AE. AWWA C151 - Ductile-Iron Pipe, Centrifugally Cast in Metal Molds or Sand-Lined Molds for Water or Other Liquids 1.04 SYSTEM DESCRIPTION A. Where more than one piping system material is specified, ensure system components are compatible and joined to ensure the integrity of the system is not jeopardized. Provide necessary joining fittings. Ensure that flanges, union, and couplings for servicing are consistently provided. B. Use of grooved mechanical couplings and fasteners are approved for use in accessible locations only. C. Use unions, flanges, and couplings downstream of valves and at equipment or apparatus connections. Do not use direct welded or threaded connections to valves, equipment or other apparatus. D. Use non-conducting dielectric connections whenever jointing dissimilar metals in open systems. E. Provide pipe hangers and supports in accordance with ASTM B31.9 unless indicated otherwise. F. Use ball or butterfly valves for shut-off and to isolate equipment, part of systems or vertical risers. G. Use ball or butterfly valves for throttling, bypass or manual flow control services. H. Use plug cocks for throttling service. Use non-lubricated plug cocks only when shut-off or isolating valves are also provided. I. Use butterfly valves in heating water systems interchangeably with gate and globe valves. J. Use lug end butterfly valves to isolate equipment. K. Use 3/4 inch ball valves with cap for drains at main shut-off valves, low points of piping, bases of vertical risers, and at equipment. Pipe to nearest floor drain. L. Calibrated balance valve may be used for an isolation valve where shut off is tight. M. Fittings: 1. All fittings used in this work for threaded construction, except as otherwise noted, shall be ASTM A197, 150 psi. malleable iron. 2. Fittings shall be smooth and of uniform thickness and with cut tapering threads. 3. All fittings shall be ASTM A234, WPB grade and seamless steel in welded construction. 4. All fittings shall be of standard weight and dimension. 5. Reducing fittings shall be used instead of bushings where reductions in size of pipe occur. 6. Eccentric reducing couplings shall make reductions in main sizes. 1.05 SUBMITTALS A. Product Data: Include data on pipe materials, pipe fittings, valves, and accessories. Provide manufacturers catalog information. Indicate valve data and ratings. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 6 HYDRONIC PIPING 232113 PRELIMINARY Page 126 of 610 B. Welder's Certificate: Include Welder's Certification of Compliance with ASME Section IX. C. Manufacturer's Installation Instructions: Indicate hanging and support methods,joining procedures. 1.06 PROJECT RECORD DOCUMENTS A. Record actual locations of valves. 1.07 OPERATION AND MAINTENANCE DATA A. Maintenance Data: Include installation instructions, spare parts lists, exploded assembly views. 1.08 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this section with minimum three years experience. B. Installer: Company specializing in performing the work of this section with minimum three years experience. C. Welders: Certify in accordance with ASME Section IX. 1.09 REGULATORY REQUIREMENTS A. Conform to ASME B31.9 code for installation of piping system. B. Welding Materials and Procedures: Conform to ASME SEC 9 and applicable state labor regulations. C. Provide certificate of compliance from authority having jurisdiction indicating approval of welders. 1.10 DELIVERY, STORAGE AND HANDLING A. Deliver, store, protect and handle products to site. B. Accept valves on site in shipping containers with labeling in place. Inspect for damage. C. Provide temporary protective coating on cast iron and steel valves. D. Provide temporary end caps and closures on piping and fittings. Maintain in place until installation. E. Protect piping systems from entry of foreign materials by temporary covers, completing sections of the work and isolating parts of completed system. F. Protect plastic piping materials from degradation due to ultraviolet(UV) light exposure. Where plastic piping materials are stored in a location that receives direct sunlight, provide protective coverings to shield materials UV light exposure. 1.11 ENVIRONMENTAL REQUIREMENTS A. Do not install underground piping when bedding is wet or frozen. 1.12 EXTRA MATERIALS A. Provide two re-packing kits for each size and valve type. PART 2 PRODUCTS 2.01 HEATING WATER PIPING (ABOVE GROUND) A. Steel Pipe: ASTM A53, Schedule 40, Grade B, black. Minimum 0.375 inch wall for 12 inch and over. 1. Fittings: ASTM 1316.3 malleable iron or ASTM A234 forged steel welding type fittings. 2. Joints: a. Threaded for pipe two inch (2") and under. b. AWS D1.1 welded for pipe over two inches. B. Copper Tubing: ASTM B88, type#L, hard drawn. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 6 HYDRONIC PIPING 232113 PRELIMINARY Page 127 of 610 1. Fittings: ASME B16.18 cast brass or ASME B16.22 solder wrought copper. 2. Tee Connections: Mechanically extracted collars with notched and dimpled branch tube. 3. Joints: Solder, lead free, 95-5 tin antimony or tin and silver with melting range 430 deg F to 535 deg F. 2.02 UNIONS, FLANGES AND COUPLINGS A. Unions for Pipe Two Inch (2") and Under: 1. Ferrous Piping: 150 psig malleable iron, threaded. 2. Copper Pipe: Bronze, soldered joints. B. Flanges for Pipe Over Two Inches: 1. Ferrous Piping: 150 psig forged steel, slip-on. 2. Copper Piping: Bronze. 3. Gaskets: 1/16 inch thick preformed neoprene. C. Grooved and Shouldered Pipe End Couplings: 1. Housing Clamps: Malleable iron to engage and lock designed to permit some angular deflection, contraction and expansion. 2. Sealing Gasket: C-shape elastomer composition for operating temperature range from -30 deg F to 230 deg F. 3. Accessories: Steel bolts, nuts and washers. D. Dielectric Connections: Union with galvanized or plated steel threaded end, copper solder end, and water impervious isolation barrier. 2.03 BUTTERFLY VALVES (OVER 2") A. Manufacturers: 1. Nibco#LD-2000 2. Apollo#LD141 3. DeZurik#BOS-US 4. Engineer approved equal. B. Body: Ductile iron ASTM A 536, lugged, extended neck capable of providing bi-directional "Dead End Service"without the need for a downstream blind flange. C. Seat: Up to 12", Molded-in resilient EPDM seat, bonded to valve body. Over 12": Cartridge Seat. D. Disc: Aluminum Bronze or Bronze B-584 C84400. E. Stem: Stainless steel 316 or 416. F. Valve size Up to 12": Pins fastening the disc to stem are expressly prohibited. Valve sizes over 12": Bolts fastening disc to stem are acceptable. G. Operator: Lever handle (10 position)with memory stop. All butterfly valves six inch (6") and larger shall have gear operated handles. PART 3 EXECUTION 3.01 PREPARATION A. Ream pipe and tube ends. Remove burrs. Bevel plain end ferrous pipe. B. Remove scale and dirt on inside and outside before assembly. C. Prepare piping connections to equipment with flanges or unions. D. Keep open ends of pipe free from scale and dirt. Protect open ends with temporary plugs or caps. E. After completion fill, clean, and treat systems. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 6 HYDRONIC PIPING 232113 PRELIMINARY Page 128 of 610 3.02 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install heating water piping to ASME B31.9. C. Route piping in orderly manner, parallel to building structure and maintain gradient. D. Install piping to conserve building space and not interfere with use of space. E. Group piping, whenever practical, at common elevations. F. Sleeve pipe passing through partitions, walls, and floors. G. Slope piping and arrange to drain at low points. H. Install piping to allow for expansion and contraction without stressing pipe,joints or connected equipment. I. Provide clearance in hangers and from structure and other equipment for installation of insulation and access to valves and fittings. J. Provide access where valves and fittings are not accessible. Coordinate size and location of access doors. K. Slope piping and arrange systems to drain at low points. Use eccentric reducers to maintain top of pipe level. L. Where pipe support members are welded to structural building framing; scrape, brush clean, and apply one coat of zinc rich primer to welds. M. Prepare unfinished pipe, fittings, supports, and accessories for finish painting. N. Install valves with stems upright or horizontal. Not inverted. O. Wire welding is not permitted. P. Caulking or salting of joints is not permitted. 3.03 SCHEDULES A. See schedule on drawings. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 6 HYDRONIC PIPING 232113 PRELIMINARY Page 129 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 6 HYDRONIC PIPING 232113 PRELIMINARY Page 130 of 610 SECTION 23 2123 HYDRONIC PUMPS PART 1 GENERAL 1.01 SECTION INCLUDES A. Base mounted pumps 1.02 RELATED SECTIONS A. Specification Section 23 0548 -Vibration and Seismic Controls for HVAC Piping and Equipment B. Specification Section 23 0719 - HVAC Piping Insulation C. Specification Section 23 2113 - Hydronic Piping 1.03 REFERENCES A. UL 778 - Motor Operated Water Pumps B. NFPA 70 - National Electrical Code 1.04 PERFORMANCE REQUIREMENTS A. Ensure pumps operate at specified system fluid temperatures without vapor binding and cavitation, are non-overloading in parallel or individual operation, and operate within 25% of midpoint of published maximum efficiency curve. 1.05 SUBMITTALS A. Product Data: Provide certified pump curves showing performance characteristics with pump and system operating point plotted. Include NPSH curve when applicable. Include electrical characteristics and connection requirements. B. Manufacturer's Installation Instructions: Indicate hanging and support requirements and recommendations. C. Millwright's Certificate: Certify that base mounted pumps have been aligned. 1.06 OPERATION AND MAINTENANCE DATA A. Operation and Maintenance Data: Include installation instructions, assembly views, lubrication instructions, and replacement parts list. 1.07 QUALIFICATIONS A. Manufacturer: Company specializing in manufacture, assembly and field performance of pumps with minimum three years experience. B. Alignment: Base mounted pumps shall be aligned by qualified millwright. 1.08 REGULATORY REQUIREMENTS A. Products Requiring Electrical Connection: Listed and classified by UL as suitable for the purpose specified and indicated. 1.09 EXTRA MATERIALS A. Provide one set of mechanical seals for each pump. PART 2 PRODUCTS 2.01 BASE MOUNTED PUMPS A. Manufacturers: 1. B & G 2. Taco 3. Paco 4. Armstrong Pumps, Inc. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 HYDRONIC PUMPS 232123 PRELIMINARY Page 131 of 610 5. Patterson Pump 6. Engineer approved equal. B. Type: Horizontal shaft, single stage, direct connected, radially or horizontally split casing for 125 psig maximum working pressure. C. Casing: Cast iron with suction and discharge gauge ports, renewable bronze casing wearing rings, seal flush connection, drain plug, flanged suction, and discharge. D. Impeller: Bronze, fully enclosed, keyed to shaft. E. Bearings: Grease lubricated roller or ball bearings. F. Shaft: Alloy steel with bronze shaft sleeve. G. Seal: Carbon rotating against a stationary ceramic seat, 212 deg F maximum continuous operating temperature. H. Drive: Flexible coupling with coupling guard. I. Baseplate: Cast iron or fabricated steel with integral drain rim. J. Wiring Terminations: Provide terminal lugs to match branch circuit conductor quantities, sizes and materials indicated. Enclose terminal lugs in terminal box sized to NFPA 70. PART 3 EXECUTION 3.01 PREPARATION A. Verify that electric power is available and of the correct characteristics. 3.02 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Provide access space around pumps for service. Provide no less than minimum as recommended by manufacturer. C. Decrease from line size with long radius reducing elbows or reducers. Support piping adjacent to pump such that no weight is carried on pump casings. Provide supports under elbows on pump suction and discharge line sizes four inches and over for close coupled or base mounted pumps. D. Provide air cock and drain connection on horizontal pump casings. E. Provide drains for bases and seals, piped to and discharging into floor drains. F. Check, align, and certify alignment of base mounted pumps prior to start-up. G. Install close coupled and base mounted pumps on concrete housekeeping base with anchor bolts, set and level and grout in place. Provide two inch cork pad for vibration isolation. H. Lubricate pumps before start-up. I. See vibration isolation specification for pumps required inertia bases. J. Provide double sphere flexible Metraflex Metrasphere pipe connection at base mounted pumps. K. Base mounted pumps shall have suction diffuser and strainer at pump intake. L. Provide line size triple duty valve at pump discharge to include flow control, check valve, and shut off. M. Provide a single pressure gauge piped between pump supply and suction with a set of isolation valves for reading of pump differential pressure. 3.03 SCHEDULES A. See the drawings. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 HYDRONIC PUMPS 232123 PRELIMINARY Page 132 of 610 SECTION 23 2133 HYDRONIC SPECIALTIES PART 1 GENERAL 1.01 SECTION INCLUDES A. Pump suction fittings 1.02 RELATED SECTIONS A. Specification Section 23 2113 - Hydronic Piping B. Specification Section 23 2123 - Hydronic Pumps C. Specification Section 23 2500 - HVAC Water Treatment 1.03 REFERENCES A. ASME - Boilers and Pressure Vessel Codes, SEC 8-D-Rules for Construction of Pressure Vessels. 1.04 SUBMITTALS A. Product Data: Provide product data for manufactured products and assemblies required for this project. Include component sizes, rough-in requirements, service sizes, and finishes. Include product description, model and dimensions. B. Submit inspection certificates for pressure vessels from authority having jurisdiction. C. Manufacturer's Installation Instructions: Indicate hanging and support methods,joining procedures. 1.05 PROJECT RECORD DOCUMENTS A. Record actual locations of flow controls. 1.06 OPERATION AND MAINTENANCE DATA A. Maintenance Data: Include installation instructions, assembly views, lubrication instructions and replacement parts list. 1.07 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this section with minimum three years experience. 1.08 DELIVERY, STORAGE AND HANDLING A. Deliver, store, protect and handle products to the site. B. Accept valves on site in shipping containers with labeling in place. Inspect for damage. C. Provide temporary protective coating on cast iron and steel valves. D. Provide temporary end caps and closures on piping and fittings. Maintain in place until installation. E. Protect piping systems from entry of foreign materials by temporary covers, completing sections of the work, and isolating parts of completed system. 1.09 MAINTENANCE SERVICE A. Furnish service and maintenance of glycol system for one year from date of substantial completion. PART 2 PRODUCTS 2.01 PUMP SUCTION FITTINGS (SUCTION DIFFUSER) A. Manufacturers: 1. Armstrong Pumps, Inc. 2. B & G FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 HYDRONIC SPECIALTIES 232133 PRELIMINARY Page 133 of 610 3. Patterson 4. Taco 5. Victaulic 6. Engineer approved equal. B. Fitting: Angle pattern, cast-iron body, threaded for two inches and smaller, flanged or grooved for 2-1/2 inches and larger, rated for 175 psig working pressure with inlet vanes, cylinder strainer with 3/16 inch diameter openings, disposable fine mesh strainer to fit over cylinder strainer and permanent magnet located in flow stream and removable for cleaning. C. Accessories: Adjustable foot supports, blow down tapping in bottom, gauge taping in side. D. In lieu of individual specified components, a pre-manufactured packaged assembly may be submitted. The assembly shall contain all the components assembled in the order as shown on the drawings and details. PART 3 EXECUTION 3.01 INSTALLATION A. Install specialties in accordance with manufacturer's instructions. B. Where large air quantities can accumulate, provide enlarged air collection standpipes. C. Provide manual air vents at system high points and as indicated. D. Provide vent tubing to nearest drain for automatic air vents in ceiling spaces or other concealed locations. E. Provide pump suction fitting on suction side of base mounted centrifugal pumps where indicated. F. Remove pump suction filters and any other temporary strainers one week after system cleaning is finished. G. Support pump fittings with floor mounted pipe and flange supports. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 HYDRONIC SPECIALTIES 232133 PRELIMINARY Page 134 of 610 SECTION 23 2500 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Cleaning of closed systems B. Treatment of closed systems 1.02 RELATED SECTIONS A. Specification Section 23 2113 - Hydronic Piping B. Specification Section 23 2133 - Hydronic Specialties C. Specification Section 23 2213 - Steam and Steam Condensate Piping D. Specification Section 23 2214 - Steam and Steam Condensate Specialties E. Specification Section 23 5233 -Water Tube Boilers F. Specification Section 23 5239 - Fire Tube Boilers G. Specification Section 23 5243 - High Efficiency Condensing Boilers H. Specification Section 23 6513 - Forced Draft Cooling Towers I. Specification Section 23 6516 - Natural Draft Cooling Towers 1.03 REFERENCES A. ASHRAE 188- Legionellosis: Risk Management for Building Water Systems B. ASME B31.9- Building Services Piping C. ASME - CRTD-34 - Consensus on Operation Practices for the Control of Feedwater and Boiler Water Chemistry in Modern Industrial Boilers D. ASME - Boilers and Pressure Vessel Codes, SEC 8-D-Rules for Construction of Pressure Vessels E. NFPA 70 - National Electrical Code 1.04 SUBMITTALS A. Shop Drawings: Indicate system schematic, equipment locations, controls schematics, electrical characteristics, and connection requirements. B. Product Data: Provide information on treatment materials, chemicals, and equipment including electrical characteristics and connection requirements. C. Manufacturer's Installation Instructions: Indicate placement of equipment in systems, piping configuration, connection requirements, and start-up procedures. D. Manufacturer's Field Reports: Indicate start-up of treatment systems when completed and operating properly. Provide analysis of system water after final system cleaning, and after initial treatment regimen has been implemented. E. Field Report: Provide a service report, generated on-site by the water treatment representative, certifying that the cooling towers, chillers, fluid coolers, and other hydronic equipment have been cleaned, passivated, and started up in accordance with specifications and the procedures recommended by the equipment manufacturer. F. Field Report: Provide a service report, generated on-site by the water treatment representative, certifying that the boilers have been cleaned in accordance with specifications and the procedures recommended by the boiler manufacturer. G. Operation and Maintenance Data: Include data on treatment controllers, chemical feed pumps, and other equipment including spare parts lists, procedures, and treatment programs. Include step by step instructions on test procedures including target concentrations. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 135 of 610 H. Provide SDS Sheets for all chemical products. 1.05 PROJECT RECORD DOCUMENTS A. Record actual locations of equipment and piping, including sampling points, system blow-downs, and location of chemical injectors. B. Record volume of each hydronic system, as measured by water fill meter. 1.06 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this section with minimum ten-years' experience. Company shall have local representatives with water analysis laboratories and full time service personnel. B. Installer: Company specializing in performing the work of this section and approved by manufacturer. The company must be a member of the Association of Water Technologies (AWT), or technical equivalent. The water treatment chemistry program shall be designed by an AWT"Certified Water Technologist"to meet the performance requirements defined by this specification and AWT guidelines. 1.07 REGULATORY REQUIREMENTS A. Conform to applicable code for addition of non-potable chemicals to building mechanical systems. B. Products Requiring Electrical Connection: Listed and classified by UL as suitable for the purpose specified and indicated. C. Biocide products shall be registered with the EPA, with the registration number clearly shown on drum labels. 1.08 MAINTENANCE SERVICE [NOTE TO SPECIFIER: THIS SECTION SHOULD BE USED WHEN SPECIFYING ONGOING WATER TREATMENT FOR A HYDRONIC SYSTEM.] A. Furnish product, service, and maintenance, of treatment systems, for one year from Date of Substantial Completion. B. Provide monthly technical service visits to perform field inspections and make water analysis on site. Detail findings in writing on proper practices, chemical treating requirements and corrective actions needed. Submit two copies of field service report after each visit. C. Provide laboratory and technical assistance services during this maintenance period. D. Include two-hour training course for operating personnel, instructing them on installation, care, maintenance, testing, and operation of water treatment systems. Arrange course at startup of systems. E. Provide on-site inspections of equipment during scheduled or emergency shutdown to properly evaluate success of water treatment program, and make recommendations in writing based upon these inspections. 1.09 MAINTENANCE MATERIALS A. Provide sufficient chemicals for treatment and testing during service and warranty period. B. Provide one additional 55-gallon drum of glycol for each system. PART 2 PRODUCTS 2.01 VENDORS [NOTE TO SPECIFIER: USE THIS SECTION WHEN SPECIFING A WATER TRATMENT CONTRACTOR AUTHORIZED TO CLEAN, PASSIVATE, OR TREAT A HYDRONIC SYSTEM.] FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 136 of 610 [NOTE TO SPECIFIER: The following providers, A- E, meet the qualifications requirements of the spec, contributed to it's development, and are fairly reputable in our area] A. G.E. Water& Process Technologies B. Jaytech C. Nalco D. US Water Services E. Waterl-ink 2.02 CLEANING OF CLOSED SYSTEMS A. Provide all required materials and services to clean system of all oils, dirt, flux, pipe mill varnish, iron oxide corrosion by-products, and microbial agents. The process must be capable of removing grease and petroleum products, and must passivate all wetted surfaces in system including ferrous and non-ferrous piping, associated ferrous and non-ferrous pipe fittings, and mechanical equipment. It is the responsibility of the mechanical contractor to coordinate the proper cleaning and passivation of the hydronic systems. The mechanical contractor shall provide for the water treatment contractor the materials of construction, fill volumes, and other information required for cleaning and passivation of the hydronic systems. B. Materials: 1. Cleaning: Alkaline compound with emulsifying agents and detergent of sufficient strength to completely clean system of all foreign substances. 2. Passivation: Provide passivation chemicals appropriate for construction of piping system. Provide protection for all ferrous and non-ferrous components. Coordinate with the mechanical contractor to provide protection for all materials of construction used in the system, including aluminum, brass, and other non-ferrous material. 3. Biocide: Provide required agents to bring biological growth within testing parameters. C. Procedure: 1. Initial System Flush: a. The system shall be filled with water and thoroughly flushed to remove any dirt and debris from the materials of construction. The system must be filled and drained from points which maximize flow throughout the entire loop. A system pressure of at least 10 psig must be maintained during the flush. Soft water shall be used to fill and flush heating water systems. b. All valves and zones in the loop must be in the open position during the flushing process. Fully flush all dead-end branch piping. c. The initial flush must last for at least four continuous hours. d. Use temporary water meter to record volume in each system, for use by the water treatment contractor. 2. Secondary Flush and System Cleaning: a. The system shall be filled with the passivating and cleaning agents. b. The system must be circulated continuously for at least 48 hours. Provide additional cleaner or circulation time as required to properly clean old or fouled piping. If the system has a boiler, raise the loop temperature to 160°F to improve cleaning. c. Once the cleaner has recirculated for at least 48 hours, the system must flushed again. d. The secondary flush must last for at least eight continuous hours. After the system has been flushed, samples must be taken at 3 different points in the system to verify the system is clean. The flush will be considered a success when a conductivity test, of the water exiting the loop, reads within 20% of the makeup water composition. Alternately, a Babcock/Wilcox Millipore testing of the water exiting the loop contains less than 100 ppb of total suspended solids. Biological testing must show less than FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 137 of 610 100 RLUs/CFUs. The specified biocide must be applied at legal dosage rates if microbiological growth exceeds 100 RLUs/CFUs. The water treatment vendor, and commissioning authority, must verify that the flush has achieved the listed test parameters before this step is considered complete. e. It is the responsibility of the mechanical contractor to coordinate the proper cleaning and treatment of closed loop systems with non-ferrous (aluminum, copper, etc.) components. Coordinate with the water treatment contractor to provide appropriate cleaners and treatments, that clean and protect the components, and comply with local and state laws. f. It is the responsibility of the mechanical contractor to coordinate the proper cleaning and treatment of Geo-thermal systems. Provide appropriate cleaners and treatments that comply with local and state laws. Temporary cleaners, in a geothermal system, must be fully flushed from the system within one week of introduction. g. All fill water must be metered, by mechanical contractor, and the volume recorded for use by the water treatment contractor. D. Testing: Verify system cleanliness and system chemistries to ensure the specifications stated above are achieved. Collect samples from three different points in the system. Once complete, send results to project Engineer and commissioning authority for review. 1. Chemical Additions: Once inhibitor and or glycol has been added to the system, the system must be tested for glycol degradation, glycol concentration, system inhibitors, corrosion products, and system contaminants. 2. Final Testing: After final system fill, provide documentation system meets following conditions. [NOTE TO SPECIFIER: USE THIS TABLE FOR SMALL TO MIDSIZED SYTEMS OF LESS THAN 5,000 GALLONS. VERIFY INHIBITORS USED IN THE SPECIFIC SYSTEM AND AJUST TABLE. THE CONDUCTIVITY NUMBER MAY BE AFFECTED BY INHIBITOR PACKAGE.] ITEM ALLOWABLE RANGE [NOTE TO SPECIFIER - DELETE COLUMN AFTER READING] System Properties System pH 9.0-10.5 Copper Within 30% of feed water MEASURES CORROSION Ferrous Iron Within 50% of feed water MEASURES CORROSION Conductivity Within 20% of feed water MEASURES FOREIGN MATTER RFU/CFU >100 per mill MEASURES BIOLOGICAL GROWTH Glycol % XX % Heating System Inhibitors VERIFY INHIBITORS Tolyltriazole 2-7 ppm Nitrite (NO2) 800-1200 ppm Cooling System Inhibitors VERIFY INHIBITORS Nitrite (NO2) 800-1200 ppm Polyacrylate 20-60 FAU Molybdate (Mo04) 100-150 ppm effective inhibitor but banned in some jurisdictions Silica (Si02) 50-100 ppm [NOTE TO SPECIFIER: USE THIS TABLE FOR LARGE OR CRITICAL SYTEMS OF MORE THAN 5,000 GALLONS. IT IS RECOMMENDED TO WORK WITH A WATER TREATMENT PROVIDOR TO ADJUST THE VALUES, TO ACOUNT FOR THE LOCAL FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 138 of 610 FEED WATER CHEMISTRY AND REQUIRED INHIBITORS PACKAGE. THE CONDUCTIVITY NUMBER MAY BE AFFECTED BY INHIBITOR PACKAGE.] ITEM ALLOWABLE RANGE [NOTE TO SPECIFIER-DELETE COLUMN AFTER READING] Physical Properties Sediment-Solids % <0.01 wt% Clarity Clear Conductivity Within 20% of feed MEASURES FOREIGN MATTER water RFU/CFU >100 per mil MEASURES BIOLOGICAL GROWTH Glycol Concentration XX% Freeze Point XXF pH 9.0-10.5 Heating System Inhibitors Tolyltriazole (TTZ) 5-10 ppm Nitrite (NO2) 800-1200 ppm Cooling System Inhibitors Phosphate (PO4) <1000 ppm Borate (1303) 25-50 ppm Molybdate (Mo04) 100-150 ppm Silica (ppm Si02) 50-100 ppm Corrosion/Oxidation Byproducts Ferrous Iron <1 ppm Copper <0.5 ppm Combined Organic Acid <300 ppm MEASURE GLYCOL DEGRAGATION Corrosive Ions & Scale Promoters Chloride (CL) <100 ppm Sulfate (SO4) <250 ppm Calcium (CaCO3) <100 ppm Magnesium (Mg) <30 ppm Nitrate (NO3) <100 ppm 2.03 TREATMENT OF CLOSED SYSTEMS [NOTE TO SPECIFIER: THIS SECTION SHOULD BE USED TO SPECIFY A POST CONSTRUCTION WATER TREATMENT SYSTEM FOR A CLOSED LOOP HYDRONIC SYSTEMS. EDITS WILL BE REQUIRED TO ADJUST FOR SYSTEM SIZE, PRESENCE OF GLYCOL, AND GEOTHERMAL INSTALATIONS. IOWA STATE UNIVERSITY HAS SPECIFIC REQUIREMENTS WHICH WILL REQUIRE THIS SECTION TO BE MODIFIED. REFER TO UNIVERSITY GUIDELINES] A. Provide a complete chemical treatment system including side stream filtration and injection equipment for the chemical treatment of[ ] closed loop systems. Coordinate with mechanical contractor to ensure proper coverage for all components of system including ferrous and non-ferrous metals. B. Materials: Provide chemicals necessary to treat the system for cleaning, scale, corrosion, glycol (if necessary), microbiological growth, and fouling. When connecting to existing systems, new FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 139 of 610 chemicals used must be completely compatible with the present treatment programs and not accelerate mechanical seal failures due to excessive total dissolved solids 1. Corrosion Inhibitors: Provide all chemicals and equipment necessary to achieve the following: (Phosphate based inhibitors are not permitted for treatment of heating water systems fed by hard water.) a. Immediately after test results have confirmed that the loop has passed clean and flush inspection, closed loop inhibitor must be added to prevent flash corrosion of the loop. b. The inhibitors shall protect all wetted materials of construction including ferrous and non-ferrous metals. c. Maintain system essentially free of scale, corrosion and fouling. d. Maximum Corrosion rate of 0.2 mils per year(mild steel) and 0.1 mils per year on brass, copper, and non-ferrous metals. Provide corrosion monitoring equipment. e. Iron and suspended solids dispersion. f. Produce no foam. g. Buffering for pH control: 8.5- 10.5 h. If the system is a geothermal system, the inhibitor must fall within the NSF/ANSI Standard 60 per DNR stipulations. Only drinking water approved additives shall be used. 2. Biocides: a. Shall be provided sufficient to maintain the system below 100 RLU. b. Geothermal installations: Chemical biocides shall be used in a temporary basis only. All chemicals must be removed from the loop within one week of introduction. C. Testing: Provide tests of systems which verify system chemistry and cleanliness. 1. After inhibitor and or glycol has been added to the system it must be tested for glycol degradation, glycol concentration, system inhibitors, and system contaminants. 2. Provide tests showing that the loop meets the following requirements: [NOTE TO SPECIFIER: USE THIS TABLE FOR SMALL SYTEMS OF LESS THAN 5,000 GALLONS. THE VALUES MAY VARY SOME ON ACOUNT OF LOCAL FEED WATER CHEMISTRY AND INHIBITOR PACKAGE. NOT ALL ITEMS MAY BE APLICABLE FOR ALL SYSTEMS.] ITEM ALLOWABLE RANGE System Properties Glycol Concentration XX% Freeze Point XXF Max TDS < 6,000 pH 8-10.5 Copper Within 30% of feed water Iron Within 50% of feed water Heating System Inhibitors Tolyltriazole 2-7 ppm Nitrite (NO2) 800-1200 ppm Cooling System Inhibitors Nitrite (NO2) 800-1200 ppm Phosphate (PO4) <1,000 ppm Molybdenum 100-150 ppm [effective inhibitor but banned in some jurisdictions] Silica (Si02) 50-100 ppm Polyacrylate 20-60 FAU FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 140 of 610 Biological Agents Total ATP <100 Free ATP <100 PART 3 EXECUTION 3.01 PREPARATION A. Completely fill system, to operational conditions, for cleaning and passivation. The system must be filled, started, and vented prior to cleaning. B. Use temporary water meter to record capacity in each system. Verify meter is functional, calibrated, and installed per manufactures instructions. C. Place terminal control valves in open position during cleaning. All system zones must be open during flush and passivation. D. Verify that electric power is available and of the correct characteristics. E. Refer to plans, details, and flow diagrams for locations and installation requirements. F. Geothermal loops must conform to NSF approved guidelines. Closed loop cleaners are permitted in geothermal loops so long as they are not left to recirculate for more than one week. The closed loop cleaners presence must be "temporary"and all cleaners must be fully flushed from the system. 3.02 INSTALLATION A. Install in accordance with manufacturer's instructions. Provide water treatment report from manufacturer's representative. B. Provide separate bypass line for installation of chemical treatment manifold. provide line with shutoff valves and venturi balancing station. The line shall be 3/4" unless otherwise specified on the plans. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 7 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 141 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 8 of 8 CLEANING AND TREATMENT OF HYDRONIC SYSTEMS 232500 PRELIMINARY Page 142 of 610 SECTION 23 5100 BREECHINGS, CHIMNEYS AND STACKS PART 1 GENERAL 1.01 SECTION INCLUDES A. Category IV positive pressure vent pipe 1.02 RELATED SECTIONS A. Specification Section 23 0513 - Common Motor Requirement for HVAC Equipment B. Specification Section 23 0716 - HVAC Equipment Insulation C. Specification Section 23 0953 - Pneumatic and Electric Control System for HVAC 1.03 REFERENCES A. ANSI Z21.66 - Electrically Operated Automatic Vent Damper Devices for Use with Gas-Fired Appliances B. ANSI Z21.67 - Mechanically Actuated Automatic Vent Damper Devices for Use with Gas-Fired Appliances C. ANSI Z21.68 -Thermally Operated Automatic Vent Damper Devices for Use with Gas-Fired Appliances D. ASTM A167 - Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet, and Strip E. ASTM A525 - Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process, General Requirements F. ASTM A527 - Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process, Lock-Forming Quality G. ASTM A569 - Steel, Sheet and Strip, Carbon (0.15 Maximum Percent) Hot-Rolled Commercial Quality H. ASTM C64 - Refractory for Incinerators and Boilers I. ASTM C105- Ground Fire Clay as a Refractory Mortar for Laying-up Fireclay Brick J. ASTM C401 - Classification of Castable Refractory K. NEMA MG1 - Motors and Generators L. NFPA 31 (ANSI Z95.1)-Standard for the Installation of Oil Burning Equipment M. NFPA 54 (ANSI Z223.1)-The National Fuel Gas Code N. NFPA 70 - National Electrical Code O. NFPA 82 -Standard on Incinerators, Waste, and Linen Handling Systems and Equipment P. NFPA 211 - Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning Appliances Q. SMACNA- HVAC Duct Construction Standards- Metal and Flexible R. UL 103 - Standard for Factory Built Low Heat Chimneys S. UL 127 - Standard for Factory Built Fireplaces T. UL 378 - Standard for Draft Equipment U. UL 441 - Standard for Gas Vents V. UL 641 - Standard for Low Temperature Venting Systems W. UL 959 (ANSI Z181.1) - Medium Heat Appliance Factory Built Chimneys 1.04 DEFINITIONS A. Breeching: Vent Connector. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 BREECHINGS,CHIMNEYS AND STACKS 235100 PRELIMINARY Page 143 of 610 B. Chimney: Primarily a vertical shaft enclosing at least one vent for conducting flue gases outdoors. C. Smoke Pipe: Round, single wall vent connector. D. Vent: That portion of a venting system designed to convey flue gases directly outdoors from a vent connector or from an appliance when a vent connector is not used. E. Vent Connector: That part of a venting system that conducts the flue gases from the flue collar of an appliance to a chimney or vent, and may include a draft control device. 1.05 DESIGN REQUIREMENTS A. Factory built vents and chimneys used for venting natural draft appliances shall comply with NFPA 211 and be UL listed and labeled. 1.06 SUBMITTALS A. Shop Drawings: Indicate general construction, dimensions, weights, support and layout of breechings. Submit layout drawings indicating view and elevations. B. Product Data: Provide data indicating factory built chimneys, including dimensional details of components and flue caps, dimensions and weights, electrical characteristics and connection requirements. 1.07 REGULATORY REQUIREMENTS A. Conform to applicable codes for installation of gas and oil burning appliances and equipment. B. Products Requiring Electrical Connection: Listed and classified by Underwriters' Laboratories, Inc., as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 CATEGORY IV POSITIVE PRESSURE VENT PIPE FOR CONDENSING APPLIANCES A. For flue pipes (AL29-C) 1. Manufacturers: a. Heat Fab: Saf-T Vent b. Z-Flex Z-Vent c. Metal Fab d. Schebler e. Dura-Vent f. Engineer approved equal. 2. Category IV positive pressure UL1738 vent system for use in condensing applications. 3. Fabrication: Double wall vent pipe with 1" air space. Inner pipe shall be AL-294C stainless steel. The outer jacket shall be 430 stainless steel or 304 stainless steel. 4. Roof camps, fittings, appliance adapters and accessories shall be from the same manufacturer. All components shall be UL1738 listed. 5. Vent pipe shall be compatible with the fuel burning appliance it serves. Consult appliance manufacturer's installation manual. 6. Entire flue assembly shall slope back towards fuel burning appliance. Supply condensate collection fitting prior to connection to appliance. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install in accordance with applicable codes. C. Support breechings from building structure, rigidly with suitable ties, braces, hangers and anchors to hold to shape and prevent buckling. Support vertical breechings, chimneys and stacks at twelve foot spacing, to adjacent structural surfaces or at floor penetrations. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 BREECHINGS,CHIMNEYS AND STACKS 235100 PRELIMINARY Page 144 of 610 D. Refer to SMACNA HVAC Duct Construction Standards - Metal and Flexible for equivalent duct support configuration and size. E. Maintain UL listed minimum clearances from combustibles for type#B double wall gas vents. Assemble pipe and accessories as required for complete installation. F. Install vent dampers, locating close to draft hood collar and secured to breeching. G. Level and plumb chimney and stacks. H. Clean breechings, chimneys, and stacks during installation removing dust and debris. I. Provide slip joints permitting removal of appliances without removal or dismantling of breechings, breeching insulation, chimneys, or stacks. 3.02 SCHEDULES A. See drawings for information on BTU input to stack and required elevations. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 BREECHINGS,CHIMNEYS AND STACKS 235100 PRELIMINARY Page 145 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 BREECHINGS,CHIMNEYS AND STACKS 235100 PRELIMINARY Page 146 of 610 SECTION 23 5243 HIGH EFFICIENCY MODULAR BOILERS PART 1 GENERAL 1.01 SECTION INCLUDES A. Hot water boiler trim. B. Fuel burning system. C. Control. D. Performance. E. Source quality control. 1.02 RELATED SECTIONS A. Specification Section 23 1123 - Natural Gas Piping B. Specification Section 232113 - Hydronic Piping C. Specification Section 23 5100 Breechings, Chimneys and Stacks 1.03 REFERENCES A. AGA Z21.13- Gas-Fired Low-Pressure Steam and Hot Water Boilers B. ASME CSD-1 - Controls and Safety Devices for Automatically Fired Boilers C. ASME SEC 1 - Boiler and Pressure Vessel Codes- Rules for Construction of Power Boilers D. ASME SEC 4 - Boiler and Pressure Vessel Codes- Rules for Construction of Heating Boilers E. ASME SEC 8 - Boiler and Pressure Vessel Codes- Rules for Construction of Pressure Vessels F. HI (Hydronics Institute Division of AHRI)-Testing and Rating Standard for Cast Iron and Steel Heating Boilers G. HI (Hydronics Institute Division of AHRI) - BTS-2000 Method to Determine Efficiency of Commercial Space Heating Boilers H. NEMA 250 - Enclosures for Electrical Equipment(1000 Volts Maximum) I. NFPA 54 (AGA Z223.1)- National Fuel Gas Code J. NFPA 70 - National Electrical Code K. UL 726 - Oil Fired Boiler Assemblies L. UL 795 Commercial - Industrial Gas Heating Equipment 1.04 SUBMITTALS A. Product Data: Provide data indicating general assembly, components, controls, safety controls, and wiring diagrams with electrical characteristics and connection requirements, and service connections. B. Submit manufacturer's installation instructions. Indicate assembly, support details, connection requirements, and include start-up instructions. C. Operation and Maintenance Data: Include manufacturer's descriptive literature; operating instructions, cleaning procedures, replacement parts list, and maintenance and repair data. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing the products specified in this section with minimum five years experience. B. Boiler: The boiler model shall have installations in the state of Iowa with a minimum of 5 years in operation. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 HIGH EFFICIENCY MODULAR BOILERS 235243 PRELIMINARY Page 147 of 610 1.06 REGULATORY REQUIREMENTS A. Conform to applicable code for internal wiring of factory wired equipment. B. Conform to ASME SEC 1, ASME SEC 4, ANSI Z21.13 or UL 795 as applies for construction of boilers. C. Products Requiring Electrical Connection: Listed and classified by UL or ETL as suitable for the purpose specified and indicated. D. Boiler firing and safety controls must comply with ASME CSD-1. 1.07 DELIVERY, STORAGE,AND PROTECTION A. Protect boilers from damage by leaving factory inspection openings and shipping packaging in place until final installation. 1.08 START-UP SERVICES A. The manufacturer or manufacturer's authorized representative shall start the boilers and confirm that they are fully functional. B. See Part 3.02 for additional services. 1.09 WARRANTY A. Heat exchanger carries a 10-year non pro-rated warranty. B. All other components are one year warranty from date of startup or 18 months warranty from date of shipment. C. Twenty year heat exchanger warranty for thermal shock. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Thermal Solutions B. Laars C. RBI D. Engineer approved equal. E. Pressure Vessel and Heat Exchanger: 1. The heat exchanger shall be a 316 or 439 stainless steel alloy with a one-pass combustion gas flow design. Multiple pass designs are not acceptable. Cast Iron, Cast Aluminum, and Copper heat exchangers are unacceptable. 2. The pressure vessel shall be ASME stamped for a working pressure not less than 160 psig. 3. The pressure vessels shall be in accordance with Section IV of the ASME pressure vessel code. F. Fuel Burning System: 1. The burners shall be fully modulating with a minimum 3:1 turndown. 2. A modulating air/fuel valve shall meter the air and natural gas input. 3. The combustion air fan shall utilize a VFD to control the air to fuel ratio. 4. Burner construction shall be a stainless steel metal-fiber mesh. 5. Ignition shall be intermittent spark. 6. Flame Monitoring: Flame Rectification or UV Scanner(UL Listed). G. Boiler Controls: 1. Provide a standalone boiler controller capable of controlling boilers. This controller may be from the boiler manufacturer or a third party boiler controller(Tekmar or Heat Timer) and must provide a boiler sequence. The controller shall come with all required sensor. The controller shall have a user interface for setpoint adjustments. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 HIGH EFFICIENCY MODULAR BOILERS 235243 PRELIMINARY Page 148 of 610 2. The boiler must toggle between on and off in response to an external dry contact. 3. The boiler must be able to operate stand alone to maintain a constant leaving water temperature setpoint if connection to the building DDC is lost. H. Gas Train 1. Gas Train shall be CSD-1 compliant. 2. Gas Train shall have high and low gas pressure switches. I. Boiler Trim 1. ASME rated pressure relief valve set at 125 psig. 2. Low water cut-off with drain valve and manual reset to automatically prevent burner operation whenever boiler water falls below safe level. 3. Manual reset safety shall stop burner to prevent boiler water temperature from exceeding safe system water temperature. 4. Combination pressure and thermometer gauge. 5. Vent piping shall be a AL294C Stainless Steel or Polypropylene (if allowed by boiler manufacturer). 6. Flow Switch shall prevent burner operation if low flow conditions exist. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Provide connection to natural gas service. C. Provide piping connections and accessories as indicated. D. Pipe relief valves to nearest floor drain. E. Provide for connection to electrical service. F. Wire all controls and provide power to control panel. G. Route condensate to nearest floor drain. 3.02 MANUFACTURER'S FIELD SERVICES A. Boiler start-up and control sequencing: 1. A factory representative shall provide start-up services for each boiler. 2. A factory representative shall commission the boiler manufacturer controllers. The individual boiler controllers as well as the master controller shall be commissioned to perform per the above control sequencing (stand alone, multiple condensing boiler sequence, DDC connectivity, etc). B. Combustion Analysis and Optimization: A factory representative shall perform a combustion analysis for boiler optimization on each unit. Results from the analysis shall be submitted with the Maintenance Manuals for engineer review and approval. Manufacturer requirements shall determine the necessary measured parameters. 1. The following shall be measured at a minimum: a. On site gas pressure and flow. b. 02, CO and CO2 stack concentration: Adjustments shall be made to the burner and combustion air fan speed to limit excess air and CO in the stack. c. Stack and combustion air temperatures. d. NOx concentration (if required by state code). 2. The following parameters shall be calculated: a. Excess Air b. CO2 c. Combustion Efficiency C. Owner Training FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 HIGH EFFICIENCY MODULAR BOILERS 235243 PRELIMINARY Page 149 of 610 1. A factory representative shall provide a total of four(4) user training sessions lasting a minimum of two (2) hours per session. A least one hour of the training shall focus on the boiler controllers, programming, and troubleshooting. Provide a sign-in sheet as well as a training session outline for inclusion in the O&M manual. Coordinate training dates with the owner. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 HIGH EFFICIENCY MODULAR BOILERS 235243 PRELIMINARY Page 150 of 610 SECTION 26 0050 BASIC ELECTRICAL REQUIREMENTS PART 1 GENERAL 1.01 SECTION INCLUDES A. Basic Electrical Requirements specifically applicable to Electrical Division Specification Sections. B. Division 26 Specification requirements also include, by reference, all Division 00 and 01 specification sections. This contractor is responsible to review these specification sections. Requirements of these specification sections are included as a part of this contract. 1.02 OWNER OCCUPANCY A. The owner will occupy the premises during the construction period. B. Limit use of site and premises to allow owner occupancy. C. Cooperate with the owner to minimize conflict and to facilitate owner's operations. D. Schedule the work to accommodate this requirement. 1.03 REGULATORY REQUIREMENTS A. This contractor shall give proper authorities all requisite notices relating to work in their charge, obtain official permits, licenses for temporary construction and pay proper fees for it. B. This contractor is to be solely answerable for and shall promptly make good all damage, injury or delay to other contractors, to neighboring premises or to persons or property of the public by themselves, by their employees or through any operation under their charge, whether in the contract or extra work. C. No attempt has been made to reproduce in these specifications any of the rules or regulations contained in city, state or federal ordinances and codes pertaining to the work covered by these specifications that the contractor be thoroughly familiar with all such ordinances and codes. D. The fact that said various rules, regulations and ordinances are not repeated in this specification does not relieve the contractor of the responsibility of making the entire installation in accordance with the requirement of those authorities having jurisdiction. E. All work shall comply with the applicable recommendations of: 1. The National Board of Fire Underwriters 2. The ANSI-NFPA 70 National Electrical Code 3. The National Fire Protection Association (NFPA) 4. The Occupations Safety and Health Act (OSHA) 5. IBC Building Code (current) and any current applicable city building and or electrical codes. 6. Fire Protection: Conform to International Fire Code (IFC) and NFPA. 7. International Energy Conservation Code (IECC) F. Obtain permits and request inspections from authority having jurisdiction. G. Conform to latest approved versions of codes. 1.04 PROJECT/SITE CONDITIONS A. Install work in locations shown on drawings unless prevented by project conditions. B. Prepare drawings showing proposed rearrangement of work to meet project conditions, including changes to work specified in other sections. Obtain permission of owner and architect/engineer before proceeding. C. This contractor, before submitting their bid, shall visit the site of the project to familiarize themselves with locations and conditions affecting their work. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 151 of 610 D. It is the intent of this specification that the contractor furnish all labor and material required to complete the installation as outlined in the drawings and specifications. No additions to the contract price will be allowed due to the failure of this contractor to properly evaluate the effect of existing conditions on the work to be done under this contract. E. Whenever renovation or remodeling or relocation of existing equipment is included in the contract, it is imperative that all locations of existing wiring conduits, electrical panels, equipment, services and grades be noted on the job site before bid is submitted and that all elevations and grades be verified before roughing in new work. F. This contractor shall provide, as necessary, for the installation of their work and in accordance with materials other than the structure. 1.05 SEQUENCING AND SCHEDULING A. This contractor shall arrange their work in order that it progresses along with the general construction of the building. B. This contractor shall be kept informed as to the work of other trades engaged in the project and shall execute their work in such a manner so as not to delay or interfere with progress of other contractors. C. Where space for mechanical and electrical lines and piping is limited, it is imperative that all such trades coordinate their work so as to insure concealment in space provided. Where conflict exists, the engineer shall decide priority of space. If work is not properly coordinated, the engineer may require removal and relocation of work without additional compensation. 1.06 GUARANTEE A. This contractor shall guarantee all of the apparatus, materials, equipment furnished, and labor installed under this contract for a period of one year after date of final acceptance, unless a longer period is specified. B. Neither final certificate of payment nor any provisions in the contract documents nor partial or complete occupancy of premises by owner shall constitute an acceptance for work not done in accordance with contract documents or relieve the contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. C. Should any defects arise as the result of defective workmanship or material within the guarantee period set forth, this contractor shall make the necessary correction at their own expense. 1.07 ENGINEER APPROVED EQUAL PRODUCTS A. When the engineer, at the request of the interested parties, including the contractor, supplier and manufacturer approved "engineer approved equal" products for this project, such products are approved on the assumption that they will equal or exceed the performance of the products specified. B. If such products do not do so after being installed on this project, this contractor shall replace or modify the particular product as necessary to equal the performance of the products specified at no expense to the owner, architect or engineer. C. Request for"engineer approved equal" products shall be received by the architect/engineer prior to the last addendum being issued. Requests for substitutions received after this date will not be considered. Substitution requests shall clearly state which products are being considered for substitution. Substitution requests shall include all pertinent product information needed to evaluate the substitution as an "equal'. D. Similar products shall be all of the same manufacturers and style. There is no exception to this unless prior approval has been granted from engineer. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 152 of 610 1.08 OWNER'S RIGHT OF SALVAGE A. Before beginning construction, the contractor shall check and verify with the owner each item of existing equipment that must be removed. B. The owner will designate which items of material or equipment not reused that they may wish to keep. The contractor shall then remove these items with care and store in a location designated by the owner for the owner's disposal. C. All other items of equipment to be removed and not specified for reuse in new construction or reserved by the owner for their use shall become the property of the contractor and shall be removed from the site. 1.09 PROTECTION AND MAINTENANCE A. The work covered by these drawings and specifications may involve work in both new and remodeled areas of the building. B. Where necessary to connect to any existing utility service, this electrical contractor shall contact the owner and shall coordinate any building service connection with the owner so that normal operation to the building is disrupted as little as possible. C. Any work to be done in existing structures shall be coordinated with the owner and arrangements made so that traffic flow may be maintained and areas finished where possible before other areas are begun. D. This contractor shall protect existing equipment in finished areas from dirt, dust and damage as a result of their work. E. Coordinate protection requirements with department heads before beginning construction. F. Protect any building openings from unauthorized entry. Coordinate with owner where building entry must be controlled. 1.10 DEMOLITION A. This contractor shall be responsible for the demolition and removal of all existing electrical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be reused". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. 4. All elements to be removed are subject to the Owner's Right of Salvage. B. Preserve services to the existing facility. 1.11 CUTTING AND PATCHING A. This contractor shall do all cutting and patching necessary for the installation of his work in all existing and new buildings unless otherwise noted. B. In areas where the integrity of new or existing fire separation assembly/wall is compromised by the work, this contractor shall be responsible to patch and/or seal openings as necessary to maintain and/or return fire separation to rating as required by applicable codes. C. This contractor shall do all cutting and patching required for his work beyond the remodeled areas unless otherwise noted. All finish work shall include patching to match existing adjacent surfaces. Painting shall be by others. 1.12 CLEANING AND RUBBISH A. This contractor, upon completion of their work, shall remove all rubbish and debris resulting from their operation and shall remove it from site at their own expense. B. As far as their work is concerned, all equipment shall be cleaned and the premises left in first class condition. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 153 of 610 C. This contractor shall maintain the work area each day to prevent hazardous accumulation of waste from their work. 1.13 SEALING AND PENETRATION A. Clearance around the piping passing through fire or smoke rated construction shall be sealed to maintain the rated integrity of the construction (1 hr. 2 hrs. etc.). One and two-hour rated assemblies are to be patched on both sides of the assembly. B. This contractor shall verify rating and location of all such construction with the architectural drawings and seal all penetrations. C. Manufacturer offering products to comply with the requirements include the following: 1. Dow Corning "Silicone RTV Foam" 2. 3-M Corporation "Fire Barrier Caulk and Putty" 3. Thomas & Betts "Flame Safe Fire Stop System" D. Installation of these products are to be in strict accordance with the manufacturer's recommendations. E. This contractor shall submit shop drawings showing approved sealing assemblies to be utilized on this project. 1.14 ELECTRICAL CONNECTIONS A. This contractor shall mount and wire all magnetic starters, thermal protective switches, and speed changing switches furnished under the mechanical contract and install such starters and switches and wire them to their respective motors as a part of the electrical contract. B. All other magnetic starter switches, safety switches and speed control devices indicated on the electrical drawings or specifications are the responsibility of the electrical contractor to furnish and install. C. Unless specifically stated elsewhere, the wiring of the temperature control system shall be the responsibility of the mechanical contractor. 1.15 HAZARDOUS MATERIALS A. If the contractor stores any hazardous solvents or other materials on the site, they shall obtain copies of the safety data sheets for the materials and post them at the site. The contractor shall inform the owner and all employed of any potential exposure to this material. B. At no time shall any product containing asbestos be incorporated into the work. 1. If asbestos materials are encountered, report to the owner. The owner will be responsible for asbestos removal. 1.16 AS-BUILT DRAWINGS A. This electrical contractor shall provide (at the conclusion of the project) one clean, non-torn, neat and legible "as-built" set of drawings to the owner. These drawings shall show the routing of conduit, wiring and equipment drawn in at scaled locations. All circuits shall be labeled and shall conform to labeled panel breakers. All dimensions indicated shall be referenced to a column line. A set of construction drawings will be furnished for this work. B. All electrical panels and electrical installed equipment shall be shown on the "as-built" drawings. C. Refer to General Specification Sections for additional requirements. D. This contractor shall update these drawings during the project at least once a week. 1.17 ALTERNATES A. Refer to description of alternate bids under General Specification Sections. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 154 of 610 1.18 REVIEW OF MATERIALS A. This contractor shall submit to the engineer for review one (1) electronic copy giving a complete list of materials, fixtures, devices and panels they propose to furnish. The brochure shall contain complete information as to the make of equipment, type, size, capacities, dimensions, and illustration. One of the returned copies shall be kept on the job at all times. B. Checking of submittal drawings by the engineer does not relieve the contractor of the responsibility for the accuracy of such drawings and for their conformity to drawings and specifications unless the contractor notifies engineer, in writing, of such deviation at time such drawings are furnished. C. All submittals shall have the date marked on them when the contractor receives them from the supplier. Submittals shall be submitted through the contractor and shall not come direct from the supplier to the architect or engineer. D. This contractor shall mark the date and sign each set. This indicates that each of them have been checked in their entirety before submitting to the engineer. Submittals that are not dated and signed by the contractor will not be accepted or checked and will be marked "resubmit" and sent back to the contractor. 1.19 TEST OF SYSTEMS A. This contractor shall, before concealed, test all systems installed under this contract as called for in these specifications and as required by local codes. Tests shall be made in the presence of the engineer, local authorities or their duly authorized representative. Any defects discovered in testing shall be corrected and the tests repeated until all defects are eliminated. B. This contractor shall be held responsible for all damage resulting from defects in the system. C. Each individual feeder circuit shall be tested at the panel and in testing for insulation resistance to ground; the power equipment shall be connected for proper operation. In no case shall the insulation resistance to ground be less than that required by the National Electrical Code (NEC). 1.20 SCOPE OF WORK A. This contractor shall furnish all the labor and material necessary to install a complete electrical system for the building. The system shall include all items of work as outlined in these specifications and on the drawings. B. All work shall be performed by a well-qualified, licensed electrician with a thorough knowledge of the various systems involved in this building. It shall be this contractor's responsibility to see that their employees are familiar with all the various codes and tests applicable to this work. C. All equipment shall be new and of the type specified by the engineer unless otherwise noted in these specifications or on the drawings to remain and or be reused. D. The intent of the specifications and drawings is for complete installation of the systems outlined in the specifications and drawings so that at the conclusion of construction the system will be turned over to the owner complete and ready for safe and efficient operation. The specifications and drawings cannot deal individually with the many minute items that may be eventually required by the nature of the systems. E. This contractor is required to furnish and install all such items normally included on systems of this type, which, while not mentioned directly herein or on the drawings are obviously essential to the installation and operation of the system and which are normally furnished on quality installation of this type. F. If there is a discrepancy between the drawings and the specifications or within either document, the more stringent requirement shall be estimated unless brought to the engineer's attention and an addendum is issued for clarification. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 155 of 610 G. The Electrical Contractor shall establish electrical utility elevations prior to fabrication and installation. The Electrical Contractor shall coordinate utility elevations with other trades. All elevations shall be coordinated with all trades in the field prior to installation. When a conflict between trades arises, the design team shall be notified immediately prior to further installation however priority shall be as follows: 1. Lighting Fixtures 2. Gravity flow piping, including steam and condensate. 3. Sheet metal. 4. Other piping. 5. Conduits and wireway. 1.21 DAILY HOUSEKEEPING AND CLEANING A. At the end of each workday, the contractor shall remove all of their debris, rubbish, tools, and surplus materials from the project work area. The work area shall be broom cleaned and left in a neat and orderly condition. The contractor shall not use the owner's waste disposal facility for the removal of debris from the project. B. At end of construction, all equipment shall be cleaned and the premises left in first class condition as far as this contractor's work is concerned. 1.22 OWNER'S RIGHT OF WORK CESSATION A. The owner reserves the right to order an immediate cessation of work without giving advance notice. B. All work not directly affecting the owner's use and occupancy of the remodeled/new areas shall be performed between the hours of 7:00 am and 5:00 pm Monday through Friday. C. All work directly affecting the owner's use and occupancy of the remodeled area shall be performed between the hours of 5:00 pm and 7:00 am Monday through Friday. Weekend hours shall be as arranged with the owner. 1.23 ELECTRICAL UTILITY COMPANY A. Any fees by the utility company are to be billed directly to the owner. 1.24 TELECOMMUNICATIONS UTILITY COMPANY A. Any fees by the telecommunications utility company are to be billed directly to the owner. 1.25 WALL CONTINUITY(1 HR.) A. All items mounted in 1 hr. rated walls requiring an opening larger than a four inch (4") square (16 sq. inches) require the 1 hr. rating not be degraded. 1.26 LOW VOLTAGE CONDUIT INSTALLATION A. This contractor shall install conduit serving low voltage cables located in all mechanical rooms and non-accessible areas and exposed structural areas. Use cable trays in other areas as indicated on the drawings. Where cable trays are not accessible, use J-hooks equal to Caddy Cable CAT. Provide hooks with closure holes and cable ties. Mount hooks three foot(3') on center. B. This contractor shall install conduit sleeves serving low voltage cables through walls and floors. C. Refer to other specification sections for additional information. 1.27 TEMPORARY POWER AND LIGHTING A. Temporary electrical power and lighting necessary for the construction process is the responsibility of the electrical contractor and shall be included in the base bid amount. 1.28 EXTRA MATERIALS AND LABOR A. The electrical contractor shall include in their bid additional resources for the removal and installation of 2 existing junction boxes in order to maintain access upon completion of FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 156 of 610 construction. Provide new wiring as necessary where length is insufficient to maintain a complete system. The relocation requests may occur anytime during the construction process as requested by the Owner or Design Team. Junction boxes may be associated with Division 26. 1.29 ALLOWANCE A. Include a $5,000.00 allowance in the bid amount for owner or engineer directed changes during the construction period. Changes shall be priced prior to proceeding with the work. Any amount left over at the conclusion of the project shall be deducted from the contractor's last payment application. 1.30 DIGITAL MEDIA AGREEMENT A. Computer Aided Drafting (CAD)documents may be available to the contractor for some uses. Contact the engineer prior to bidding to determine what information is available to be transmitted to the contractor in digital form. B. When documents are determined to be available, and as requested by the contractor, they will be transmitted upon the completion and execution of the MODUS digital media agreement. A service fee for each document transmitted will be assessed to the contractor. Documents will be transmitted upon payment receipt. Current service fee is $100.00 per CAD sheet. 1.31 SYSTEM CONFIGURATION AND PROGRAMMING FILES A. Supply system configuration and programming files where export is available. B. Supply uncompiled programming for systems applicable. C. All configuration and programming shall be property of the owner at conclusion of the project. PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 7 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 157 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 8 of 8 BASIC ELECTRICAL REQUIREMENTS 260050 PRELIMINARY Page 158 of 610 SECTION 26 0080 ELECTRICAL SCHEDULE OF VALUES PART 1 GENERAL 1.01 FORM COMPLETION A. The successful Electrical Contractor shall complete this form in its entirety within 30 days of receipt of signed contract from the General Contractor, and submit directly to MODUS. B. This information is confidential and will not be disclosed to any individual outside of MODUS. Data collected will be used in evaluating pay applications. 1.02 OVERALL CONTRACT Base Electrical Bid $ Add or deduct accepted alternates, negotiated changes, or other modifications to the contract $ Total Electrical Bid $ 1.03 SCHEDULE OF VALUES Electrical Distribution - Material and Labor $ Electrical Distribution Installation - Material and Labor $ Wiring Devices - Material and Labor $ Total Electrical Bid (Sum of Schedule of Values) $ PART 2 PRODUCTS NOT USED PART 3 EXECUTION NOT USED END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 ELECTRICAL SCHEDULE OF VALUES 260080 PRELIMINARY Page 159 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 ELECTRICAL SCHEDULE OF VALUES 260080 PRELIMINARY Page 160 of 610 SECTION 26 0090 MINOR ELECTRICAL DEMOLITION FOR REMODELING PART 1 GENERAL 1.01 SECTION INCLUDES A. The requirements of the Contract Forms, the Conditions of the Contract, Division 1 - General Requirements and Specification Section 26 0050 - Basic Electrical Requirements "General Provisions" apply to this section. 1.02 SCOPE A. This contractor shall be responsible for the demolition and removal of all existing electrical elements within the project area except as follows: 1. Elements shown on the drawings as "existing to remain and/or to be relocated". 2. Elements serving adjacent areas. 3. Elements required for the support of the newly remodeled areas. B. Preserve services to the existing facility. C. Demolition shall be accomplished by the proper tools and equipment for the work to be removed. Personnel shall be experienced and qualified in the type of work to be performed. D. This electrical contractor shall remove all abandoned equipment, conduit, supports, equipment curbs and bases associated with the remodeled area unless noted otherwise. E. This contractor is responsible to provide temporary electrical protection during this project. 1.03 MATERIALS A. All elements to be removed are subject to the Owner's Right of Salvage. B. All materials removed shall be the property of the removing contractor and shall be removed from the site by them, unless otherwise specified. C. The owner may designate and have salvage rights to any material herein demolished by this contractor. It will be the owner's responsibility to designate such salvageable items and remove them prior to the contractor working in that area. 1.04 WORK BY OTHERS A. Unless specifically noted under other contracts, the electrical contractor shall assume they will perform all required work. In general, the following will be performed by others: 1. The mechanical contractor shall be responsible for the cutting and capping of all existing gas, water, sewer, and any other utility service. 1.05 EXISTING CONDITIONS A. If any existing fixtures or devices that are to remain are disturbed by operations under this contract, the contractor is required to re-establish continuity of such systems. B. The electrical contractor shall arrange for the general contractor to repair and patch all construction with material necessary to match surrounding due to removal of equipment and conduit. C. The electrical contractor shall furnish all required labor and material, where required, to extend new work to connect to similar work for extension of existing systems. D. Demolition plans are based on casual field observations and existing record documents. Report discrepancies to the owner before disturbing existing installation. Beginning of demolition means installer accepts existing conditions. E. Floor slabs may contain conduit systems. This Contractor is responsible for taking any measures required to ensure no conduits or other services are damaged. This includes x-ray or similar non-destructive means. Where conduit is in concrete slab, cut conduit flush with floor, pull out conductors, and plug conduit ends. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 MINOR ELECTRICAL DEMOLITION FOR REMODELING 260090 PRELIMINARY Page 161 of 610 F. This Contractor is responsible for all costs incurred in repair, relocations, or replacement of any cables, conduits, or other services if damaged without proper investigation. PART 2 PRODUCTS NOT USED PART 3 EXECUTION 3.01 EXAMINATION A. Verify field-circuiting arrangements and reconnect as necessary. B. Verify that abandoned wiring and equipment serve only abandoned facilities. Reconnect circuits, as required, to prevent de-energizing of remaining receptacles and lights. C. Demolition drawings are based on casual field observation and existing record documents. Report discrepancies to the owner before disturbing existing installation. D. Beginning of demolition means installer accepts existing conditions. E. Review existing panels to remain in the area of construction. Notify the design team of any damaged circuit breakers or missing closure plates. F. Review existing lighting to remain in the area of construction. Notify the design team of any non-functional lamps, ballasts, or electrical parts. 3.02 PREPARATION A. Disconnect electrical systems in walls, floors, and ceilings scheduled for removal. Disconnect circuits at the source. B. Coordinate utility service outage with local utility company. C. Provide temporary wiring and connections to maintain existing systems in service during construction. When work must be performed on energized equipment or circuits use personnel experienced in such operations. This shall include 600 volt or less systems and low voltage signal circuits. D. Existing Electrical Service: Maintain existing system in service. E. System: Maintain existing system in service. F. Existing Telephone System: Maintain existing system in service. 3.03 DEMOLITION AND EXTENSION OF EXISTING ELECTRICAL WORK A. Demolish and extend existing electrical work under provisions of this section. B. Remove, relocate, and extend existing installations to accommodate new construction. C. Remove abandoned wiring to source of supply. D. Remove exposed abandoned conduit, including abandoned conduit above accessible ceiling finishes. Cut conduit flush with walls and floors and patch surfaces. E. Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. Provide a blank cover for abandoned outlets that have not been removed. F. Disconnect and remove abandoned panelboards and distribution equipment. G. Disconnect and remove electrical devices and equipment serving utilization removed equipment. H. Disconnect and remove abandoned luminaires, brackets, stems, hangers, and other accessories. This contractor shall include in their bid, associated fees for disposal of ballasts and lamps. I. Repair adjacent construction and finishes damaged during demolition and extension work. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 MINOR ELECTRICAL DEMOLITION FOR REMODELING 260090 PRELIMINARY Page 162 of 610 J. Maintain access to existing electrical installations that remain active. Modify installation or provide access panel as appropriate. K. Extend existing installation using materials and methods compatible with existing electrical installations or as specified. L. The electrical contractor is responsible for removal of lamps and ballast from existing fixtures to be demolished. The electrical contractor is to properly dispose of these items in accordance with codes for hazardous materials. 3.04 CLEANING AND REPAIR A. Clean and repair existing materials that remain or are to be reused. B. Panelboards: Clean exposed surfaces and check tightness of electrical connections. Provide typed circuit directory showing revised circuiting arrangement. 3.05 INSTALLATION A. Install relocated materials and equipment. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 MINOR ELECTRICAL DEMOLITION FOR REMODELING 260090 PRELIMINARY Page 163 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 MINOR ELECTRICAL DEMOLITION FOR REMODELING 260090 PRELIMINARY Page 164 of 610 SECTION 26 0519 ELECTRICAL POWER CONDUCTORS AND CABLES PART 1 GENERAL 1.01 SECTION INCLUDES A. Building wire B. Wiring connectors 1.02 RELATED SECTIONS A. Specification Section 26 0553 - Identification for Electrical Systems 1.03 REFERENCES A. NECA Standard of Installation (National Electrical Contractors Association) B. NETA ATS -Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems (International Electrical Testing Association) C. NFPA 70 - National Electrical Code D. Product Data: Provide for each cable assembly type. E. Test Reports: Indicate procedures and values obtained. F. Manufacturer's Installation Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. 1.04 SUBMITTALS A. Project Record Documents: Record actual locations of components and circuits. B. Project Record Documents: Provide documentation of the manufacturer's recommended lug torque value for aluminum conductors, the date the lugs were torqued, and installed torque readings. 1.05 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years experience. 1.06 REGULATORY REQUIREMENTS A. Conform to NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories Inc., as suitable for the purpose specified and indicated. 1.07 PROJECT CONDITIONS A. Verify that field measurements are as indicated. B. Wire and cable routing indicated is approximate unless dimensioned. Include wire and cable lengths within 10 foot of length shown. 1.08 COORDINATION A. Where wire and cable destination is indicated and routing is not shown, determine exact routing and lengths required. PART 2 PRODUCTS 2.01 BUILDING WIRE A. Manufacturers: 1. Okanite 2. Bell/Hubbell#BICC 3. American Insulated Wire 4. General Cable FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 ELECTRICAL POWER CONDUCTORS AND CABLES 260519 PRELIMINARY Page 165 of 610 5. Southwire 6. United Copper Industries 7. Encore Wire Corporation 8. Engineer approved equal. B. Description: Insulated conductor wire. 1. All wire shall be stranded. Refer to Section 26 0553 Identification for Electrical Systems for conductor color requirements. 2. Provide solid wire pigtails at all wiring devices and lighting control devices. C. Conductor: 1. Copper D. Insulation Voltage Rating: 600 volts. E. Insulation: NFPA 70, type#THHN/THWN-2. All cable installation procedures or sizing shall be based on 75 deg C temperature rating. 2.02 WIRING CONNECTORS A. Split Bolt Connectors: 1. Burndy 2. Engineer approved equal. B. Spring Wire Connectors: 1. Thomas & Betts 2. Engineer approved equal. C. Compression Connectors: 1. Burndy 2. Thomas & Betts 3. Engineer approved equal. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that interior of building has been protected from weather. B. Verify that mechanical work likely to damage wire and cable has been completed. C. Verify that raceway installation is complete and supported. 3.02 PREPARATION A. Completely and thoroughly swab raceway over two inch (2") in size or buried below grade before installing wire. 3.03 WIRING METHODS A. Concealed Dry Interior Locations: Use only building wire, type#THHN/THWN-2 insulation in raceway. B. Exposed Dry Interior Locations: Use only building wire, type#THHN/THWN-2 insulation in raceway. C. Above Accessible Ceilings: Use only building wire, type#THHN/THWN-2 insulation in raceway. D. Wet or Damp Interior Locations: Use only building wire, type#THHN/THWN-2 insulation in raceway. E. Exterior Locations: Use only building wire, type#THHN/THWN-2 insulation, in raceway. Use liquid-tight wiring methods. Use liquid-tight connections. F. Underground Installations: Use only building wire, type#THHN/THWN-2 insulation, in raceway. Use liquid-tight wiring methods. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 ELECTRICAL POWER CONDUCTORS AND CABLES 260519 PRELIMINARY Page 166 of 610 G. Interior Installations: Use only building wire, type#THHN/THWN-2 insulation, in raceway. H. Use wiring methods indicated. 3.04 INSTALLATION A. Route wire and cable as required meeting project conditions. B. Install cable in accordance with the NECA"Standard of Installation." C. Use stranded conductors for feeders and branch circuits larger than 12 AWG. D. Use conductors not smaller than 12 AWG for power and lighting circuits. Only pre-manufactured fixture whips are allowed to be 14 AWG. E. Use#10 AWG conductors for 20 ampere, 120 volt branch circuits longer than 75 feet. F. Use#10 AWG conductors for 20 ampere, 208/240 volt branch circuits longer than 200 feet. G. It shall be the responsibility of the electrical contractor to verify all voltage drop and size all wire accordingly. H. Pull all conductors into raceway at same time. I. Use suitable wire pulling lubricant for building wire#4 AWG and larger. J. Protect exposed cable from damage. K. Use suitable cable fittings and connectors. L. Neatly train and lace wiring inside boxes, equipment and panel boards. M. Clean conductor surfaces before installing lugs and connectors. N. Make splices, taps, and terminations to carry full ampacity of conductors with no perceptible temperature rise. O. Use split bolt connectors for copper conductor splices and taps, #6 AWG and larger. Tape non-insulated conductors and connector with electrical tape to 150% of insulation rating of conductor. P. Use solderless pressure connectors with insulating covers for copper conductor splices and taps, #8 AWG and smaller. Q. Use insulated spring wire connectors with plastic caps for copper conductor splices and taps, #10 AWG and smaller. R. Identify and color code wire and cable under provisions of Specification Section 26 0553 - Identification for Electrical Systems. Identify each conductor with its circuit number or other designation indicated. S. Do not install multi-wire branch circuits. No sharing of neutral shall be permitted. T. Install all conductors and make final connections in accordance with all manufacturer's recommendations. U. Circuits indicated as 3-pole and having ECM motor loads shall include a neutral conductor. 3.05 FIELD QUALITY CONTROL A. Perform field inspection and testing. B. Inspect wire and cable for physical damage and proper connection. C. Measure tightness of bolted connections and compare torque measurements with manufacturer's recommended values. D. Verify continuity of each branch circuit conductor. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 ELECTRICAL POWER CONDUCTORS AND CABLES 260519 PRELIMINARY Page 167 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 ELECTRICAL POWER CONDUCTORS AND CABLES 260519 PRELIMINARY Page 168 of 610 SECTION 26 0526 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Mechanical connectors B. Wire 1.02 RELATED SECTIONS A. Specification Section 27 0526 - Grounding and Bonding for Communication Systems 1.03 SUBMITTALS A. Product data and manufacturer's installation instructions for non-approved manufacturers shall be submitted for review prior to the bid date. B. Submittals shall include: 1. Dimensional drawing for each planned device. 2. Exothermic Connection Certification for installers. 1.04 SUMMARY A. Provide all labor, materials, and equipment necessary to properly install a grounding system conductor in all new branch wiring and feeder installations, which shall be in full compliance with all applicable codes as accepted by the authorities having jurisdiction. The secondary distribution system shall include a grounding conductor in all raceways in addition to the return path of the metallic conduit. B. In general, all electrical equipment (metallic conduit, motor frames, panelboards, etc.)shall be bonded together with a green insulated or bare copper system grounding conductor in accordance with specific rules of Article 250 of the NEC and local codes. The bonding conductor through the raceway system shall be continuous from main switch ground bus to panel ground bar of each panelboard, and from panel grounding bar of each panelboard to branch circuit equipment and devices. C. All raceways shall have an insulated copper system ground conductor throughout the entire length of circuit installed within conduit in strict accordance with NEC. The grounding conductor shall be included in total conduit fill determining conduit sizes, even though not included or shown on drawings. All grounding conductors that run with feeders in PVC conduit outside of building shall be bare only. D. Provide and install all grounding and bonding as required by the National Electrical Code (NEC) including but not limited to Article 800 of the NEC. 1.05 REFERENCES A. ANSI/NFPA 70 - National Electrical Code B. NFPA 99 - Health Care Facilities C. The Joint Commission D. Iowa Administrative Code, Chapter 61 E. IEEE 837-2014: Standard for Qualifying Permanent Connections Used in Substation Grounding F. IEEE Emerald Book G. IEEE Green Book 1.06 PROJECT RECORD DOCUMENTS A. Submit record documents to accurately record actual locations of grounding electrodes. B. Submit test results of each ground rod. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 6 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 PRELIMINARY Page 169 of 610 1.07 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. PART 2 PRODUCTS 2.01 MECHANICAL CONNECTORS A. All grounding connectors shall be in accordance with UL 467 and UL listed for use with rods, conductors, reinforcing bars, etc., as appropriate. B. Connectors and devices used in the grounding systems shall be fabricated of copper or bronze materials, and properly applied for their intended use. All connectors and devices shall be compatible with the surfaces being bonded and shall not cause galvanic corrosion by dissimilar metals. C. Lugs: Substantial construction, of cast copper or bronze with "ground" (micro-flat) surfaces, twin clamp, and two-hole tongue equal to Burndy QQA Series. D. Grounding and Bonding Bushings: Malleable iron. 1. Manufacturers: a. Thomas & Betts b. Engineer approved equal. E. Piping Clamps: Burndy GAR-TC Series with a two-hole compression terminal. F. Grounding Screw and Pigtail: Raco#983. G. Building Structural Steel: Thompson #701 Series heavy duty bronze "C" clamp with two-bolt vise-grip cable clamp or equal. H. Mechanical lugs or wire terminals shall be used to bond ground wires together or to junction boxes and panel cabinets. 2.02 WIRE A. Material: Stranded copper. B. Size to meet NFPA 70 requirements as a minimum. Increase size if called for on drawings or in these specifications. C. Insulated THWN (or bare as noted elsewhere). PART 3 EXECUTION 3.01 GENERAL A. Install products in accordance with manufacturer's instructions. B. Install grounding electrodes conductor, bonding conductors, ground rods, etc. with all required accessories. C. Grounding shall meet(or exceed as required to meet these specifications) all the requirements of the N.E.C., the NFPA, and applicable standards of IEEE. D. Where there is a conflict between these specifications and the above applicable codes/standards or between this section of these specifications and other sections, then the most stringent or excessive requirement shall govern. Where there is an omission of a code/standard requirement in these specifications then the current code/standard requirements shall comply. E. Requirement in these specifications to comply with a specific code/standard article, etc. is not to be construed as deleting of requirements of other applicable codes/standards and their articles, etc. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 6 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 PRELIMINARY Page 170 of 610 3.02 GROUNDING CONDUCTORS A. Grounding conductors shall be provided with every circuit to meet(or exceed as required to meet these specifications and/or drawings)the requirements of NEC 250. B. At every voltage level, new portions of the electrical power distribution system shall be grounded with a dedicated copper conductor, which extends from termination back to power source in supply panelboard. C. Provide separate, insulated (bare if with feeder in PVC conduit outside of building) conductor within each feeder and branch circuit raceway. Terminate each end on suitable lug. D. Except as otherwise indicated, each feeder raceway on the load side of the service entrance shall contain a ground conductor sized as indicated and where not shown shall be sized to meet(or exceed as required)these specifications and/or drawings the requirements of NEC 250. The conductor shall be connected to the equipment grounding bus in switchboards and panelboards, to the grounding bus in all motor control centers, and as specified to lighting fixtures, motors, and other types of equipment and outlets. The ground shall be in addition to the metallic raceway and shall be properly connected thereto, using a lug device located within each item enclosure at the point of electric power connections to permit convenient inspection. E. Provide green insulated ground wire for all receptacles and for equipment of all voltages. In addition to grounding strap connection to metallic outlet boxes, a supplemental grounding wire and screw equal to Raco No. 983 shall be provided to connect receptacle ground terminal to the box. F. All motors, all heating coil assemblies, and all building equipment requiring flexible connections shall have a green grounding conductor properly connected to the frames and extending continuously inside conduit with circuit conductors to the supply source bus with accepted connectors regardless of conduit size or type. This shall include food service equipment, laundry equipment, and all other"Equipment By Owner"to which an electric conduit is provided under this Division. 3.03 MAIN ELECTRICAL SERVICE A. Existing Buildings: 1. The electrical contractor shall verify that each building's electrical service is properly grounded as required by the NEC. 2. Provide and install electrical service grounding at each building as called for herein for all existing services that do not comply with the grounding specified above. 3. Supplement existing electrical service grounding at each building as required to comply with all requirements in these specifications. 4. If exterior ground rod electrode does not exist at each buildings main electrical service, provide and install these ground rods as called for main electrical service, exterior of building. B. Complete installation shall meet and exceed the requirements of the NEC 250. C. Artificial electrodes shall be provided for the main service in sufficient number and configuration to secure resistance specified. D. Bond To All Of The Following When Available On Site: 1. Ground Rods. 2. Metal Water Pipe (Interior and Exterior to Building) 3. Building Metal Frame, Structural Steel and/or Reinforced Structural Concrete 4. All Piping Entering or Leaving All Buildings. 5. Provide a main ground, bare copper conductor, sized per applicable table in NEC 250, but in no case less than #2/0, shall be run in conduit from the main switchgear of each building to the building steel in each respective building. Reference NEC 250.104 (c). This ground conductor shall also be run individually from the main switchgear and be FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 6 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 PRELIMINARY Page 171 of 610 bonded to the main water service ahead of any union in pipe and must be metal pipe of length as acceptable by authorities having jurisdiction. Provide properly sized bonding shunt around water meter and/or dielectric unions in the water pipe. E. Ground/bond neutral per NEC 250. F. Provide and install ground bus bar on wall near main service disconnect/switchboard. Connect to ground bar in disconnect/switchboard bonded to switchboard/disconnect enclosure/neutral with copper grounding conductor sized per applicable table in NEC 250. 3.04 MISCELLANEOUS GROUNDING CONNECTIONS A. Provide bonding to meet regulatory requirements. B. Required connections to building steel shall be with UL accepted non-reversible crimp type ground lugs exothermically welded to bus bar that is either exothermically welded or bolted to steel in locations where weld will affect the structural properties of the steel. Required connections to existing building structural steel purlins/i beams shall be with heavy duty bronze "C" clamp with two bolt vise-grip cable clamp. C. Grounding conductors shall be so installed as to permit shortest and most direct path from equipment to ground; be installed in conduit; be bonded to conduit at both ends when conduit is metal; have connections accessible for inspection; and made with accepted solderless connectors brazed or bolted to the equipment or to be grounded; in NO case be a current carrying conductor; have a green jacket unless it is bare copper; be run in conduit with power and branch circuit conductors. The main grounding electrode conductor shall be exothermically welded to ground rods, water pipe, and building steel. D. All surfaces to which grounding connections are made shall be thoroughly cleaned to maximum conductive condition immediately before connections are made thereto. Metal rust proofing shall be removed at grounding contact surfaces, for 0 ohms by digital Vm. Exposed bare metal at the termination point shall be painted. E. All ground connections that are buried or in otherwise inaccessible locations, shall be welded exothermically. The weld shall provide a connection which shall not corrode or loosen and which shall be equal or larger in size than the conductors joined together. The connection shall have the same current carrying capacity as the largest conductor. F. Install ground bushings on all metal conduits entering enclosures where the continuity of grounding is broken between the conduit and enclosure (i.e. metal conduit stub-up into a motor control center enclosure or at ground bus bar). Provide an appropriately sized bond jumper from the ground bushing to the respective equipment ground bus or ground bus bar. G. Install ground bushings on all metal conduits where the continuity of grounding is broken between the conduit and the electrical distribution system (i.e. metal conduit stub-up from wall outlet box to ceiling space. Provide an appropriately sized bond jumper from the ground bushing to the respective equipment ground bus or ground bus bar. H. Each feeder metallic conduit shall be bonded at all discontinuities, including at switchboards and all sub distribution and branch circuit panels with conductors in accordance with applicable table in NEC 250 for parallel return with respective interior grounding conductor. I. Grounding provisions shall include double locknuts on all heavy wall conduits. J. Install grounding bus in all existing panelboards of remodeled areas, for connection of new grounding conductors, connected to an accepted ground point. 3.05 TESTING AND REPORTS A. Raceway Continuity: Metallic raceway system as a component of the facilities ground system shall be tested for electrical continuity. Resistance to ground throughout the system shall not exceed specified limits. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 6 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 PRELIMINARY Page 172 of 610 B. Ground resistance measurements shall be made on each system utilized in the project. The ground resistance measurements shall include building structural steel, driven grounding system, water pipe grounding system and other accepted systems as may be applicable. Ground resistance measurements shall be made in normally dry weather, not less than 24 hours after rainfall, and with the ground under test isolated from other grounds and equipment. Resistances measured shall not exceed specified limits. C. Upon completion of testing, the testing conditions and results shall be certified by the electrical contractor and submitted to the engineer. 3.06 INTERFACE WITH OTHER PRODUCTS A. Interface with communications system installed under other specification sections. 3.07 FIELD QUALITY CONTROL A. Inspect grounding and bonding system conductors and connections for tightness and proper installation. B. Use suitable test instrument with current certificate of calibration to measure resistance to ground of system. Perform testing in accordance with test instrument manufacturer's recommendations using the fall-of-potential method or signal injection method. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 6 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 PRELIMINARY Page 173 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 6 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 260526 PRELIMINARY Page 174 of 610 SECTION 26 0529 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Product requirements B. Formed steel channel 1.02 REFERENCES A. NECA Standard of Installation (National Electrical Contractors Association) B. NFPA 70 - National Electrical Code 1.03 SUBMITTALS A. Product Data: Provide manufacturers catalog data for fastening systems. B. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of products. 1.04 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 PRODUCT REQUIREMENTS A. Materials and Finishes: 1. Corrosion resistant. 2. Select materials, sizes, and types of anchors, fasteners and supports to carry the loads of equipment and conduit, including weight of wire in conduit. B. Anchors and Fasteners: 1. Concrete Structural Elements: Use expansion anchors and preset inserts. 2. Steel Structural Elements: Use beam clamps and welded fasteners. 3. Concrete Surfaces: Use self-drilling anchors and expansion anchors. 4. Hollow Masonry, Plaster, and Gypsum Board Partitions: Use toggle bolts and hollow wall fasteners. 5. Solid Masonry Walls: Use expansion anchors and preset inserts. 6. Sheet Metal: Use sheet metal screws. 2.02 FORMED STEEL CHANNEL A. Manufacturers: 1. Globe Strut 2. Uni-Strut 3. Kindorf 4. Power-Strut 5. Engineer approved equal. B. Description: Galvanized steel. PART 3 EXECUTION 3.01 INSTALLATION A. Install products in accordance with manufacturer's instructions and utility company regulations where applicable. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529 PRELIMINARY Page 175 of 610 B. Provide anchors, fasteners and supports in accordance with NECA"Standard of Installation". 1. Do not fasten supports to pipes, ducts, mechanical equipment, or conduit. 2. Do not use spring steel clips and clamps. 3. Do not use powder-actuated anchors. 4. Do not drill or cut structural members. C. Fabricate supports from structural steel or formed steel members or steel channel. Rigidly weld members or use hexagon-head bolts to present neat appearance with adequate strength and rigidity. Use spring lock washers under all nuts. D. Install surface-mounted cabinets and panelboards with minimum of four anchors. E. Use steel channel supports to stand cabinets and panelboards one inch (1")off wall in all wet and damp locations. F. All pathways and hangers shall be independently hung. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS 260529 PRELIMINARY Page 176 of 610 SECTION 26 0533 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Conduit requirements B. Conduit types C. Box types 1.02 REFERENCES A. ANSI C80.1 - Rigid Steel Conduit, Zinc Coated B. ANSI C80.3 - Electrical Metallic Tubing, Zinc Coated C. ANSI C80.5- Rigid Aluminum Conduit D. ANSI/NEMA FB 1 - Fittings, Cast Metal Boxes, and Conduit Bodies for Conduit and Cable Assemblies E. ANSI/NFPA 70 - National Electrical Code F. NEMA 250 - Enclosures for Electric Equipment G. NEMA WD 6-Wiring Device Configurations H. NEMA RN 1 - Polyvinyl Chloride (PVC) Externally Coated Galvanized Rigid Steel Conduit and Intermediate Metal Conduit I. NECA(National Electrical Contractor's Association) Standard of Installation J. NEMA WD 6-Wiring Device Configurations K. TIA-569-B - Commercial Building Standard for Telecommunications Pathways and Spaces L. NEMA OS 2— Nonmetallic Outlet Boxes, Device Boxes, Covers, and Box Supports; National Electrical Manufacturers Association; 2013 (ANSI/NEMA OS2) M. UL 514C- Nonmetallic Outlet Boxes, Flush-Device Boxes, and Covers; Current Edition, Including All Revisions 1.03 RELATED SECTIONS A. Specification Section 27 0526 - Grounding and Bonding for Communications Systems 1.04 PROJECT RECORD DOCUMENTS A. Accurately record actual routing of conduits larger than two inches. B. Record actual locations and mounting heights of outlet, pull, and junction boxes on project record documents. 1.05 REGULATORY REQUIREMENTS A. Conform to requirements of ANSI/NFPA 70. B. Furnish products listed and classified by Underwriters Laboratories, Inc. as suitable for purpose specified and shown. 1.06 SUBMITTALS A. Product Data: Provide dimensions, knockout sizes and locations, materials, fabrication details, finishes, and accessories. B. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of product. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 177 of 610 1.07 QUALIFICATIONS A. Manufacturer: Company specializing in manufacturing products specified in this section with minimum three years experience. 1.08 DELIVERY, STORAGE,AND HANDLING A. Deliver, store, protect, and handle products to the site. B. Accept products on site. Inspect for damage. C. Protect products from corrosion and entrance of debris by storing above grade. Provide appropriate covering. 1.09 PROJECT CONDITIONS A. Verify that field measurements are as shown on the drawings. B. Verify routing and termination locations of conduit prior to rough in. C. Conduit routing is shown on the drawings in approximate locations unless dimensioned. Route as required completing the wiring system. PART 2 PRODUCTS 2.01 CONDUIT REQUIREMENTS A. Minimum Size: 1/2 inch for power wiring and 1 inch for low voltage wiring unless noted otherwise. B. Size conduit per ANSI/NFPA 70. C. Underground Installations: 1. Within Five Feet(5')from Foundation Wall Including Below Building Slab: Use rigid steel conduit or schedule 40 PVC conduit. 2. More Than Five Feet(5') from Foundation Wall: Use rigid steel conduit or schedule 40 PVC conduit. 3. Where PVC conduit is utilized below slab, provide transition from PVC to rigid steel prior to elbow up and then as continuous rigid conduit through slab. No PVC conduits shall penetrate vertically through concrete slab. 4. Minimum Size: One inch. 5. Provide warning tape. D. Above Grade Outdoor Locations: Use rigid steel and aluminum conduit. Aluminum conduit shall not contact concrete mortar or block. E. Above Grade In or Under Slab: 1. Use rigid steel conduit or schedule 40 PVC conduit. 2. Maximum Size Conduit in Slab: Total of 50% of pour depth. 3. Minimum Size: One inch. 4. Where PVC conduit is utilized below slab, provide transition from PVC to rigid steel prior to elbow up and then as continuous rigid conduit through slab. No PVC conduits shall penetrate vertically through concrete slab. Unless PVC conduit is stalled below bottom-fed ground mounted equipment. PVC conduits may penetrate the slab as long as a box-out is provided in the slab to allow for conduit to pass through. Backfill box-out with pea gravel once conduits have been installed. F. Wet and Damp Locations: 1. Use rigid steel conduit and intermediate metal conduit. G. Dry Locations: 1. Concealed: Use rigid steel conduit, intermediate metal conduit or electrical metallic tubing. 2. Exposed: Use rigid steel conduit, intermediate metal conduit or electrical metallic tubing. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 178 of 610 2.02 CONDUIT TYPES A. Metal Conduit: 1. Rigid Steel Conduit: ANSI C80.1 2. Rigid Aluminum Conduit: ANSI C80.5 3. Intermediate Metal Conduit(IMC): Rigid steel 4. Fittings and Conduit Bodies: ANSI/NEMA FB 1; material to match conduit. B. Flexible Metal Conduit: 1. Description: Interlocked steel construction. 2. Fittings: ANSI/NEMA FB 1. C. Liquidtight Flexible Metal Conduit: 1. Description: Interlocked steel construction with PVC jacket. 2. Fittings: ANSI/NEMA FB 1. D. Electrical Polyvinyl Chloride (PVC): 1. Description: Synthetic Thermoplastic 2. Fittings: NEMA TC3/UL 651 3. Joints: ASTM D2855 solvent weld with ASTM D2564 solvent cement. E. Electrical Metallic Tubing (EMT): 1. Description: ANSI C80.3; galvanized tubing. 2. Fittings and Conduit Bodies: ANSI/NEMA FB 1; [steel compression type with steel lock nut, and ring or] steel setscrew fittings. Install compression type fittings in all wet and damp areas. 3. Fittings and Conduit Bodies: ANSI/NEMA FB 1; steel compression type with steel lock nut, and ring. Steel setscrew fittings are NOT permitted. [UIHC ONLY] F. Fittings and Conduit Bodies: 1. NEMA TC 3 2. Install offsets at surface boxes. 3. Install single hole strap connectors on all exposed conduit one inch (1") and smaller. 2.03 BOX TYPES A. General Requirements: 1. Do not use boxes and associated accessories for applications other than as permitted by NFPA 70 and product listing. 2. Provide all boxes, fittings, supports, and accessories required for a complete raceway system and to accommodate devices and equipment to be installed. 3. Provide a low voltage partition divider plate for applications where low voltage and line voltage circuits share the same outlet box. B. Outlet Boxes: 1. Sheet Metal Outlet Boxes: ANSI/NEMA OS 1, galvanized steel. a. Luminaire and Equipment Supporting Boxes: Rated for weight of equipment supported. Include 1/2 inch male fixture studs where required. b. Concrete Ceiling Boxes: Concrete Type. 2. PVC Molded Construction box: 2 hour fire rating. Captive nails and bracket support. For use with non-metallic sheathed cable. May be used in wood construction on multi-family residential new construction projects only. UL listed. a. Use nonmetallic boxes when exposed rigid PVC conduit is used. b. Nonmetallic Boxes: Comply with NEMA OS 2; and list and label as complying with UL 514C. C. Pull and Junction Boxes: 1. Sheet Metal Boxes: NEMA OS 1 galvanized steel. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 179 of 610 2. Surface Mounted Cast Metal Box: NEMA 250, type#4 and #6, flat-flanged, surface mounted junction box: a. Material: Galvanized cast iron. 3. Cover: Furnish with ground flange, neoprene gasket and stainless steel cover screws. PART 3 EXECUTION 3.01 CONDUIT INSTALLATION A. Install conduit in accordance with NECA"Standard of Installation." B. Arrange supports to prevent misalignment during wiring installation. C. Support conduit using coated steel, malleable iron straps, lay-in adjustable hangers, clevis hangers, and split hangers. D. Group related conduit support using conduit rack. Construct rack using steel channel and provide space on each for 25% additional conduits. E. Fasten conduit supports to building structure and surfaces. F. Do not support conduit with perforated pipe straps. Remove wire used for temporary supports. G. Do not use spring steel clips and clamps for support. H. Do not attach conduit to ceiling support wires. I. Arrange conduit to maintain headroom and present neat appearance. J. Route exposed conduit parallel and perpendicular to walls. K. Route conduit installed above accessible ceilings, parallel and perpendicular to walls. L. Route the conduit in and under slab from point-to-point. M. Do not cross conduits in slab. N. Maintain adequate clearance between conduit and piping. O. Maintain 12 inch clearance between conduit and surfaces with temperatures exceeding 104 degree F. P. Cut conduit square using saw or pipe cutter; de-burr cut ends. Q. Bring conduit to shoulder of fittings; fasten securely. R. Use conduit hubs to fasten conduit to cast boxes. S. A run of conduit shall not contain more than the equivalent of four(4) quarter bends (360 degrees), including those bends located immediately at the outlet or body. Use conduit bodies to make sharp changes in direction (as around beams). Use hydraulic one-shot bender to fabricate bends in metal conduit larger than two inch (2") size. All conduit shall be held right to structure. T. Avoid moisture traps; provide junction box with drain fitting at low points in conduit system. U. Provide suitable fittings to accommodate expansion and deflection where conduit crosses control and expansion joints. V. Provide suitable pull string in each empty conduit except sleeves and nipples. W. Use suitable caps to protect installed conduit against entrance of dirt and moisture. X. Ground and bond all conduits. Y. Identify conduit. Z. Use flexible and liquidtight conduits where required by NEC. AA. Flexible conduit up to six feet(6) in length can be used to connect mechanical equipment with motors, compressors, light fixtures or unless directed by engineer. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 180 of 610 AB. Install insulated bushings on all conduits and sleeves serving low voltage wiring prior to pulling wire unless otherwise noted. AC. Install grounded insulated bushings on all conduits and sleeves serving data wiring prior to pulling wire unless otherwise noted. AD. All low voltage conduits shall be sized to have less than 40%fill. Each penetration through a surface of any kind shall have a conduit sleeve with insulated bushings. AE. Junction boxes shall not be installed over four foot (4') above accessible ceiling without prior written approval by owner. AF. Minimum bend radius for communications conduits: 1. For conduits 2"or less, maintain a minimum bend radius of(6)times the actual inside diameter of the conduit. 2. For conduits greater than 2", maintain a minimum bend radius of(10)times the actual inside diameter of the conduit. AG. Communications conduits shall have no more than two (2) 90 degree bends between pull points and contain no continuous sections longer than 100 feet. Insert pull points or pull boxes for conduits exceeding 100 feet in length. 1. A third bend is acceptable if: a. The total run is not longer than (33)feet. b. The conduit size is increased to the next trade size. AH. No continuous section of conduit may exceed 100 feet. Utilize pull boxes as necessary. Refer to the pull box execution section for more information. Al. All wiring in the same conduit shall be from the same source and have the same voltage except where approved by the owner. AJ. For conduit installed in precast concrete walls or floors, it shall be acceptable to utilize Schedule 40 PVC conduit in lieu of EMT. 3.02 BOX INSTALLATION A. Install boxes in accordance with NECA"Standard of Installation." B. Set wall mounted boxes at elevations to accommodate mounting heights as indicated. C. Electrical boxes are shown on the drawings in approximate locations unless dimensioned. Adjust box location up to ten foot(10') if required to accommodate intended purpose. Verify with architectural drawings and elevations for additional information. D. Orient boxes to accommodate wiring device orientation. E. Maintain headroom and present neat mechanical appearance. F. Install pull boxes and junction boxes above accessible ceilings and in unfinished areas only. Junction boxes shall not be installed over four foot (4') above accessible ceilings. G. Inaccessible Ceiling Areas: Install outlet and junction boxes no more than six inches (6")from ceiling access panel or from removable recessed luminaire. H. Fire-stop boxes to preserve fire resistance rating of partitions and other elements. Boxes may be installed within a minimum of 24 inch separation with written approval prior to installation. I. Align adjacent wall mounted outlet boxes for switches, thermostats, and similar devices. J. Use flush mounting outlet box in finished areas. K. Locate flush mounting box in masonry wall to require cutting of masonry unit corner only. Coordinate masonry cutting to achieve neat opening. L. Do not install flush mounting box back-to-back in wall, provide minimum six inch (6") separation. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 5 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 181 of 610 M. Provide minimum 24 inch separation for receptacles in acoustic rated walls. Provide sound blocking putty where lighting control devices are located in the same stud cavity. N. Secure flush mounting box to interior wall and partition studs. Accurately position to allow for surface finish thickness. O. Install flush mounting box without damaging wall insulation or reducing its effectiveness. P. Use adjustable steel channel fasteners for hung ceiling outlet box. Q. Do not fasten boxes to ceiling support wires. R. Support boxes independently of conduit. S. Use gang box where more than one device is mounted together. Do not use sectional box. T. Use gang box with plaster ring for single device outlets. U. Use cast outlet box in exterior locations exposed to the weather and wet locations. V. Use cast iron floor boxes for installation in slab on-grade, formed steel boxes are acceptable for other installations unless otherwise noted. W. Large Pull Boxes: Use set screw enclosure in interior dry locations, surface-mounted cast metal box in other locations. X. Use stamped steel bridges to fasten flush mounting outlet box between studs. Y. Group devices associated with each other eight inches (8") on center(i.e. receptacle, data, voice outlet). 3.03 PULLBOXES A. Size communications cabling pull boxes according to the following: Conduit Width Length Depth Width Increase Trade Size for Additional Conduit 1.1 4" 16" 3" 2" 1-1/4" 6" 20" 3" 3" 1-1/2" 8" 28" 4" 4" 2" 8" 36" 4" 5" 2-1/2" 10" 42" 5" 6" 3" 12" 48" 5" 6" 4" 16" 60" 8" 6" B. Directional changes within a pullbox shall not be allowed. Conduit entering the box shall have conduit leaving the box from the opposite side. Do not use a pull box to make 90 degree turns. C. Install pullboxes in conveniently accessible locations. D. Where identified on drawings as lockable, key all pullboxes the same. E. Label all pull boxes. Handwritten labels shall not be accepted. 3.04 INTERFACE WITH OTHER PRODUCTS A. Install conduit using materials and method to preserve fire resistance rating of partitions and other elements. B. Piping and Ductwork: Route conduits through roof openings or through suitable roof jack with pitch pocket. Coordinate location with roofing installation specified. C. Coordinate installation of outlet and junction boxes for equipment connection. 3.05 ADJUSTING A. Adjust flush-mounting outlets to make front flush with finished wall material. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 6 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 182 of 610 B. Install knockout closures in unused box openings. C. Adjust floor box flush with finish flooring material. 3.06 CLEANING A. Clean interior of boxes to remove dust, debris, and other material. B. Clean exposed surfaces and restore finish. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 7 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 183 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 8 of 8 RACEWAY AND BOXES FOR ELECTRICAL SYSTEMS 260533 PRELIMINARY Page 184 of 610 SECTION 26 0553 IDENTIFICATION FOR ELECTRICAL SYSTEMS PART 1 GENERAL 1.01 SECTION INCLUDES A. Nameplates and labels B. Wire markers C. Tracer wires D. Identification 1.02 REFERENCES A. NFPA 70 - National Electrical Code B. NFPA 70E - Standard for Electrical Safety in the Workplace 1.03 SUBMITTALS A. Product Data: Provide catalog data for nameplates, labels and markers. B. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of product. 1.04 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 NAMEPLATES AND LABELS A. Nameplates: 1. Normal power: Engraved three-layer laminated plastic white letters on black background. B. Locations: 1. All electrical distribution and control equipment enclosure. a. Panelboards: Line 1 shall state "Panel Name"; Line 2 shall state "Fed by Panel Name" as required by NEC section 408.4(B). C. Letter Size: 1. Use 1/8 inch letters for identifying individual equipment and loads. 2. Use 1/4 inch letters for identifying grouped equipment and loads. D. Labels: Embossed adhesive tape with 3/16 inch white letters on black background. Use only for identification of individual wall switches and receptacles, control device stations, and communication outlets. 2.02 WIRE MARKERS A. Description: Tape feeders to indicate phases. B. Locations: Each conductor at panelboard gutters, pull boxes, outlet and junction boxes, and each load connection. C. Legend: 1. Power and Lighting Circuits: Branch circuit or feeder number indicated. 2. Control Circuits: Control wire number indicated on schematic and interconnection diagrams. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 PRELIMINARY Page 185 of 610 2.03 TRACER WIRES A. The electrical contractor shall provide a solid #10 AWG Tracer wire in each below grade conduit serving the electrical and communication systems. Tracer wires shall be labeled at each location of accessibility. 2.04 IDENTIFICATION A. Identify All Junction Boxes With Appropriate Marker As Follows: 1. 208 Volt System: Black (circuit name and number) B. Write the circuit number of each device inside the device box(not ON the device cover). All receptacles and light switches (new and existing) shall have the final circuit number installed on each device cover with a nylon label. Coordinate exact requirements with the owner prior to installation. C. Temporary label all outlets and switches with circuit numbers. D. Label all outlets and switches with an adhesive label identifying panel and circuit the device is energized by. PART 3 EXECUTION 3.01 PREPARATION A. Degrease and clean surfaces to receive nameplates and labels. 3.02 INSTALLATION A. Install nameplate and label parallel to equipment lines. B. Secure nameplate to equipment front using screws. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 IDENTIFICATION FOR ELECTRICAL SYSTEMS 260553 PRELIMINARY Page 186 of 610 SECTION 26 2717 EQUIPMENT WIRING PART 1 GENERAL 1.01 SECTION INCLUDES A. Cord and caps 1.02 RELATED SECTIONS A. Specification Section 26 0519 - Electrical Power Conductors and Cables B. Specification Section 26 0533 - Raceway and Boxes for Electrical Systems 1.03 REFERENCES A. NEMA WD 1 - General Purpose Wiring Devices B. NEMA WD 6-Wiring Devices- Dimensional Requirements C. NFPA 70 - National Electrical Code D. Product Data: Provide wiring device manufacturers catalog information showing dimensions, configurations, and construction. E. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of product. 1.04 SUBMITTALS A. Product Data: Provide catalog data for nameplates, labels and markers. B. Manufacturer's Instructions: Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. Include instructions for storage, handling, protection, examination, preparation, and installation of product. 1.05 REGULATORY REQUIREMENTS A. Conform to requirements of NFPA 70. B. Products: Listed and classified by Underwriters Laboratories, Inc. as suitable for the purpose specified and indicated. 1.06 COORDINATION A. Obtain and review shop drawings, product data, manufacturer's wiring diagrams and manufacturer's instructions for equipment furnished under other sections. B. Determine connection locations and requirements. C. Sequence rough in of electrical connections to coordinate with installation of equipment. D. Sequence electrical connections to coordinate with start-up of equipment. PART 2 PRODUCTS 2.01 CORDS AND CAPS A. Provide and install, as required, for the installation of equipment for this project. Verify that equipment scheduled for others to provide or install requires installation of cord and caps prior to bidding. B. Attachment Plug Construction: Conform to NEMA WD 1. C. Configuration: NEMA WD 6, match receptacle configuration at outlet provided for equipment. D. Cord Construction: ANSI/NFPA 70, type#SO multi-conductor flexible cord with identified equipment-grounding conductor, suitable for use in damp locations. E. Size: Suitable for connected load of equipment, length of cord and rating of branch circuit over current protection. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 2 EQUIPMENT WIRING 262717 PRELIMINARY Page 187 of 610 PART 3 EXECUTION 3.01 EXAMINATION A. Verify that equipment is ready for electrical connection, wiring, and energization. 3.02 ELECTRICAL CONNECTIONS A. Make electrical connections in accordance with equipment manufacturer's instructions. B. Make conduit connections to equipment using flexible conduit. Use liquid tight flexible conduit with watertight connectors in damp, wet, or sterile locations. C. Make wiring connections using wire and cable with insulation suitable for temperature encountered in heat producing equipment. D. Provide receptacle outlet where connection with attachment plug is indicated. Provide cord and cap where field supplied an attachment plug is indicated. E. Provide suitable strain-relief clamps and fittings for cord connections at outlet boxes and equipment connection boxes. F. Install disconnect switches, controllers, control stations, and control devices as indicated or required by code. G. Provide interconnecting conduit and wiring between devices and equipment where indicated. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 2 EQUIPMENT WIRING 262717 PRELIMINARY Page 188 of 610 SECTION 26 2726 WIRING DEVICES PART 1 GENERAL 1.01 SECTION INCLUDES A. Wall switches B. Wall plates C. Emergency pushbutton 1.02 RELATED REQUIREMENTS A. Specification Section 26 0533 - Raceway and Boxes for Electrical Systems 1.03 REFERENCE STANDARDS A. NECA 1 - Standard Practices for Good Workmanship in Electrical Contracting; National Electrical Contractors Association; 2010 B. NEMA WD 1 - General Color Requirements for Wiring Devices; National Electrical Manufacturers Association; 1999 (R 2005) C. NEMA WD 6-Wiring Device -- Dimensional Requirements; National Electrical Manufacturers Association; 2002 (R 2008) D. NFPA 70 - National Electrical Code; National Fire Protection Association; 2011 E. UL Standard 943 - Standard for Safety for Ground-Fault Circuit Interrupters (GFCls) 1.04 SUBMITTALS A. See Section 01 3000 -Administrative Requirements, for submittal procedures. B. Product Data: Provide manufacturer's catalog information showing dimensions, colors, and configurations. C. Manufacturer's Installation Instructions. 1. Indicate application conditions and limitations of use stipulated by product testing agency specified under Regulatory Requirements. 2. Include instructions for storage, handling, protection, examination, preparation, and installation of product. D. Maintenance Materials: Furnish the following for Owner's use in maintenance of project. 1. See Section 01 6000 - Product Requirements, for additional provisions. 2. Extra Wall Plates: One of each style, size, and finish. 1.05 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. C. Products: Provide products listed and classified by Underwriters Laboratories Inc. as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 WALL SWITCHES A. Description: 1. Heavy Duty, AC only general-use snap switch, complying with NEMA WD 6 and WD 1. 2. Body and Handle: Impact-resistant plastic with toggle handle. Auto-grounding strap. 3. Ratings: Match branch circuit and load characteristics. Default rating is 20A, 120/277V, 1 HP. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 WIRING DEVICES 262726 PRELIMINARY Page 189 of 610 4. Wiring: Back and side wire connections. Accepts#14410 AWG solid and stranded copper conductors. 5. Provide#12 AWG solid pigtails at each device. Splice to building wire within outlet box. 6. Color: Selected during submittal phase. Provide color chart upon request. B. Types: 1. Toggle Switches a. Approved Manufacturers and Models: 1) Pass & Seymour#PS20AC 2) Cooper#2221 3) Hubbell #1221 4) Leviton #1221-2 b. Description: Single pole, double pole, 3-way, and 4-way toggle switches as indicated on plans. 2. Locking Switches a. Approved Manufacturers and Models: 1) Pass & Seymour#PS20AC-L 2) Cooper#2221 L 3) Hubbell #HBL1221-L 4) Leviton #1221-2L b. Description: Single pole, double pole, 3-way, and 4-way locking switches as indicated on plans. Fork-style locking switches. Switches noted as "K" on the plans. 2.02 WALL PLATES A. Standard Cover Plates: 1. Type 302 stainless steel cover plates. Cover plate style to be confirmed during submittal phase. 2. Basis of Design: Pass & Seymour#SS (Metal), to be confirmed during submittal phase. 3. Provide coverplate for all devices and provide multiple gang plates where required. B. Jumbo Cover Plates: 1. Type 302 stainless steel oversize cover plates. Cover plate style to be confirmed during submittal phase. 2. Basis of Design: Pass & Seymour#SSO (Metal)to be confirmed during submittal phase. 3. Provide coverplate for all devices and provide multiple gang plates where required. 4. Provide oversize plates on all masonry rough-ins. Verify with architect prior to work being performed. C. Weatherproof Box& Cover: 1. Basis of Design: Pass &Seymour#WIUC10. a. Description: Heavy-duty polycarbonate NEMA 3R"While-In-Use"weatherproof box and cover. Installed horizontally. b. Complies with NEC Article 406 requirements for wet location covers. c. Provide with plate kits as required. d. Provide multi-gang or deep cover configurations as required for application. e. Cover shall be capable of accepting a standard size padlock. f. Color shall be gray, to be confirmed during submittal phase. g. Indicated by"WP" on plans. 2.03 EMERGENCY PUSHBUTTON A. Yellow indoor/outdoor surface mount turn to reset stopper station with red pushbutton assembly, 120/240V rated, 1 NO + 1 NC contact, ADA compliant, with clear polycarbonate cover suitable for-40 to 250 degrees Fahrenheit, and stainless steel backplate. Provide engraved nameplate above pushbutton that shall read: EMERGENCY POWER OFF. 1. Manufacturers: FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 WIRING DEVICES 262726 PRELIMINARY Page 190 of 610 a. STI SS2271 PO-EN b. Engineer approved equal. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that outlet and switch boxes are installed at proper height. B. Verify that wall openings are neatly cut and will be completely covered by wall plates. C. Verify that branch circuit wiring installation is completed, tested, and ready for connection to wiring devices. 3.02 PREPARATION A. Provide extension rings as needed to bring outlet and switch boxes flush with finished surface. B. Clean debris from outlet and switch boxes prior to device installation. 3.03 INSTALLATION A. Install securely, in a neat and workmanlike manner, as specified in NECA 1. B. Install devices plumb and level. C. Install switches with OFF position down. D. Install receptacles with grounding pole on top. E. Connect wiring device grounding terminal to outlet box with bonding jumper. F. Connect wiring devices by wrapping conductor around screw terminal. G. Use oversize plates for outlets installed in masonry walls. H. Install galvanized steel plates on outlet boxes and junction boxes in unfinished areas, above accessible ceilings, and on surface mounted outlets. I. The feeding of receptacles downstream of GFI receptacles for protection in lieu of providing multiple GFI receptacles is NOT allowed. 3.04 INTERFACE WITH OTHER PRODUCTS A. Coordinate locations of outlet boxes provided under Section 26 0533 to obtain mounting heights specified. B. Install wall switches 48 inches above finished floor. C. Install convenience receptacle 18 inches above finished floor. 3.05 FIELD QUALITY CONTROL A. Perform field inspection, testing, and adjusting in accordance with Section 01 4000. B. Inspect each wiring device for defects. C. Operate each wall switch with circuit energized and verify proper operation. D. Verify that each receptacle device is energized. E. Test each receptacle device for proper polarity. F. Test each GFCI receptacle device for proper operation. 3.06 ADJUSTING A. Adjust devices and wall plates to be flush and level. 3.07 CLEANING A. Clean exposed surfaces to remove splatters and restore finish. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 WIRING DEVICES 262726 PRELIMINARY Page 191 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 WIRING DEVICES 262726 PRELIMINARY Page 192 of 610 SECTION 26 2816 ENCLOSED STARTERS AND SWITCHES PART 1 GENERAL 1.01 SECTION INCLUDES A. Safety switches B. Motor-Rated starters and switches 1.02 RELATED REQUIREMENTS A. Specification Section 26 0529 - Hangers and Supports for Electrical Systems B. Specification Section 26 0553 - Identification for Electrical Systems 1.03 REFERENCE STANDARDS A. NEMA FU 1 - Low Voltage Cartridge Fuses; National Electrical Manufacturers Association B. NEMA KS 1 - Enclosed and Miscellaneous Distribution Equipment Switches (600 Volts Maximum); National Electrical Manufacturers Association C. NETA STD ATS -Acceptance Testing Specifications for Electrical Power Distribution Equipment and Systems; International Electrical Testing Association D. NFPA 70 - National Electrical Code; National Fire Protection Association E. NECA- Standard of Installation (published by the National Electrical Contractors Association) 1.04 SUBMITTALS A. See Section 01 3000 -Administrative Requirements, for submittal procedures. B. Product Data: Provide switch ratings and enclosure dimensions. C. Project Record Documents: Record actual locations of enclosed switches. 1.05 QUALITY ASSURANCE A. Conform to requirements of NFPA 70. B. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience and with service facilities within 100 miles of Project. C. Products: Listed and classified by Underwriters Laboratories Inc. as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2.01 SAFETY SWITCHES A. Manufacturers 1. Square D 2. General Electric 3. Cutler-Hammer 4. Siemens 5. Engineer approved equal. 6. No engineer approved equal. B. Heavy duty safety switches shall be used for all motor loads over 1 HP and all non-motor loads 20 amps and greater. 1. Nonfusible Switch Assemblies: NEMA KS 1, Type HD enclosed load interrupter knife switch. a. Externally operable handle interlocked to prevent opening front cover with switch in ON position. b. Handle lockable in OFF position. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 1 of 4 ENCLOSED STARTERS AND SWITCHES 262816 PRELIMINARY Page 193 of 610 2. Enclosures: NEMA KS 1. a. Interior Dry Locations: Type 1 . b. Exterior Locations: Type 3R. c. Enclosures shall be provided with a method of opening the cover without opening the switch. 3. Enclosure shall include a grounding bar. 2.02 MOTOR-RATED STARTERS AND SWITCHES A. Manufacturers 1. Square D 2. General Electric 3. Cutler-Hammer 4. Siemens 5. Cooper-Bussmann 6. Engineer approved equal. B. Motor-rated starters and switches may be used for all motor loads 1 HP and less and all non-motor loads under 20 amps. 1. Nonfusible Motor-Rated Starter a. Basis of Design: Square D "Type F". b. Description: Fractional horsepower manual starter with melting alloy type thermal overload relay. c. Handle lockable in OFF position. d. Current rating: 16A e. For use with single-phase motors only. f. Provide and install thermal units sized per NEC 430. 2. Nonfusible Motor-Rated Switch a. Basis of Design: Square D "Type K". b. Description: Fractional horsepower manual switch with melting alloy type thermal overload relay. c. Handle lockable in OFF position. d. Current rating: 30A e. For use with single or three phase motors. C. Motor-rated starters may be used for all motor loads 1 HP and greater. 1. Nonfusible Motor-Rated Starter a. Basis of Design: Square D "M Type" b. Description: Integral horsepower manual starter switch with melting alloy type thermal overload with auxiliary contact. c. ON-OFF position d. For use with single-phase or three phase motors or pumps only. e. Provide and install thermal units sized per NEC 430. PART 3 EXECUTION 3.01 INSTALLATION A. Install in accordance with NECA"Standard of Installation." B. Install in accordance with manufacturer's instructions. C. Install plumb and provide in accordance with Specification Section 26 0529 - Hangers and Supports for Electrical Systems. D. Height to be five foot(5')to operating handle. E. Provide adhesive label with white letters on black background for associated equipment. FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 2 of 4 ENCLOSED STARTERS AND SWITCHES 262816 PRELIMINARY Page 194 of 610 F. Apply adhesive tag on inside door of each fused switch indicating NEMA fuse class and size installed. 3.02 FIELD QUALITY CONTROL A. Perform field inspection in accordance with Section 01 4000. B. Inspect and test in accordance with NETA STD ATS, except Section 4. C. Perform inspections and tests listed in NETA STD ATS, Section 7.5.1.2. END OF SECTION FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 3 of 4 ENCLOSED STARTERS AND SWITCHES 262816 PRELIMINARY Page 195 of 610 FY 2021 RIDGEWAY TOWERS BOILER REPLACEMENT CONTRACT NO.2021-1 MODUS#21-003 Page 4 of 4 ENCLOSED STARTERS AND SWITCHES 262816 PRELIMINARY Page 196 of 610 � NQO NO TE: W o VERIFY BUILDING DIMENSIONS FOR ROUGH—IN U J WORK WITH ARCHITECT'S DRAWINGS. o >- co 0 °° 3: O QU7O F � Zco o o (,J 21 rn O u(y) C0 W — z � Q O ^ N W W In WO 2:U) — p LjJ Lo MECHANICAL SYMBOLS LIST ELECTRICAL SYMBOLS LIST NOTE: NOT ALL SYMBOLS SHOWN MAY BE REQUIRED FOR THIS PROJECT NOTE: NOT ALL SYMBOLS SHOWN MAY BE REQUIRED FOR THIS PROJECT O Q O H :� to 0 01 0 (0 PLUMBING WIRING DEVICES SWITCHES — LINE VOLTAGE (120/277V) J DUPLEX WALL RECEPTACLE (REFER TO LIGHTING SEQUENCE OF OPERATION FOR ADDITIONAL INFORMATION) n/ 0 DOMESTIC COLD WATER LINE-CW LL $ SINGLE POLE DOMESTIC HOT WATER LINE-HW DUPLEX WALL RECEPTACLE ABOVE COUNTER BACKSPLASH OR AS INDICATED W Q J (\j DOMESTIC HOT WATER CIRCULATING LINE-HWC 0 DIMMING SWITCH W EI' ^ CD CONDENSATE DRAIN LINE �GFI DUPLEX GROUND FAULT CIRCUIT INTERRUPTER RECEPTACLE 53 3-WAY SWITCH W 0) G NATURAL GAS LINE _QT DUPLEX TAMPER-RESISTANT RECEPTACLE S4 4-WAY SWITCH > (V > O FLOOR DRAIN -t)GFI DUPLEX WEATHERPROOF GROUND FAULT CIRCUIT INTERRUPTER RECEPTACLE WITH COVER S K SINGLE POLE KEYED SWITCH > > ❑O ROOF DRAIN QUADRUPLEX RECEPTACLE DISTRIBUTION QUADRUPLEX RECEPTACLE ABOVE COUNTER BACKSPLASH OR AS INDICATED / SURFACE-MOUNT PANEL DUPLEX CEILING RECEPTACLE HYDRONIC PIPING � JUNCTION BOX � FLUSH-MOUNT PANEL EPO EMERGENCY PUSH BUTTON(GENERATORS/BOILERS) HWS HEATING HOT WATER SUPPLY LINE I-0 ADA PUSH BUTTON(BY OTHERS) MISCELLANEOUS — — —HWR— — — HEATING HOT WATER RETURN LINE EQUIPMENT WIRING EX EXISTING TO REMAIN EXR EXISTING-TO BE RELOCATED 13 DISCONNECTING MEANS ER EXISTING-TO BE REMOVED I�WP WEATHERPROOF DISCONNECTING MEANS �I CONDUIT PIPING SPECIALTIES LSF FUSED DISCONNECTING MEANS SWITCH-LEG IN CONDUIT MS MOTOR STARTER SWITCH WITH INTEGRAL DISCONNECT UC— UNDER GROUND CONDUIT PIPE RISER PIPE DROP EC— EMPTY CONDUIT UNION ® POINT OF NEW CONNECTION E PIPE CAP WP WEATHERPROOF BFP I BACKFLOW PREVENTER AFF ABOVE FINISHED FLOOR FLEXIBLE PIPE CONNECTOR AFG ABOVE FINISH GRADE F T FLOAT&THERMOSTATIC TRAP WM DEVICE ON WIREMOLD WG WIRE GUARD �o THERMOSTATIC TRAP [FS] FIRE STOP STRAINER STRAINER W/DRAIN VALVE J EZPASS-THROUGH OV AIR VENT PRESSURE GAUGE LEE= EXPANSION JOINT GLOBE VALVE BUTTERFLY VALVE BALL VALVE , LUBRICATED PLUG VALVE ,, GATE VALVE MOM O 3WAY CONTROL VALVE r r 2WAY CONTROL VALVE j� CALIBRATED BALANCE VALVE r 0 SWING CHECK VALVE '• ��� _•• ' ' �, s , ^ BALANCING VALVE " u, • ,r r, TRIPLE DUTY VALVE HB HOSE BIBB WH WALL HYDRANT '! E� THERMOMETER �' ,' •- - - 0 TEMPERATURE WELL �� } 4__ P/T PORT L'k�C'I 7 ti 1 MISCELLANEOUS e �• - � Z 0 LW O EXISTING LINE TO REMAIN — _ EXISTING LINE TO BE REMOVED I i POINT OF NEW CONNECTION W EX EXISTING TO REMAIN W� ER EXISTING TO BE REMOVED 4- I Y Q EXR EXISTING TO BE RELOCATED old 4 � ' I PVYI Lf' rw— I 1' T7h ■ a d PPROXIMATE W ' LOCATION OF J W BOILER ROOM M _ O /Q W U) Tr a 0� Q W 3: W O p cn WW W ITE PLAN No Scale 0 � N SHEET INDEX ME001 COVER SHEET w ME002 ME BOILER ROOM u') w LU M_ _I LU PROJECT MANAGER w Z I hereby certify that this engineering document was prepared JAKE CONNOR JCONNOR@MODUS-ENG.COM O by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the MECHANICAL ENGINEER LO State of Iowa. My license renewal date is December 31, 2021. HEIDI MEYER HMEYER@MODUS-ENG.COM N ELECTRICAL ENGINEER Z i DAVID JORDAN O N \� R'°,° CO i DJORDAN@MODUS-ENG.COM O p' V� °°BENS° Jacob R. Connor Date ADATE: ° 22203 ° - O a '` �O SHEET NAME: 000° Pages or sheets covered by this seal: CON S �P°° ��\ _ COVER SHEET S Specifications: Div. 21, 22, 23, 26 ONAL ` Drawings: SEE SHEET INDEX SHEET: M E001 21-037 RIDGEWAY TOWERS BOILER REPLACEMENT Page 197 of 610 � NQ0 NO TE: W O VERIFY BUILDING DIMENSIONS FOR ROUGH—IN U J WORK WITH ARCHITECT'S DRAWINGS. o >- co W Q � 0 °° 3 - O 00 wl w O EXISTING BOILER" _ ~ 0 co _ . DISCONNECTS Z 11r, MAW- 0 w - -- 1u) z LO N BOILER SCHEDULE w O EXISTING PANE ..,; REROUTE ALL LOW THERMAL FLOW MIN/MAX W 0U) - UNIT TYPE MANUFACTURER MODEL FUEL INPUT(MBH) OUTPUT(MBH) EFFICIENCY(%) TURNDOWN (GPM) W.P.D.(FT) AMPS VOLTAGE PHASE w In OLTAGE BOILER BLR-1 THERMAL SOLUTIONS EVA 750 NATURAL GAS 750 623 83 FULL MODULATING 31/62 1.81 FT AT 62 GPM 6 208 3 �, CONTROL CABLING IN MINIMUM 1"CONDUI BLR-1 THERMAL SOLUTIONS EVA 750 NATURAL GAS 750 623 83 FULL MODULATING 31/62 1.81 FT AT 62 GPM 6 208 3 BLR-1 THERMAL SOLUTIONS EVA 750 NATURAL GAS 750 623 83 FULL MODULATING 31/62 1.81 FT AT 62 GPM 6 208 3 0 Q O PROVIDE NEW NAMEPLATE PER THE SPECIFICATIONS.COORDINATE NAMING C (0 NOTES: 0 O O SCHEME WITH OWNER PRIOR TO ORDERING — 1 � C) LO EXISTING TEMP SENSOR ON W Q O N —COLD WATER— EXISTING PIPINGS`T W PUMP SCHEDULE W 0)Q EXISTING PUMP HAND 46 N Q - CAPACITY TOTAL HEAD c0 _• / - • OFF AUTO MOTOR ��.'' UNIT TYPE MANUFACTURER MODEL SYSTEM (GPM) (FT) B.H.P. MOTOR HP RPM VFD EFFICIENCY VOLTAGE PHASE � STARTERS �' i _ ✓ HWP-1 BELL&GOSSETT 1510 1.25BC HEATING 66 55 1.53 2 1750 NO 55.2 208 3 HWP-2 BELL&GOSSETT 1510 1.25BC HEATING 66 55 1.53 2 1750 NO 55.2 208 3 IRE 0 W n NOTES: - LLIP `i 1. PROVIDE PREMIUM EFFICIENT PUMP MOTORS. 2. EXISTING PUMP SEQUENCER SHALL BE USED. J 7 U t w 2 DOMESTIC HOW WATER RECIRC PUMP SCHEDULE W 'I = CAPACITY TOTAL HEAD < U S UNIT TYPE MANUFACTURER MODEL SYSTEM (GPM) (FT) MOTOR HP VOLTAGE PHASE RCP-1 BELL&GOSSETT ECOCIRC DOMESTIC HOT WATER 120 1 Afti NOTES: 1. RECIRC PUMP SHALL BE SUITABLE FOR DOMESTIC WATER USE,HAVE FLANGED CONNECTIONS,INTEGRAL CHECK VALVES,AND STAINLESS STEEL BODY. Y pell,,t_gPjus FIGURE 2: EXISTING TEMP SENSOR LOCATED ON EAST SIDE OF MECHANICAL ROOM. DEMO GENERAL NOTES: Sl1/Z, - - EX EMERGENCY STOP EX OA LOUVER A. DEMOLITION DRAWINGS ARE BASED ON EXISTING AVAILABLE DRAWINGS EX 2"G AND CASUAL FIELD OBSERVATION. MECHANICAL AND ELECTRICAL FIGURE 1: EXISTING PANEL AND ELECTRICAL EQUIPMENT. = I CONTRACTORS SHALL FIELD VERIFY THE SITE AND INCLUDE ALL REQUIRED E 0 EX 4"p EA3 DEMOLITION IN THE BID. EX TEMP (TYP 3) ER BOILER 3 B. REFER TO SPECIFICATIONS AND OTHER SHEETS FOR ADDITIONAL I SENSOR ON — - CONTROLLER _ DEMOLITION REQUIREMENTS. ` EX PUMP SEQUENCER I I HWR R' EX 2"G s ER HWP-1 ER-BLR 1 (TYP 3) C. REMOVE ALL ELECTRICAL CONNECTIONS,WIRING,AND CONDUIT SERVING OALL MECHANICAL EQUIPMENT TO BE REMOVED. ER HWP-2 EX ELECTRICAL D. MAINTAIN FIRE RATINGS OF AFFECTED WALLS AND FLOORS. SERVICE GEARS E. EXISTING MECHANICAL AND ELECTRICAL SYSTEMS LOCATED IN WALLS AND C REROUTE ALL LOW .= O R ER-BLCHASES NOT BEING REMOVED OR REUSED FOR NEW SYSTEMS MAY BE R 1 ABANDONED IN PLACE. CAP AT MAINS OR IN A CONCEALED LOCATION IF ., OLTAGE BOILER CONTROL CABLING IN EX AIR REQUIRED. MINIMUM 1'CONDUI SEPARATOR, UNIT HEATER, R EX MAKE-UP AND EXPANSION ER-BLR 1 ELECTRICAL DEMO REFERENCED NOTES: TANKS 0 5 PANEL BALL VALVE ` EX FD 1. REMOVE EXISTING BOILER AND HEATING HOT WATER PIPING UP TO FIRST 0 (TYP.) (j UNION. REMOVE ASSOCIATED CONDUIT,WIRING,AND CONTROLS. LOW WATER CUT-OFFEX TEMP EXISTING PUMPS AND PIPING HEADERS TO REMAIN AND BE REUSED. NEW H� WATER F3� SENSOR ON BOILERS SHALL BE CONNECTED TO EXISTING NATURAL GAS. DEMO TO EX 0 FLOW SWITCH s HWS EX WATER NATURAL GAS SHUTOFF VALVE. NEW BOILERS SHALL BE CONNECTED TO C) EXISTING TEMP SENSOR ON SOFTENER EXISTING FLUE EXHAUST. DEMO FLUE CONNECTION TO BOILER UP TO THE THERMOMETER AND EX 2-1/2" EXISTING PIPING O AND BRINE FLUE RISER. REFER TO DETAILS. PRESSURE TANKS GAUGE(TYP.) STRAINER z 2. REMOVE EXISTING HOT WATER PUMPS AND PIPING UP TO EXISTING SAFETY RELIEF VALVE - BCP 1,2,OR 3 � �� VALVES. PIPE MAINS AND BRANCH PIPING SERVING AREAS BEYOND THE EX 2"G _ ER DOMESTIC LIMITS OF CONSTRUCTION SHALL REMAIN. REFER TO DETAILS. 0 WATER RECIRC 3. REMOVE EXISTING BOILER CONTROLLER AND REMOVE EXISTING CONTROL EX GAS COCK BOILER L PUMP WIRING TO TEMPERATURE SENSORS IN HYDRONIC PIPING. UNION (TYP.) - 7 O 4. REMOVE EXISTING DOMESTIC WATER RECIRCULATING PUMP. REMOVE L EXISTING 4" ASSOCIATED CONDUIT,WIRING,AND CONTROLS. EXISTING PIPING \ SUPPLY TO _ SYSTEM HEADERS AND VALVES TO REMAIN AND BE REUSED. NEW RECIRC PUMP Lu 0 SHALL BE CONNECTED TO THE EXISTING PIPING. G J BLR 1 5. REMOVE EXISTING WIRE SERVING REMOVED BOILERS COMPLETELY. POT N' BLR-2 FEEDER U BLR-3 HWP-1 BUTTERFLY VALVE HWP 2 VENT FILL L.L FLEX CONNECTOR BUTTERFLY VALVE RETURN TO EX POT AND SUCTION FLEX CONNECTOR EX UNIT BOILER FEEDER I DIFFUSER AND SUCTION HEATER DIFFUSER ; EX EMERGENCY HEADER DRAIN N Z O HOT WATER ISOMETRIC DETAIL O NBOILER ROOM MECHANICAL AND ELECTRICAL DEMO J W 4 No Scale � 1 1/4"= 1'-0" \\ , O / FIGURE 3: EXISTING TEMP SENSOR LOCATED ON WEST SIDE OF MECHANICAL ROOM. W >_ �^ V) GENERAL NOTES: w3: w A. LAYOUT AND ROUTING SHOWN IS DIAGRAMMATIC AND SCHEMATIC IN HWP-1 NATURE. NOT ALL OFFSETS MAY BE SHOWN.CONTRACTOR SHALL VERIFY 208V-3P/15A EXACT ROUTING REQUIRED AND NUMBER OF OFFSETS AND TRANSITIONS. O Q M-1,3,5 EX OA LOUVER EX EX 2"G� B. MAINTAIN SERVICE CLEARANCE IN FRONT OF AND ABOVE ELECTRICAL L5 EQUIPMENT AND ACCESS. DO NOT INSTALL EQUIPMENT IN CLEARANCE HAND OFF AUTO PO O O GENERAL NOTES: � EX 4"o EA 3 NEW BOILER CONTROLLER SPACE. REFER TO EQUIPMENT INSTALLATION AND INSTRUCTIONS. MOTOR STARTER HWP-1 NEW BOILER HWP 1 EX TEMP (TYP 3) - W CONTROLLER A. ALL DISCONNECTS ON MECHANICAL EQUIPMENT SHALL BE SENSOR ON R EX 2"G EX PUMP SEQUENCER MOUNTED ON STRUCTURE TO ALLOW REMOVAL OF THE EX PUMP SEQUENCER O HWR — (TYP 3) ^ BLR-1 EQUIPMENT FOR MAINTENANCE WITH A MINIMUM OF WIRING BLR-1 w WORK.VERIFY NEC CLEARANCE REQUIREMENTS ARE MET PRIOR TO I REFERENCED NOTES: #O w EX ROUGH IN. EX w HWP-2 ELECTRICAL 1. INSTALL NEW BOILERS AND PROVIDE NEW CONNECTIONS FOR NATURAL HWP-2 HWP-2 ELECTRICAL SERVICE B. MAINTAIN SERVICE CLEARANCE AROUND ALL MECHANICAL& O2 - SERVICE GAS,FLUE EXHAUST,HYDRONIC PIPING, POWER,AND CONTROLS. BOILERS 208V 3P/15A GEARS ELECTRICAL EQUIPMENT. DO NOT ROUTE PIPING OR CONDUIT IN R GEARS MUST FIT ON THE EXISTING CONCRETE PAD, 10'-2"X3'-2". REFER TO EX SUPPLY M 2,4,6 O BLR-2 CLEARANCE SPACE. O ❑ DETAILS. ' ^ � 11 I BLR-2 � ^; C. SURFACE RACEWAY SHALL NOT BE USED IN ANY FINISHED AREAS O 7 2. INSTALL NEW HOT WATER PUMPS AND PIPING UP TO EXISTING VALVES. EX RETURN EX EX HAND OFF AUTO WITHOUT PRIOR APPROVAL FROM THE ENGINEER. EX AIR PUMPS AND PIPE CONNECTIONS MUST FIT ON THE EXISTING CONCRETE `V x x MOTOR STARTER SEPARATOR, PAD,6'-6"IN LENGTH. EXISTING PUMPS ARE 31"IN LENGTH. REFER TO EX BUTTERFLY VALVE w EX TRIPLE DUTY VALVE EX TRIPLE DUTY VALVE w EX BUTTERFLY VALVE PA L EXD.D. ALL RECEPTACLE CIRCUITS SHALL HAVE DEDICATED NEUTRALS. UNIT HEATER, EX DETAILS. (VALVE SHALL REMAIN, 1�(VALVE SHALL REMAIN, BLR-X MAKE-UP AND R CONTRACTOR SHALL CONTRACTOR SHALL 208V-3P/15A PANEL"M" ELECTRICAL BLR-3 r� E. INSTALL DEVICES SUCH THAT NO TWO DEVICES ON OPPOSITE EXPANSION BLR-3 3. INSTALL NEW BOILER CONTROLLER AND PROVIDE CONTROL WIRING TO I M-10,12,14 PANEL REMOVE OPERATOR SO REMOVE OPERATOR SO (TYPICAL OF 3) O SIDES OF SAME WALL ARE WITHIN 6"OF EACH OTHER. TANKS O TEMPERATURE SENSORS IN THE HYDRONIC PIPING. CONTROL WIRING IT'S FULLY OPEN)--- PEN) v v IT'S FULLY OPEN) EX FD SHALL BE IN CONDUIT. F. PROVIDE CONDUIT SLEEVES WITH INSULATED BUSHINGS SERVING ALL LOW VOLTAGE CABLING. DO NOT EXCEED 40%FILL. 4. INSTALL NEW DOMESTIC WATER RECIRCULATION PUMP. PROVIDE NEW RCP-1 EX TEMP INSULATION ON EXISTING HYDRONIC PIPING, +/-10'.CONTRACTOR SHALL SENSOR ON EX WATER G. CONTRACTOR SHALL ROUTE ALL LOW VOLTAGE CABLING IN CONFIRM LENGTH OF ADDED INSULATION DURING WALK-THROUGH AND HWS SOFTENER w M-7 MINIMUM 1"CONDUIT. 3 AND BRINE INCLUDE SCOPE IN BID. NEW BUTTERFLY NEW BUTTERFLY NEW BUTTERFLY NEW BUTTERFLY O TANKS VALVE VALVE VALVE VALVE RCP-1 O RCP-1 - Lu w L REFERENCED NOTES: 0 0-100 PSIG MOTOR RATED SWITCH (NOT ALL NOTES MAY BE APPLICABLE TO THIS SHEET) / z PRESSURE GAGE EX WH 1. REWIRE EXISTING EMERGENCY PUSH BUTTONS TO SERVE NEW EX WH v 3: BOILER CONTROL TO SHUT DOWN ALL GAS AND ELECTRIC SERVICES O FLEXIBLE PIPE _ TO THE BOILERS. FURNISH ALL RELAYS FOR CODE COMPLIANT o CONNECTORS(TYP) OPERATION. �� rn P/T PORT(TYP) 2. ELECTRICAL CONTRACTOR SHALL PROVIDE ALL WIRE AND CONDUIT ASSOCIATED WITH THE BOILER CONTROL PANEL.COORDINATE z I z N 1/4"(TYP.) EXACT MOUNTING LOCATION AND ALL REQUIREMENTS WITH O 1 O p REDUCER(TYP) - MECHANICAL CONTRACTOR PRIOR TO INSTALLATION. N _ o 3. CONTRACTOR SHALL REWIRE BOILERS TO EXISTING DISCONNECTS. A DATE: t '� SUCTION DIFFUSER EX WH SEE FIGURE 1 FOR MORE INFORMATION. �'•` Q EX WH G � EX CONCRETE PUMP WITH STRAINER LMP EX 1 C0 N S'` SHEET NAME: BASE _SUPPORT LEG EPO ME BOILER ROOM SHEET: O5 DUPLEX BASE MOUNTED PUMP DETAIL N 3 BOILER ROOM ELECTRICAL N2 BOILER ROOM MECHANICAL M E002 No Scale O 1/4"= 1'-01, 1/4' = 1 -0' 21-037 RIDGEWAY TOWERS BOILER REPLACEMENT Page 198 of 610 CITY OF WATERLOO Council Communication Resolution approving the submission of a grant application to the HUD's Office of Lead Hazard Control and Healthy Homes, for a 36-month grant in the amount of$500,000 for the Older Adult Home Modification Program. City Council Meeting: 5/17/2021 Prepared:4/29/2021 ATTACHMENTS: Description Type ❑ NOFA for Older Adults Home Modification Grant Backup Material Resolution approving the submission of a grant application to the HUD's SUBJECT: Office of Lead Hazard Control and Healthy Homes, for a 36-month grant in the amount of$500.000 for the Older Adult Home Modification Program. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: Approve submission of the grant application. The deadline for the grant is May 18, 2021. The goal of the home modification program is to enable low income elderly homeowners who are at least 62 years of age to remain in their privately Summary Statement: owned primary residence through low cost, low barrier, high impact home modifications that reduce older adults risk of falling, improve general safety, increase accessibility and improve functional abilities in their home. Expenditure Required: This program does not require match or cost sharing. Page 199 of 610 e`'C ME N T OF Pti �Q OG 4 � C 4 � 'fie O U.S. Department of Housing and Urban Development Lead Hazard Control and Healthy Homes Older Adults Home Modification Grant Program FR-6400-N-69 05/18/2021 Page 200 of 610 Table of Contents Overview......................................................................................................................................3 I. FUNDING OPPORTUNITY DESCRIPTION.........................................................................3 A. Program Description. ..............................................................................................................3 B. Authority. ..............................................................................................................................12 II. Award Information................................................................................................................12 A. Available Funds ....................................................................................................................12 B. Number of Awards................................................................................................................12 C. Minimum/Maximum Award Information.............................................................................12 D. Period of Performance...........................................................................................................13 E. Type of Funding Instrument..................................................................................................13 F. Supplementation. ...................................................................................................................13 III. Eligibility Information. ........................................................................................................13 A. Eligible Applicants................................................................................................................13 B. Ineligible Applicants. ............................................................................................................14 C. Cost Sharing or Matching......................................................................................................14 D. Threshold Eligibility Requirements......................................................................................14 E. Statutory and Regulatory Requirements Affecting Eligibility. .............................................15 F. Program-Specific Requirements Affecting Eligibility. .........................................................15 G. Criteria for Beneficiaries.......................................................................................................25 IV. Application and Submission Information............................................................................26 A. Obtaining an Application Package........................................................................................26 B. Content and Form of Application Submission......................................................................27 C. System for Award Management(SAM) and Dun and Bradstreet Universal Numbering System(DUNS)Number. ..........................................................................................................30 D. Application Submission Dates and Times. ...........................................................................30 E. Intergovernmental Review. ...................................................................................................33 F. Funding Restrictions..............................................................................................................33 G. Other Submission Requirements...........................................................................................35 V. Application Review Information...........................................................................................36 A. Review Criteria. ....................................................................................................................36 B. Review and Selection Process...............................................................................................43 VI. Award Administration Information. ....................................................................................44 A. Award Notices.......................................................................................................................44 Page 1 of 55 Page 201 of 610 B. Administrative,National and Department Policy Requirements for HUD recipients ..........45 C. Reporting...............................................................................................................................47 D. Debriefing. ............................................................................................................................47 VII. Agency Contact(s)..............................................................................................................48 VIII. Other Information..............................................................................................................48 APPENDIX................................................................................................................................49 Page 2 of 55 Page 202 of 610 Program Office: Lead Hazard Control and Healthy Homes Funding Opportunity Title: Older Adults Home Modification Grant Program Funding Opportunity Number: FR-6400-N-69 Primary CFDA Number: 14.921 Due Date for Applications: 05/18/2021 Overview The U.S. Department of Housing and Urban Development (HUD) issues this Notice of Funding Availability (NOFA)to invite applications from eligible applicants for the program and purpose described within this NOFA. Prospective applicants should carefully read all instructions in all sections to avoid sending an incomplete or ineligible application. HUD funding is highly competitive. Failure to respond accurately to any submission requirement could result in an incomplete or noncompetitive proposal. During the selection process HUD is prohibited from disclosing 1) information regarding any applicant's relative standing, 2) the amount of assistance requested by an applicant, and 3) any information contained in the application. Prior to the application deadline, HUD may not disclose the identity of any applicant or the number of applicants that have applied for assistance. For Further Information Regarding this NOFA: Please direct questions regarding the specific requirements of this Notice of Funding Availability(NOFA) to the office contact identified in Section VII. OMB Approval Number(s): 2539-0015 I. FUNDING OPPORTUNITY DESCRIPTION. A. Program Description. 1. Purpose The overall purpose of the Older Adult Home Modification Program(OAHMP) is to assist experienced nonprofit organizations, state and local governments, and public housing authorities in undertaking comprehensive programs that make safety and functional home modifications and limited repairs to meet the needs of low-income elderly homeowners. The goal of the home modification program is to enable low-income elderly persons to remain in their homes through low-cost, low barrier, high impact home modifications to reduce older adults' risk of falling, improve general safety, increase accessibility, and to improve their functional abilities in their home. This will enable older adults to remain in their homes, that is, to "age in place,"rather than move to nursing homes or other assisted care facilities. HUD's Office of Lead Hazard Control and Healthy Homes is making available grant funds and Page 3 of 55 Page 203 of 610 training resources to non-federal entities. Under this NOFA, experienced nonprofit organizations, state and local governments, and public housing authorities will deliver home modification services to qualified beneficiaries. As required by the appropriation laws that fund the grants under this NOFA, at least 50 percent of funding under this NOFA will be made available to grantees that serve communities with substantial rural populations, as defined below. The NOFA establishes a program model that incorporates two core concepts: first, as people age, their needs change, and they may need adaptations to their physical environment to live safely at home; second, for any intervention to have the highest impact, the individual's personal goals and needs must be a driver in determining the actual intervention. The OAHMP model focuses on low-cost, high-impact home modifications. Examples of these home modifications include installation of grab bars, railings, and lever-handled doorknobs and faucets, as well as the installation of adaptive equipment, such as temporary ramp, tub/shower transfer bench, handheld shower head, raised toilet seat, risers for chairs and sofas, and non-slip strips for tub/shower or stairs. The OAHMP model primarily relies on the expertise of a licensed Occupational Therapist (OT) to ensure that the home modification addresses the client's specific goals and needs and promotes their full participation in daily life activities. The OT is trained to evaluate clients' functional abilities and the home environment and has knowledge of the range of low-cost, high-impact environmental modifications and adaptive equipment used to optimize the home environment and increase independence. To help maximize the breadth of the program, the OAHMP also supports using licensed OT Assistants and Certified Aging-in-Place Specialists whose work under the grant is overseen by licensed OTs. The OAHMP model also encourages a person-centered approach that motivates and supports older adults as they identify their goals and learn to function safely in their home. Services made available under this NOFA must be for the benefit of eligible low-income homeowners who are at least 62 years old for work in their privately owned primary residence. Because of the vulnerable nature of the persons served, awardees of an OAHMP grant are highly encouraged to ensure that the processes employed to qualify projects for home modifications avoid the potential for project implementation delays. One example of potential delay is enrolling a beneficiary whose home requires modifications beyond what HUD defines as maintenance. Proposed projects involving repair or rehabilitation above the maintenance level require an environmental review by HUD. That environmental review includes consultation with the State Historic Preservation Officer and compliance with other federal environmental requirements listed at 24 CFR §50.4. Project implementation may be delayed 30 to 60 days, pending completion of the environmental review, and approval by HUD. To the greatest extent feasible, awardees of OAHMP should select the home modifications identified in the "maintenance" column of the table in Appendix B, Home Modifications/Repairs. Proposed projects that meet the definition of maintenance will not require an environmental review or approval by HUD, and the grantee may proceed with implementation; see Section VI.B.2. Additional guidance will be provided by HUD,post-award. Background Research has demonstrated that,under certain conditions, home modification can significantly reduce the risk of falling among community-dwelling elderly persons (i.e., adults not living in Page 4 of 55 Page 204 of 610 institutional settings). Pighills, A. et al. (British Journal of Occupational Therapy 79(3). November 2, 2015. hllps:Hdoi.org/l0.1177/0308022615600181) conducted a systematic literature review and concluded that the research demonstrated that high intensity environmental assessment and home modification was clinically effective in preventing falls when conducted with high-risk elderly persons. The authors defined"high intensity" as an assessment that is delivered by an occupational therapist(OT) and"high risk" as adults aged 65 and older with one or more of the following risk factors: one or more falls in the previous year, a recent hospital admission, a chronic health condition, or visual impairment. The authors indicated that the OT- led interventions were likely effective because of the OT's focus on the impact of the environment on an individual's function and their consideration of personal, environmental, and activity-related fall risk factors. Effective fall prevention was not demonstrated from protocols that did not use an OT to conduct the assessment and/or that did not limit the interventions to high-risk adults. In addition, research has also demonstrated that professional assessment and home modification can significantly decrease disability among community-dwelling elderly persons. The Johns Hopkins University School of Nursing developed a program called Community Aging in Place— Advancing Better Living in Elders (CAPABLE)that uses a team that includes an OT, a registered nurse, and a home modifier(i.e., handyman) to conduct an assessment and home modification to improve the functional ability of clients. Researchers conducted a randomized controlled trial with 300 adults aged 65 and older with no cognitive impairment who self- reported difficulty with physical functioning (i.e., activities of daily living (ADL) such as dressing, bathing, walking) or two or more instrumental activities of daily living(IADL) (e.g., shopping, managing medications). Up to 10 home visits were conducted over a 5-month period in the intervention group compared to the control group that received a similar number of social visits by research team members. The OT evaluated a client's functional disability, identified and addressed functional goals, and assessed home safety risks, and oversaw communication with the primary practitioner. The registered nurse assessed a client's pain, depressive symptoms, medication use, strength, and balance. A goal of the intervention was to address functional goals (identified through client interview)by enhancing the client's capacity through use of adaptive equipment and home modification. The intervention group experienced a significant reduction in disability compared to the control group based on improvements in an ADL and/or IADL scoring tool. (See: Szanton, SL, et al. JAMA Internal Medicine. 179(2):204- 211. January 7, 2019. https://doi.org/l0.1001/jamaintemrned.2018.6026.) Applicants to this NOFA should take note of characteristics of the effective home modifications discussed above. Both models used OTs to conduct a person-focused assessment of how the client interacted with his/her environment, and CAPABLE identified the client's goals for improved functioning. An important reason that the interventions were found to be effective is also, likely, the focus on high-risk adults. 2. Changes from Previous NOFA. • Section 1.A.4-Program Definitions-Added a definition for Certified Aging-in-Place Specialist and updated the definitions for Assessment and Structural modifications. Page 5 of 55 Page 205 of 610 • The previous version of the NOFO stated that all modifications must be performed by a licensed contractor. The latest version states that all modifications must be performed by a licensed contractor, or in accordance with your local and state regulations. • The previous version of the NOFO stated that assessments must be conducted by an Occupational Therapist(OT). The latest version of the NOFO states that assessments must be conducted by an OT, a licensed OT Assistant, or a Certified Aging-in-Place Specialist(CAPS)whose work under the grant is overseen by a licensed OT. • The previous NOFO did not address whether the $5,000 cap for unit modification included the salary for the OT, OT Assistant or CAPS. The latest version states that the $5000/unit cap excludes the salary for the Occupational Therapist(OT), licensed OT Assistant, or Certified Aging-in-Place Specialist. • Appendix C has been removed. The previous NOFO included Appendix C which referred to a version of Rating Factor 2 that is not in the NOFO (both by the rating factor's title and contents), thus it was not applicable. • Application deadline changed to May 18, 2021 3. Definitions. a. Standard Definitions Affirmatively Furthering Fair Housing (AFFH). The obligation to affirmatively further the purposes and policies of the Fair Housing Act. Assistance Listings (formerly CFDA) is a directory of the various Federal listings, projects, services and activities offering financial and non-financial assistance and benefits to the American public. An Assistance Listing (CFDA)Number is the unique number assigned to each program, project, service or activity listed in the Catalog of Federal Domestic Assistance (CFDA). Authorized Organization Representative (AOR) is the person authorized to submit applications on behalf of the organization via Grants.gov. The AOR is authorized by the E-Biz point of contact in the System for Award Management. The AOR is listed in item 21 on the SF- 424. Award, as used in this NOFA means a federal grant OR cooperative agreement as specified in Section II.E (Type of Funding Instrument). Consolidated Plan is a document developed by states and local jurisdictions. This plan is completed by engaging in a participatory process to assess their affordable housing and community development needs and market conditions, and to make data-driven,place-based investment decisions with funding from formula grant programs. (See 24 CFR part 91 for more information about the Consolidated Plan and related Action Plan). Contract means a legal instrument by which a non-Federal entity purchases property or services needed to carry out the project or program under a Federal award. The term as used in this NOFA does not include a legal instrument, even if the non-Federal entity considers it a contract, when the substance of the transaction meets the definition of a Federal award or subaward(See 2 CFR 200.22.) Page 6 of 55 Page 206 of 610 Contractor means an entity receiving a contract. Deficiency is information missing or omitted within a submitted application. Examples of deficiencies include missing documents, information on a form, or some other type of unsatisfied information requirement(e.g., an unsigned form, unchecked box.). Depending on specific criteria, deficiencies may be either curable or non-curable. • Curable Deficiency—Applicants may correct a curable deficiency with timely action. To be curable the deficiency must: • Not be a threshold requirement, except for documentation of applicant eligibility; • not influence how an applicant is ranked or scored versus other applicants; and • be remedied within the time frame specified in the notice of deficiency. • Non-Curable Deficiency—An applicant cannot correct a non-curable deficiency after the submission deadline. Non-curable deficiencies are deficiencies that, if corrected, would change an applicant's score or rank versus other applicants. Non-curable deficiencies may result in an application being marked ineligible, or otherwise adversely affect an application's score and final determination. DUNS Number is the nine-digit identification number assigned to a business or organization by Dun&Bradstreet and provides a means of identifying business entities on a location-specific basis. Requests for a DUNS number can be made by visiting the Online DUNS Request Portal. Eligibility requirements are mandatory requirements for an application to be eligible for funding. Grants.gov is the website serving as the Federal government's central portal for searching and applying for federal financial assistance throughout the Federal government. Registration on Grants.gov is required for submission of applications to prospective agencies unless otherwise specified in this NOFA. Non-Federal Entity is a state, local government, Indian tribe, institution of higher education (IHE), or non-profit organization carrying out a Federal award as a recipient or sub recipient. If eligible applicants under the NOFA include for profit entities, this definition of non-federal entity includes for profit entities. Opportunity Zone (OZs) are defined in 26 U.S.C. 1400Z-1. In general, OZs are census tracts located in low-income communities where new investments, under certain conditions, may be eligible for preferential tax treatment. Point of Contact (POC) is the person who may be contacted with questions about the application submitted by the AOR. The POC is listed in item 8F on the SF-424. Promise Zones (PZs) are high poverty communities where the federal government partners with local leaders to increase economic activity, improve educational opportunities, leverage private investment, reduce violent crime, enhance public health and address other priorities identified by the community. Recipient means a non-Federal entity receiving an award directly from HUD to carry out an activity under a HUD program. Page 7 of 55 Page 207 of 610 Subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the recipient. It does not include payments to a contractor or payments to an individual beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. The legal agreement must contain the subrecipient's assurance of compliance with program requirements, including but not limited to nondiscrimination and equal opportunity requirements. Subrecipient is a non-Federal entity receiving a subaward from a pass-through entity to carry out part of a HUD program; but does not include an individual beneficiary of such program. A subrecipient may also receive other Federal awards directly from a Federal awarding agency (including HUD). System for Award Management (SAM), is a U.S. Government system that consolidated the capabilities of Central Contractor Registry (CCR), Excluded Parties List System(EPLS) and the Online Representations and Certifications Application (ORCA). Registration with SAM is required for submission of applications via Grants.gov. You can access the website at https://www.sam.gov/SAM/. There is no cost to use SAM. Threshold Requirements are an eligibility requirement that must be met for an application to be reviewed. Threshold requirements are not curable, except for documentation of applicant eligibility and are listed in Section III.D Threshold Eligibility Requirements. Similarly, there are eligibility requirements under Section III.E, Statutory and Regulatory Requirements Affecting Eligibility. Unique Entity Identifier is a number used to identify a specific commercial, nonprofit, or government entity. SAM states that currently Dun&Bradstreet(D&B) is the designated entity to establish and maintain the DUNS Number as the unique entity identifier required for registration in SAM and further used throughout federal procurement, financial assistance, and financial management systems. Beginning December 2020, the DUNS number will no longer be the official identifier for entities doing business with the government. 4. Program Definitions Accessory Dwelling Unit(ADU) also referred to as accessory apartments, second units, or granny flats, are additional living quarters on single-family lots that are independent of the primary dwelling unit. The separate living spaces are equipped with kitchen and bathroom facilities and can be either attached or detached from the main residence. For more information visit www.huduser.gov/portal/publications/adu.pdf. Activities of Daily Living (ADL) are basic self-care tasks that include for example bathing, dressing, eating, transferring [e.g., getting in and out of chairs], grooming,using the toilet, and walking. This list is not exhaustive. Adaptive equipment is any assistive device or everyday item that enables individuals with functional limitations and special needs to perform Activities of Daily Living and to reduce the Page 8 of 55 Page 208 of 610 risk of falling. The term also means items that do not require puncturing the floor, walls, or ceiling of the home to install and therefore can be installed by an Occupational Therapist or other individual and does not need to be work performed by a licensed, bonded, and insured maintenance/repair person. Examples include shower chairs, non-slip tape, and stick-on motion sensor lights. Assessment is a method for a skilled professional to gather data to use in an evaluation. In this program, assessments of home modification need, and clients' functional capacity are conducted by Occupational Therapists, or licensed OT Assistants and Certified Aging-in-Place Specialists whose work under the grant is overseen by licensed OTs, using standardized assessment tools. Other clinical personnel such as a registered nurse may perform additional assessments. Beneficiary is the individual receiving direct services from the grantee. Also referred to as client. Beneficiaries must meet the eligibility requirements outlined in Section III.G of this NOFA. Client: see beneficiary. Caregiver is the primary person(s) helping to care for the beneficiary in the primary residence. The caregiver may be a professional providing services for a fee or wage, or they may be an informal caregiver, such as a family member or friend. Certified Aging-in-Place Specialist (CAPS) designation program teaches the technical, business management, and customer service skills essential to competing in the home modifications for the aging-in-place segment of the residential remodeling industry. Certified Aging-in-Place Specialists are trained in the unique needs of the older adult population and about, aging-in-place home modifications, common remodeling projects and solutions to common barriers. The credential is offered through the National Association of Home Builders. Cooperative Agreement is a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity as defined in the OMB Uniform Guidance, 2 CFR2& 00.24. The agreement stipulates the program requirements, terms and conditions for the Older Adult Home Modification Program(OAHMP) award. Elderly refers to a person who is 62 years of age or older. Environmental modification or environmental accessibility adaptation are terms used by the Centers for Medicare & Medicaid Services and others to refer to physical adaptations to an individual's primary home or vehicle that enable them to function with greater independence and avoid placement in a nursing home, or reasonably assure their health and welfare. (See, e.g., htt2s:Hdownloads.cros. ovg /crosgov/archived-downloads/SMDL/downloads/smd072500b.pdf, and hgp:Hldh.1a.gov/assets/docs/OAAS/quarterlySCandprovidermeetings/Assessing-for-EAA- 2016.pdf.) Functional Abilities refer to the client's ability to perform activities of daily living (ADLs) and instrumental activities of daily living (IADLs). See Definitions. Page 9 of 55 Page 209 of 610 Grant and grantee, mean, for this program, the OAHMP cooperative agreement and the OAHMP awardee, respectively. Home Modification is a holistic approach to assisting low income elderly persons to "age in place"by supporting their ability to live independently. The process includes an assessment in the home; identification and prioritization of necessary changes to the home environment to make tasks easier and reduce accidents; professional installation and implementation of solutions, including adding special features or removing hazards; and follow-up visits and evaluation. Homeowner is a person living in their primary residence who owns and occupies their residence (owner occupied). Instrumental Activities of Daily Living (IADL) are skills related to independent living which include (but are not limited to) meal planning and preparation, managing finances, shopping for food, clothing, and other essential items, performing essential household chores, communicating by phone or other media, and traveling around and participating in the community. Intervention means the home modification services provided to a beneficiary within a certain defined scope and time period as determined by the grantee. Low-Income has the same meaning provided in section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)(A)) ) [i.e., income does not exceed 80 percent of the median income for an area, as determined by the Secretary]. Manufactured home means a structure, transportable in one or more sections, having the characteristics specified in 24 CFR3280.2 Definitions (hLtps://www.ecfr.gov/cgim bin/retrieveECFR?n=se24.5.3280 12. Mobile home is the term used for homes built in a manufacturing plant prior to June 15, 1976, or, an informal term referring to a dwelling structure built on a steel chassis and fitted with wheels that is intended to be hauled to a usually permanent site (www.merriam- webster.com/diction4ry/mobile%20home),but not necessarily conforming to the HUD Code nor a state or local code. Modular home is any home factory-built to a state or local state code, which may be the same or different from the HUD Code. A modular home can be built as an"on-frame" or"off-frame" modular. The on-frame modular home will be built on a permanent chassis,whereas the off- frame modular home will be built with removal of the chassis frame in mind. Motivational interviewing is a person-centered coaching method that focuses on exploring and resolving ambivalence and centers on motivational processes within the individual to facilitate behavioral change. The intention is to empower clients to make positive behavioral changes to support their goals. Page 10 of 55 Page 210 of 610 Occupational Therapist (OT) is a licensed clinical practitioner who provides client-focused interventions to adapt the environment in order to increase independence, promote health, and prevent further decline or injury. An OT assesses a person's ability to do the things he or she wants and needs to do, and provides personalized recommendations to increase safety, ease, and ability now and in the future. The OT works with the individual to ensure that the recommended changes to the home are consistent with the client's wants and needs, skills, and environment. For the purposes of the OAHMP, to help maximize the breadth of the program, licensed OT Assistants who undertake work to implement the findings of a licensed OT under the licensed OT's oversight, may be used where a provision of the NOFA specifies a requirement to be performed by an OT. (See https://www.aota.org_ Person-centered means that the client's values and preferences guide all aspects of the home modification intervention. Program staff must take the time to understand the client's values and preferences and must allow the client to choose which modifications he or she wants. Primary Residence means a privately owned detached dwelling, townhouse, duplex, triplex, or fourplex, condominium unit, cooperative housing, mobile home, manufactured home, modular home, or accessory dwelling unit, where the owner lives most of the time and which is not rented out during the period from enrollment of the unit through completion of the home modification work in the unit. (For purposes of this program, for a unit to be treated as owner occupied, the housing unit in a condominium("condo") or cooperative housing ("coop") must be the primary residence of the elderly person owner or shareholder.) Secretary means the Secretary of Housing and Urban Development. Social Worker means an individual who possesses a master's or doctor's degree in social work, has performed at least 2 years of supervised clinical social work, and is either licensed or certified as a clinical social worker by the State in which the services are performed, or, if the State does not provide for licensure or certification,has completed at least 2 years or 3,000 hours of post-master's degree supervised clinical social work practice under the supervision of a master's level social worker in an appropriate setting. Standardized assessment is a set of structured questions that elicit client information. The term "standardized"means that the tool has been developed empirically, has adequate norms, definite instructions for administration, and evidence of reliability and validity. Structural modifications are physical changes to the primary residence requiring puncturing walls, ceilings, floors—such as adding grab bars or railings—or involving exterior modifications such as adding ramps. All structural modifications must be performed by a licensed, bonded, and insured residential contractor or in accordance with your local and state regulations . For purposes of this NOFA, functional home modifications may also include structural modifications. Substantial Rural Community is, for this NOFA, the same as a community with a substantial rural population, and is a Census-defined county, county subdivision, or place that is outside of a Census-defined urbanized area for the 2010 Census; see the definition of"urbanized area."For Page 11 of 55 Page 211 of 610 the purpose of this NOFA, a substantial rural community could include an urban cluster, as designated by the Census. Urbanized area is, "[fJor the 2010 Census, a statistical geographic entity consisting of a densely settled core created from census tracts or blocks and contiguous qualifying territory that together have a minimum population of at least 50,000 persons." (Bureau of the Census. Urban Area Criteria for the 2010 Census. 76 Federal Register 53029-53043 at 53043. www.federalre ig ster.gov/d/2011-21647.) The 2010 urbanized areas are listed on Census' national, state-sorted list of all 2010 urbanized areas for the U.S., Puerto Rico, and Island Areas. (The quoted wording and more information is available through the 2010 Census Urban and Rural Classification and Urban Area Criteria webpage.) In determining this designation, applicants must use the Urbanized/ Substantially Rural Designation of Areas Tool developed by HUD (see Appendix A). B.Authority. Authority and funding are provided by the Consolidated Appropriations Act, 2019, approved February 15, 2019 (Public Law 116-6), the Further Consolidated Appropriations Act, 2020, approved December 20, 2019 (Public Law 116-94), and the Consolidated Appropriations Act, 2021, approved December 27, 2020 (Public Law 116-260). II. Award Information. A.Available Funds Funding of approximately$ 30,000,000 is available through this NOFA. Additional funds may become available for award under this NOFA, because of HUD's efforts to recapture funds, use carryover funds, or because of the availability of additional appropriated funds. Use of these funds is subject to statutory constraints. All awards are subject to the funding restrictions contained in this NOFA. • FY 19 $10 Million • FY20 $10 Million • FY21 $10 Million B. Number of Awards. HUD expects to make approximately 30 awards from the funds available under this NOFA. The precise number of awards will depend on the number of eligible proposals received and the estimated need for home modification services based on demographic information in the applicants' proposed target areas. At least 50 percent of funding under this NOFA will be made available to communities with substantial rural populations. A minimum score of 75 points is required for consideration for award. C. Minimum/Maximum Award Information Estimated Total Funding: $ 30,000,000 Page 12 of 55 Page 212 of 610 Minimum Award Amount: $ 500,000 Per Project Period Maximum Award Amount: $ 1,250,000 Per Project Period D. Period of Performance Estimated Project Start Date: 07/19/2021 Estimated Project End Date: 07/19/2024 Length of Project Periods: 36-month project period with three 12-month budget periods Length of Periods Explanation of Other: E. Type of Funding Instrument. Funding Instrument Type: CA(Cooperative Agreement) Funding Instrument Type: Cooperative Agreement Awards will be made as cooperative agreements. Anticipated substantial involvement by HUD staff for cooperative agreements may include but will not be limited to: 1. Review and suggestion of amendments to the program design, including: selection of, and guidance in the use of,partners to encourage awareness of the program and enrollment in it by eligible families and contractors; techniques for addressing needs of older adults in urbanized areas and in rural communities; planning for and implementing collection and analysis of data on the benefits, if any, of the program for the older adults served by the program; collaboration with HUD's Office of Policy Development and Research(PD&R) on that Office's evaluation of the impact of the OAHMP, and any other HUD research on the program, in accordance with section III.F.20, Cooperation with Related Research and Evaluation. 2. Review and provision of recommendations in response to quarterly progress reports and other information provided by the grantee or otherwise obtained by HUD, such as recommending amendments to the grantee's program design and/or implementation based on preliminary results. 3. Review and provision of technical recommendations on the interim and final reports on the benefits, if any, of the program for the older adults served by the program. F. Supplementation. For this NOFA, sub-section "F. Supplementation" is Not Applicable III. Eligibility Information. A. Eligible Applicants. 00 (State governments) O1 (County governments) Page 13 of 55 Page 213 of 610 04 (Special district governments) 02 (City or township governments) 12 (Nonprofits having a 501(c)(3) status with the IRS, other than institutions of higher education) Information on Eligible Applicants Eligible applicants include experienced nonprofit organizations, states and local governments, public housing authorities that have at least 3 years of experience in providing services to elderly persons.Nonprofit organizations are Internal Revenue Service recognized 501(c)(3) organizations. Applicants must satisfy the threshold requirements contained in Section III for their application to be considered. B. Ineligible Applicants. Individuals are not eligible to apply. For-profit organizations, institutions of higher education, and tribes are not eligible to apply. Federal agencies and foreign entities are not eligible to apply. Entities that do not meet the threshold requirements contained in Section III are not eligible to apply. C. Cost Sharing or Matching. This Program does not require cost sharing or matching. D. Threshold Eligibility Requirements. Applicants who fail to meet any of the following threshold eligibility requirements will be deemed ineligible. Applications from ineligible applicants will not be evaluated. 1. Outstanding civil rights matters must be resolved to HUD's satisfaction prior to grant award,provided that all applicable legal processes have been satisfied. 2. Timely Submission of Applications. Applications submitted after the deadline stated within this NOFA that do not meet the requirements of the grace period policy will be marked late. Late applications are ineligible and will not be considered for funding. See Section IV. D. Application Submission Dates and Times. 3. Recipient Eligibility.Applications must provide evidence of the applicant's status as a nonprofit organization, state, local government, or public housing authority by registering in SAM.gov and providing their DUNS number within their application material. a. Nonprofit organizations must submit the following: i. Articles of Incorporation, constitution, or other organizational documents; ii. By-laws; iii. IRS tax exemption ruling (including churches). NOTE: HUD will review your articles of incorporation, constitution,by-laws, or other organizational documents to determine, among other things, that(i) you are an eligible nonprofit entity (ii)your corporate purposes are sufficiently broad to provide you the legal authority to oversee this program and to apply for this award(iii) language is included in the documents Page 14 of 55 Page 214 of 610 stating that no part of the net earnings inures to the benefit of any private party and(iv) that you are not controlled by or under the direction of persons seeking to derive profit or gain therefrom E. Statutory and Regulatory Requirements Affecting Eligibility. Eligibility Requirements for Applicants of HUD's Grants Programs The following requirements affect applicant eligibility. Detailed information on each requirement is posted on HUD's Funding Opportunities Page. • Outstanding Delinquent Federal Debts • Debarments and/or Suspensions • Pre-selection Review of Performance • Sufficiency of Financial Management System • False Statements • Mandatory Disclosure Requirement • Prohibition Against Lobbying Activities • Equal Participation of Faith-Based Organizations in HUD Programs and Activities F. Program-Specific Requirements Affecting Eligibility. In addition to the Threshold Eligibility Requirements under III.D above, the Older Adult Home Modification Program (OAHMP)has the following requirements: 1. Urbanized Area or Substantially Rural Designation: Applicants must designate in their applications the target area for performing home modifications as being an urbanized area and/or substantially rural based on the definitions provided in Section I. section A.4. In determining this designation, applicants must use the Urbanized/ Substantially Rural Designation of Areas Tool developed by HUD (see Appendix A). An application that does not include an urban or rural designation or includes an incorrect one shall be treated as having a curable deficiency(see section IV.D.4, below). 2. Program Performance. Grantees shall take all reasonable steps to complete all activities within the approved period of performance. HUD reserves the right to terminate the cooperative agreement prior to the expiration of the period of performance if the grantee fails to make reasonable progress in implementing the approved program of activities or fails to comply with the terms of the cooperative agreement. If requested, determined to be appropriate, and subsequently approved by HUD, grantees will be eligible to receive a single extension of up to 12 months in length. To facilitate completing all activities within the approved period of performance, if awarded a grant, the applicant is committing to working in the described area and developing a work plan for which the recruitment, assessment, home modification, and evaluation elements are described. 3. OSHA Compliance. The requirements of the Occupational Safety and Health Administration (OSHA) (e.g., 29 CFR parts 1910 and/or 1926, as applicable) or the state or local occupational safety and health regulations, whichever are most stringent, shall be met. 4. Civil Rights. Grantees must comply with all fair housing and civil rights laws. (see Section VI.B of this NOFA). Page 15 of 55 Page 215 of 610 5. Privacy. Submission of any information to databases (whether website, computer,paper, or other format) of addresses of housing units identified and treated under this project is subject to the protections of the Privacy Act of 1974, and shall not include any personal information that could identify any person affected. Grantees should also check to ensure it meets state and local privacy regulations. 6. Economic Opportunities for Low- and Very Low-Income Persons (Section 3). Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) is applicable to grants funded under this program NOFA. The purpose of Section 3 is to ensure that new training, employment and contracting opportunities created during the grant performance period will, to the greatest extent feasible, be directed to low- and very low-income persons,particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons in the area in which the project is located. If the grantee plans to hire any new employees or award contracts to carry out the grant, it must comply with the Section 3 requirements found at 24 CFR 135.32. Additionally, any contractor, subcontractor or sub-grantee receiving contracts under the grant totaling $100,000 or more must also comply with the Section 3 requirements for any new training, hiring or sub-contracting opportunities provided under those contracts. Please refer to 24 CFR part 135, subparts B and E, and to Section l.c. of the General Administrative Requirements and Terms for HUD Financial Assistance Awards, for additional information. 7. Limited English Proficiency (LEP). The Grantees shall take reasonable steps to ensure meaningful access to their program and activities for LEP individuals. 8. Section 504. Section 504 of the Rehabilitation Act of 1973 (Section 504)prohibits discrimination on the basis of disability in federally assisted programs or activities. HUD's Section 504 regulation includes nondiscrimination and equal opportunity requirements. Among other obligations, recipients must provide reasonable accommodations for individuals with disabilities. A reasonable accommodation is a change, modification, exception, alteration, or adaptation in a policy, procedure,practice, program, service, or activity, including a structural modification, that may be necessary to provide a person with a disability an equal opportunity to participate in, or benefit from, a program, service or activity. For example, a grantee may need to permit an individual with a disability to complete the application or follow-up meetings at a different location or in one's home as a reasonable accommodation, or may need to otherwise modify an existing rule in order to accommodate an individual with a disability. In addition, a recipient must ensure effective communication with applicants and beneficiaries with visual, hearing, speech, and other communication-related disabilities. Recipients must provide appropriate auxiliary aids and services necessary to ensure effective communication, which includes ensuring that information is provided in appropriate accessible formats as needed, e.g., Braille, audio, large type, assistive listening devices, sign language interpreters, and accessible electronic communications. Page 16 of 55 Page 216 of 610 Additionally,under Section 504, no qualified individual with disabilities shall be denied the benefits of, excluded from participation in, or otherwise subjected to discrimination under any program or activity receiving HUD funding because a recipient's facilities are inaccessible to or unusable by individuals with disabilities. 24 C.F.R. § 8.20. Recipients are also required to ensure new construction, alterations, and existing facilities are accessible for individuals with disabilities (see "Physical Accessibility" section). For more information, HUD has issued Section 504 Frequently Asked Questions and Answers to provide guidance to HUD recipients. 9. Beneficiary Eligibility Determination. Grantees will establish a process for determining beneficiary/client eligibility. See Beneficiary Eligibility Criteria in Section III.G. 10. Client Referral Network. Grantees must have relationships with organizations in the community that will refer low-income older adults to ensure that the grantee meets its target number of beneficiaries. 11. Scope of Home Modifications. The allowable modifications are defined as low-cost changes to the home environment that are directly related to reducing the risk of falling and improving general safety, accessibility, and functional abilities of the client. The resulting home environment is expected to make tasks easier, reduce accidents, and lengthen the amount of time the client can continue to live in their primary residence. In addition: a. The cost of home modifications per housing unit that is inclusive of labor, contractor services, materials and supplies associated with structural modifications and adaptive equipment, is capped at$5,000. If the cost is expected to be above the capped amount, HUD approval is required prior to contracting for the services for that unit. This capped amount excludes the salary for the Occupational Therapist(OT), licensed OT Assistant, or Certified Aging-in-Place Specialist. b. Grantees are not required to offer all of the modifications listed in the Table of Home Modifications/Repairs in Appendix B; however, they must publish a list of in-scope and out-of-scope modifications as part of their program documentation marketing as well as in the program policy and procedures. 12. Occupant protection and possible temporary relocation a. Occupants shall not be permitted to enter the worksite during home modification activities (unless they are employed in conducting these activities)until after the work has been completed. b. Occupants shall be temporarily relocated during home modification activities to a suitable, decent, safe, and similarly accessible dwelling unit(as noted in HUD's Lead Safe Housing Rule (24 CFR 35.1345(a)(2)), except if: i. the activities are exterior activities only and occupants have safe access to bathroom and kitchen facilities, and, after each day's work, sleeping areas; or ii. the activities include interior activities and: (a). Will be completed within one period of 8 daytime hours, and Page 17 of 55 Page 217 of 610 i. the worksite is contained if hazardous dust or debris could be released into other areas (with occupants'belongings in the contained area moved to a safe and secure area outside of it, or covered with an impermeable covering with seams and edges sealed), and ii. no safety, health or environmental hazards (e.g., exposed live electrical wiring, release of toxic fumes, or on-site disposal of hazardous waste)will be created; or (b). Will be completed within 5 calendar days and i. the worksite is protected as above, and ii. after each day's work, occupants have safe access to sleeping areas and bathroom and kitchen facilities. (c). The OAHMP targets low-income elderly homeowners interested in home modification repairs to enable them to remain in their primary residence. While the relocations of owner occupants for a project receiving funds pursuant to this NOFA generally do not trigger the applicability of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA), 42 U.S.C. 6301 et seq., tenant-occupants who must be temporarily relocated may be entitled to URA benefits and assistance. These benefits and assistance include moving costs and increased housing costs during the relocation. For further guidance, see HUD Handbook 1378, available at: https://www.hud.gov/sites/dfiles/OCHCO/documents/1378CPDH.pdf. (d). OAHMP funds may be used to cover relocation expenses related to OAHMP activities for both owner-occupants and tenant-occupants, regardless of the applicability of the URA. Relocation expenses should include moving costs and increased housing costs during the relocation. 13. Physical Accessibility Requirements. Recipients of funding under this program must comply with Section 504 and HUD's Section 504 regulation. In terms of physical accessibility requirements, the home alterations shall be made accessible upon request of the homeowner. The OT (including, here and below, the OT Assistant)and the person doing any home modifications must consult with the homeowner regarding the specific design features to be provided. If accessibility features selected at the option of the homeowner are covered by Section 504 standards, those features shall comply with the applicable Section 504 standards. Under HUD's Section 504 regulation, the Uniform Federal Accessibility Standards (UFAS) is the prescribed federal architectural standard. HUD also permits recipients to utilize "HUD's Deeming Notice," for purposes of Section 504 compliance. Both are available here: UFAS, https://www.access-board.gov/guidelines-and-standards/buildings-and-sites/about- the-aba-standards/ufas; HUD's Deeming Notice, haps://www.federalre ig ster.gov/documents/2014/05/23/201411844/non discrimination-on-the-basis-of-disability-in-federally-assisted-programs-and-activities. The homeowner is permitted to depart from particular specifications of these standards in order to accommodate his or her specific disability. For example, if the OT and the beneficiary collectively determine to insert grab bars in the bathroom,UFAS includes technical specifications for the placement of such grab bars that may be helpful for the OT and person doing the work to look to as a guidepost,however, the placement of such grab bars can vary from such specifications in order to meet the specific needs of the beneficiary. Title II of the Americans with Disabilities Act (ADA)may also apply and require compliance with additional Page 18 of 55 Page 218 of 610 physical accessibility requirements. Title II of the ADA covers the programs, activities, and services provided by public entities (state and local governments and their instrumentalities and special purpose districts). For more information,please visit the Department of Justice's (DOJ) ADA page, https://www.ada.gov/, and DOJ's Title II implementing regulation at 28 C.F.R. part 35 (Title II). For more information on federal accessibility requirements, please visit HUD's website, hM2s://www.hud.goy/pro rgram_offices/fair housing equal_opp/ph. s�_accessibility. 14. Program Services Model. The minimum requirements of the services to be provided by the Grantee are as follows: a. All services are voluntary for the beneficiary. Consent of the client or legal guardian is required before delivery of services. Grantees are strongly encouraged to work with the client to complete all phases of the program model; however,the client or legal guardian may opt out at any time. b. The home modifications and other services must be designed to improve general safety, improve accessibility, and improve functional abilities of the client to make tasks easier, reduce accidents and the risk of falls, and lengthen the amount of time the client can continue to safely live in their primary residence. c. The Program Services Model shall include the following components: i. Initial Interview and In-Home Assessment conducted by a Licensed Occupational Therapist (OT),or a licensed OT Assistant or Certified Aging-in-Place Specialists whose work under the grant is overseen by a licensed OT. The OT will conduct the initial interview with the client and care takers (if available) in their home and assess the home for safety and hazards, including the client's fall risk, and/or the client's functional abilities with ADLs and IADLs. ii. Work Order by the OT, or a licensed OT Assistant or a Certified Aging-in-Place Specialist whose work under the grant is overseen by a licensed OT. With the client's consent, the OT will prioritize the necessary home modifications and complete a work order and any additional specifications (e.g.,placing tape on walls to indicate position of grab bars). iii. Home Modification Work. The work must be performed by a licensed, or in accordance with local and state regulations, contractor qualified to perform the required work. iv. Follow-up Assessment and Inspection. The OT will conduct an in-home follow-up assessment, accompanied by appropriate education and training for the client in the safe and proper use of adaptive equipment. The OT will also inspect the work of the repair person to ensure that it meets the requirements and complete a work order for any required adjustments. Page 19 of 55 Page 219 of 610 d. At least one standardized assessment tool shall be used to collect information before and after the home modification intervention. At a minimum, the assessment tool(s) shall cover the functional abilities of the client and/or the safety and hazards in the home. (Note: HUD will contract for the evaluation of this program and grantees may be required to use one or more some standard assessment tools as part of the evaluation process). e. The program services shall not be a replacement of home care visits ordered by a provider for a person with specific rehabilitative or skilled nursing needs, such as follow-up from a hospitalization, inpatient rehabilitation, or other acute or skilled post-discharge need. f. If an applicant wishes not to use the Program Services Model described above, the applicant must provide a justification to deviations to the Model described above, and clearly provide a detailed overview of the model they intend to use, and document the validation of why their proposed model is better for its program than the Program Services Model, along with the step-by-step process for accomplishment of the performance goals of all components described in paragraphs c.i. –iv. above. If a grant is awarded, acceptance of the deviations will be at the discretion of HUD. 15. Duplication of Benefits. The grantee shall avoid obvious duplication of Medicare or Medicaid benefits received—such as adaptive equipment already ordered by a medical provider—but neither the grantee nor the beneficiary is required to determine whether Medicare or Medicaid benefits exist for the services or equipment provided under this grant. 16. Structural Modification Direct-Hire/Contractor Requirements. The following requirements apply to all Grantee personnel (staff, contractors)who make structural modifications in a client's home. The personnel: a. Must participate in an onboarding process designed by the grantee before performing work that reflects the program's desired approach to interacting with older adults and their caregivers and families; b. Must be licensed,bonded, and insured in accordance with state and local requirements; c. For mobile homes and manufactured homes, must follow state licensing requirements for repair/modification of mobile homes and manufactured homes, as applicable; and d. Must provide a warranty period acceptable to the grantee for all home modifications (e.g., one year). 17. Reporting Requirements. Grantees must comply with HUD funded evaluations and provide data to HUD on a quarterly basis, as required by the OMB Uniform Guidance at 2 CFR §§ 200.327 and 200.328. 18. Environmental Review. Compliance with 24 CFR part 50 procedures is explained in Section VI.B.17. a. In order to expedite home modifications in accordance with the Congressional directive that this program be "low barrier", activities shall be selected so as to minimize the likelihood and scope of an environmental review(see the table in Page 20 of 55 Page 220 of 610 Appendix B, Home Modifications/Repairs). However,performance of activities that are required to meet the needs of low-income elderly homeowners to enable them to remain in their primary residence (see Section III.F.8, especially, its third paragraph) that may trigger an environmental review are acceptable. When required, as described in Section VI.B.17, the environmental review shall be conducted by HUD under 24 CFR part 50, with the grantee's project decisions (including the project budget in accordance with paragraph 24.c.viii,below)made in accordance with the review results. 19. Addressing the Needs of Vulnerable Population. Grantees must put policies and plans in place that address how to respond when they encounter clients who are highly vulnerable or whose homes are in need of major repairs. See Section V.A. Review Factors. 20. Program Consistency. Grantees shall participate in mandatory training provided by HUD: a. Initial training. This is a one-time training for at least two representatives, including the program manager, about the goals and principles of the grant program, the guidelines, grant requirements,procedures that all the grantees must follow, and the elements that are common across all the grantee programs. The orientation shall be in-person unless HUD makes it virtual out of necessity. b. Annual Program Manager School - Specialized Staff Training. This is training specific to staff roles. Program managers will receive training in grants management, hiring, contracting,procurement, reporting, and other program administration topics. Occupational therapists and maintenance/repair staff may receive training in such topics as how to work with older clients, motivational interviewing techniques, client and home assessments, and creating the home modification work order. The initial training shall be in-person or virtual at HUD's discretion; the trainings after the first shall be virtual. If your grant agreement is not signed prior to the New Grantee Orientation,you will be reimbursed for any reasonable costs you incur to attend the New Grantee Orientation that are allowable in accordance with 2 CFR part 200, especially 2 CFR 200.458 and 2 CFR 200.474. HUD reserves the right to disallow costs that are not reasonable, allowable and allocable in accordance with OMB Cost Principles, 2 CFR part 200, subpart E. In addition, grantees are highly encouraged to participate in any additional training or technical assistance provided through HUD's technical assistance providers. Prior approval by HUD is required. 21. Cooperation with Related Research and Evaluation. Grantees must cooperate fully with any research or evaluation sponsored by HUD or another government agency associated with this grant program, including preservation of project data and records and compiling requested information in formats provided by the researchers, evaluators or HUD. This may include the compiling of certain relevant local demographic, dwelling unit, and participant data not contemplated in the original proposal. Participant data must be subject to the Privacy Rule of the Health Insurance Portability and Accountability Act Page 21 of 55 Page 221 of 610 of 1996 (HIPAA). HIPAA and the Privacy Rule can be found at www.hhs.gov/ocL/privacv/. For the program in this NOFA, HUD does not expect research to be conducted that could affect human subjects. 22. Data Collection. You must collect, maintain, and provide to HUD the data necessary to document and evaluate grant program outputs and outcomes. HUD will contract with an organization to coordinate evaluation activities, including the capturing of outcome data. 23. Sustainability. Grantees must implement a strategy to build community capacity for home modification programs and services that will continue after the grant performance period ends. See Section V.A. Review Factors. 24. Procurement Requirements. All goods and services must be procured through a competitive process. Recipients must follow federal procurement requirements as defined in 2 CFR §§ 200.317—200.326, as applicable. The designation of an entity as a subrecipient or contractor must follow program policies and 2 CFR 200.330. 25. Budget. Recipients must maintain a current account of all allowable costs and activities. Allowable costs shall be in accordance with the cost principles applicable to the organization incurring the costs. Specifically, see, as applicable, 2 CFR 225 - Cost Principles for State, Local, and Indian Tribal Governments, or 2 CFR 230 - Cost Principles for Nonprofit Organizations. Allowable costs include the following: a. Program Operations. Program Operation costs are program implementation, management, and oversight activities that are directly attributable and specifically identified with this grant. All costs must be reasonable and clearly detailed. Examples of costs may include but are not limited to the following: i. Staff and contractor recruitment. ii. Salaries and wages for direct hires or contractors working directly on activities supported by this grant. iii. Fringe benefits for direct hires working directly on activities supported by this grant. Fringe benefits are allowable as a direct cost in proportion to the salary charged to the grant, to the extent that such payments are made under formally established and consistently applied organizational policies. iv. Program marketing/advertising and printing. v. Procurement of materials and supplies for program administration. Materials and supplies are defined as tangible personal property other than equipment, costing less than $5,000. Materials and supplies that are necessary to carry out the project are allowable as prescribed in 2 CFR § 200.453. vi. Local travel. Page 22 of 55 Page 222 of 610 b. Information Technology and IT Services. Costs are directly attributable to tracking service activities and collecting program monitoring data. Examples of such costs may include but are not limited to the following: i. Procurement and maintenance of database and other tools ii. Information technology consulting services c. Client Intake, Assessment, and Reasonable Accommodations. Costs directly attributable to activities that ensure the client's needs and goals are fully understood and that they get the maximum benefit from the program to address their needs and goals. Examples of such costs may include but are not limited to the following: i. Assistance to client in locating proof of eligibility ii. Fees to use standardized assessment tools iii. Occupational therapist services iv. Registered nurse services (only if required by evidence-based model) as described in section I.A.1, Background,which do not include medical treatment. Examples of registered nurse services are assessing a client's goals related to pain, depressive symptoms, medication use, strength, and balance, and facilitating communication with a primary care practitioner. v. Social worker services vi. Translation (Limited English Proficiency) services vii. Development of list of resources to refer the client to, which will address needs outside of the scope of this program viii. Any costs associated with providing a reasonable accommodation for a beneficiary with a disability or a potential beneficiary applying to participate in the program. ix. Any costs associated with ensuring effective communication with applicants and beneficiaries with visual, hearing, speech, and other communication-related disabilities. d. Home Modifications and Adaptive Equipment. Costs that are directly attributable to the implementation of recommended home modifications and adaptive equipment specified by the Occupational Therapist, OT Assistant or Certified Aging in Place Specialist operating under the supervision of the OT based on the interview and assessment of the client and home environment. Examples of such costs may include but are not limited to the following: i. Procurement of equipment associated with the home modification. Equipment means tangible nonexpendable personal property charged directly to the grant, having a useful life of more than one year and an acquisition cost of$5,000 or less; however, procurement of equipment with unit cost in excess of$5,000 is allowable if prior written approval is obtained from HUD. ii. Procurement of adaptive equipment, materials, and supplies associated with the home modification. Materials and supplies are defined as tangible personal property other than equipment, costing less than $5,000. Page 23 of 55 Page 223 of 610 Materials and supplies that are necessary to carry out the project are allowable as prescribed 2 CFR § 200.453. iii. Costs associated with making a specific home modification or adaptive equipment accessible for a beneficiary with a disability. e. Professional Development. Costs directly attributable to activities that are intended to improve the organization's ability to ensure high-quality program outcomes and to share information about the program with industry groups. Examples of such costs may include but are not limited to the following: i. Certification and/or training in aging in place or related areas, including travel costs and training fees ii. Peer group conference registration and travel (requires prior approval by HUD). f. Indirect Costs. Indirect costs are incurred for a common or joint purpose benefiting other programs or activities, and not directly attributable or specifically identified with this grant. Reimbursement is determined by the cognizant agency's negotiated indirect cost rate or if no negotiated rate, the flat 10% de minimis indirect cost rate will be applied. See section IVY. below. Unallowable costs: a. The federal requirements for the determination of allowable and unallowable direct and indirect facilities and administrative costs established under Subpart E, Cost Principles, of OMB's regulations at 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, apply to the grants under this NOFA. b. The procedures of section F.5, Collection of Unallowable Costs and Erroneous Payments, of Appendix VII to Part 200, shall be followed, namely, that costs specifically identified as unallowable and charged to Federal awards either directly or indirectly will be refunded(including interest chargeable in accordance with applicable Federal cognizant agency for indirect costs regulations). 26. Maintenance/Repair Activities. To the greatest extent possible, HUD strongly encourages installation of any adaptive equipment(i.e., assistive device or everyday item) or other home modifications that address IADLs and ADLs that meet the definition of maintenance/Repair; refer to the Maintenance Repair column of the Table of Home Modifications/Repairs in Appendix B. The table is not exhaustive. Maintenance activities, for purposes of making an environmental determination, are defined as those that slow or halt deterioration of a building and do not materially add to its value or adapt it to new uses (i.e., non-residential to residential). General examples of maintenance activities for environmental review purposes are as follows: a. Cleaning activities; b. Protective or preventative measures to keep a building, its systems, and its grounds in working order; c. Replacement of appliances that are not permanently affixed to the building; d. Periodic replacement of a limited number of component parts of a building feature or system that are subject to normal wear and tear; Page 24 of 55 Page 224 of 610 e. Replacement of a damaged or malfunctioning component part of a building feature or system. (Replacement of all or most parts or an entire system is NOT maintenance.) f If the scope and extent of the project do not qualify as maintenance, then the project requires HUD to complete an environmental review and approve the project prior to commitment or expenditure of grant or match funds. 27. Administrative Costs. a. You can utilize up to 10 percent of the federal award for payments of reasonable grant administrative costs related to planning and executing the project, preparation/submission of HUD reports, etc. Administrative costs must be reflected under each appropriate line items (e.g., salaries, fringe, supplies, on the Form HUD_424_C13W) and a detailed cost element breakdown in the budget narrative must be provided. The 10 percent administrative cost cap for this program must include any indirect cost rates placed in the HUD share budget columns, as well as the sum of the budget line items that have inherent administrative costs per OLHCHH Policy Guidance 2015-01, plus any administrative costs of sub recipient organizations (also detailed by budget line item and budget narrative). There are two categories of administrative costs: direct administrative costs and indirect costs. For the purposes of this grant, all direct administrative costs and all indirect costs count towards the 10 percent administrative cost limit. (See Section IV.F, Indirect Cost Rate, for information.) b. Direct Administrative Costs. Direct administrative costs are the reasonable, necessary, allocable, and otherwise allowable costs of general management, oversight, and coordination of the grant(i.e., program administration). Such costs include, but are not necessarily limited to, expenditures for: Salaries, wages, fringe benefits, and related costs of the recipient's staff engaged in program administration that can be specifically identified with the grant. (See OLHCHH Policy Guidance 2012-01 (www.hud.gov/sites/documents/PGI_2012-O1.PDF).) G. Criteria for Beneficiaries. This program has eligibility criteria for beneficiaries. The beneficiary must be: 1. the elderly low-income homeowner of the primary residence where the home modifications will be installed; 2. elderly: at least 62-years of age; 3. low income: family income less than or equal to 80% of local area median income (AMI) (see below). Where the home is owned by two or more individuals, at least one of the owners must meet age criterion 2 above and must live in the residence most of the time. A home owned by one member of a married couple, as recognized by the State, that is the primary residence of either or both members of the couple is eligible if the member(s)residing meet the elderly and low-income beneficiary criteria above. Page 25 of 55 Page 225 of 610 Per-home benefit limits are not multiplied by the number of low-income elderly adults residing in the home. Because the AMI low income determination under criterion 3 above is based on jurisdiction in which the residence is located, family income and family size, (see www.huduser.goy/portal/datasets/il//il20/IncomeLimitsMethodolog_y-FY2O.pdf), the total family income, not just the income of the homeowner(s),will be used to determine the low income eligibility. For 2020, the income limits for low-income households are shown for each part of the country at www.huduser.goy/portal/datasets/il/il20/Section8-IncomeLimits-FY20.docx, and are based on the number of persons in the household. For determining income eligibility in subsequent years, see HUD's Income limits website (as of the publication of this NOFA, at www.huduser.goy/portal/datasets/il.html), which will list the income limits and the income limits methodology for that year. Additional beneficiary criteria: The grantee may impose additional beneficiary criteria. For example: 1. physical condition of the primary residence 2. previous home modification benefits received under this program The grantee must comply with all civil rights and nondiscrimination requirements and ensure that any additional beneficiary criteria do not result in discrimination against any federally protected class. See 24 C.F.R. § 5.105(a). IV. Application and Submission Information. A. Obtaining an Application Package. Instructions for Applicants. You must download both the Application Instructions and the Application Package from Grants.gov. You must verify that the CFDA Number and CFDA Description on the first page of the Application Package, and the Funding Opportunity Title and the Funding Opportunity Number match the Program and NOFA to which you are applying. The Application Package contains the portable document forms (PDFs) available on Grants.gov, such as the SF-424 Family. The Instruction Download contains official copies of the NOFA and forms necessary for a complete application. The Instruction Download may include Microsoft Word, Microsoft Excel and additional documents. An applicant demonstrating good cause may request a waiver from the requirement for electronic submission. For example, a lack of available Internet access in the geographic area in which your business offices are located. Lack of SAM registration or valid DUNS is not good cause. If you cannot submit your application electronically, you must ask in writing for a waiver of the electronic grant submission requirements. HUD will not grant a waiver if HUD does not receive your written request at least 15 days before the application deadline and if you do not Page 26 of 55 Page 226 of 610 demonstrate good cause. An email request for a waiver received by HUD 15 days before the application is due will also be considered. If HUD waives the requirement, HUD must receive your paper application before the deadline of this NOFA. To request a waiver you must contact: Name: Yolanda Brown Email: Yolanda.A.Brown@hud.gov HUD Organization: OLHCHH Street: 451 7th Street SW, Room 8236 City: Washington State: DC DISTRICT OF COLUMBIA Zip: 20410 B. Content and Form of Application Submission. You must verify that boxes 11, 12, and 13 on the SF-424 match the NOFA for which you are applying. If they do not match, you have downloaded the wrong Application Instruction and Application Package. Submission of an application that is otherwise sufficient, under the wrong CFDA and Funding Opportunity Number is a curable deficiency. 1. Content. Forms/Assurances/Certifications Submission Notes/Description Requirement Submission is required for Application for Federal Assistance all applicants (SF424) by the application due date. HUD will If any funds have been paid or will be provide paid to any person for influencing or Disclosure of Lobbying Activities instructions to attempting to influence an officer or (SFLLL), if applicable grantees on employee of any agency, a Member of how the form Congress, an officer or employee of is to be Congress, or an employee of a Member submitted. of Congress in connection with this Page 27 of 55 Page 227 of 610 Forms/Assurances/Certifications Submission Notes/Description Requirement commitment providing for the United States to insure or guarantee a loan, the applicant shall complete and submit the SF-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Applicants must furnish an executed copy of the Certification Regarding Lobbying prior to award. HUD will HUD Applicant Recipient provide HUD instructions to grantees are Disclosure Report(HUD) 2880 instructions to provided by webcast, To view the Applicant/Recipient grantees on webcast, click here. Disclosure/Update Report how the form is to be submitted. HUD 2996 Opportunities Zone OZ Form is available as part of the Certification Certification Application Package download Additionally,your complete application must include the following narratives and non-form attachments. Application Process and Forms a. Applications: These items include the standard forms that are applicable to this funding announcement (collectively referred to as the "standard forms"). Copies of these forms are available online at www.grants.gov/web/grants/applicants/apply-for-grants.html. The required items are: • Application Abstract(one-page maximum). An abstract that provides a detailed description of the program and should include, at a minimum, the program approach, partner organizations, target population/community, intake/referral process, the organization's previous relevant experience, , and the expected number of units to be modified and the number of beneficiaries served. • Information contained in the abstract will not be considered in the evaluation and scoring of your application and will not be counted towards the 15-page maximum. Any information you wish to be considered in scoring of the application must be provided under the appropriate rating factor response. • Response to Rating Factors. A project description/narrative statement addressing the rating factors for award, which are identified in section V.A.I.b. The narrative statement must be identified in accordance with each factor for award (Rating Factors 1-,3, and 3). Page 28 of 55 Page 228 of 610 The full application must be formatted as per section IV.B.2.b. The project description or narrative must be included in the responses to the rating factors. Any description// narrative in excess of this limit will not be read. The points you receive for each rating factor will be based on the portion of your narrative statement that you submit in response to that particular factor, supplemented by any appendices that are referenced in your narrative response to the rating factor. Supporting materials that are not referenced or discussed in your responses to the individual rating factors will not be considered. Additional materials (e.g., appendices) can be submitted with your application. The footer on the pages of these materials should identify the rating factor that they are supporting. • Supporting Materials. Include, as appendices the following materials that are needed to support your responses to the rating factors. These will not be counted towards the Rating Factors narrative's 15-page limit: o The completed table from Appendix A, Urbanized/ Substantially Rural Designation of Areas, including whether the application is for servicing an "Urbanized"target area location or a"Substantially Rural" one, based on the instructions in Appendix A. o The resumes of key personnel. Each resume shall not exceed three pages and is limited to information that is relevant in assessing the qualifications and experience of key personnel to conduct and/or manage the proposed technical study. o Organizational chart. o Letters of commitment. o List of references cited in your responses to the rating factors. • Additional Information. Any additional, optional materials, must not exceed 10 pages. Any pages in excess of this limit will not be read. The additional information should not be a continuation of the rating factor narrative but provide further clarification if needed, of statements made in the rating factor narrative. Additional information that is a continuation of rating factor narrative will not be considered. • Budget. Include a total budget using form HUD424CBW (https://www.hudexchange.info/resource/304/hud-form-424cbwincluded in the Instructions download at Grants.gov, with supporting cost justification of up to four pages,which will cover all budget categories of the federal grant request. This information will not be counted towards the Rating Factors narrative 15-page limit. Use the budget format discussed in Rating Factor(3), Section V.A.Lb below. In completing the budget forms and justification, you should address the following elements: o Direct Labor costs, including all full- and part-time staff required for the planning and implementation phases of the project. These costs should be based on full time equivalent(FTE) or hours per year(hours/year) (i.e., one FTE equals 2,080 hours/year); o Allowance for two trips to HUD Headquarters in Washington, DC, during the period of performance of your grant, planning each trip for 1-2 people, as needed. In planning your trips, you should assume one or two overnight stays depending on your location; Page 29 of 55 Page 229 of 610 o A separate budget form and justification for each sub-recipient receiving more than 10 percent of the total federal budget request; Supporting documentation for salaries and prices of materials and equipment,upon request. 2. Format and Form. Narratives and other attachments to your application must follow the following format guidelines. a. Full Application: Fifteen(15) 8-1/2 x I I-inch page limit. Number the pages of the narrative. Minimum 12-point Times New Roman font. Minimum margin width of 1-inch on all sides Minimum of single line spacing C. System for Award Management(SAM) and Dun and Bradstreet Universal Numbering System (DUNS) Number. 1. SAM Registration Requirement. Applicants must be registered with https://www.sam.gov/SAM before submitting their application. In addition, Applicants must maintain an active SAM registration with current information while they have an active Federal award or an application or plan under consideration by HUD. 2. DUNS Number Requirement. Applicants must provide a valid DUNS number, registered and active at https://www.sam.gov/SAM, in the application. DUNS numbers may be obtained for free from Dun&Bradstreet. 3. Requirement to Register with Grants.gov. Anyone planning to submit applications on behalf of an organization must register at grants.gov and be approved by the EBiz POC in SAM to submit applications for the organization. Registration for SAM and grants.gov is a multi-step process and can take four(4)weeks or longer to complete if data issues arise. Applicants without a valid registration cannot apply through grants.gov. Complete registration instructions and guidance are provided on grants.gov. D.Application Submission Dates and Times. Application Due Date Explanation The application deadline is 11:59:59 pm Eastern Standard time on 05/18/2021 Applications must be received no later than the deadline. Submit your application to Grants.gov unless a waiver has been issued allowing you to submit your application in paper form. Instructions for submitting your paper application will be contained in the waiver of electronic submission. "Received by Grants.gov" means the applicant received a confirmation of receipt and an application tracking number from Grants.gov. Grants.gov then assigns an application tracking Page 30 of 55 Page 230 of 610 number and date-and timestamps each application upon successful receipt by the Grants.gov system. A submission attempt not resulting in confirmation of receipt and an application tracking number is not considered received by Grants.gov. Applications received by Grants.gov must be validated by Grants.gov to be received by HUD. "Validated by Grants.gov" means the application has been accepted and was not rejected with errors. You can track the status of your application by logging into Grants.gov, selecting "Applicants" from the top navigation, and selecting "Track my application" from the dropdown list. If the application status is "rejected with errors,"you must correct the error(s) and resubmit the application before the 24-hour grace period ends. Applications in"rejected with errors" status after the 24-hour grace period expires will not be received by HUD. Visit Grants.gov for a complete description of processing steps after applying. HUD strongly recommends applications be submitted at least 48 hours before the deadline and during regular business hours to allow enough time to correct errors or overcome other problems. You can verify the contents of your submitted application to confirm Grants.gov received everything you intended to submit. To verify the contents of your submitted application: • Log in to Grants.gov. • Click the Check Application Status link,which appears under the Grant Applications heading in the Applicant Center page. This will take you to the Check Application Status page. • Enter search criteria and a date range to narrow your search results. • Click the Search button. To review your search results in Microsoft Excel, click the Export Data button. • Review the Status column, to view more detailed submission information, click the Details link in the Actions column. • To download the submitted application, click the Download link in the Actions column. Please make note of the Grants.gov tracking number as it will be needed by the Grants.gov Help Desk if you seek their assistance. HUD may extend the application deadline for any program if Grants.gov is offline or not available to applicants for at least 24 hours immediately prior to the deadline date, or the system is down for 24 hours or longer and impacts the ability of applicants to cure a submission deficiency within the grace period. HUD may also extend the application deadline upon request if there is a presidentially declared disaster in the applicant's area. If these events occur, HUD will post a notice on its website establishing the new, extended deadline for the affected applicants. HUD will also include the fact of the extension in the program's Notice of Funding Awards required to be published in the Federal Register. In determining whether to grant a request for an extension based on a presidentially-declared Page 31 of 55 Page 231 of 610 disaster, HUD will consider the totality of the circumstances including the date of an applicant's extension request(how closely it followed the basis for the extension), whether other applicants in the geographic area are similarly affected by the disaster, and how quickly power or services are restored to enable the applicant to submit its application. PLEASE NOTE: Busy servers, slow processing, large file sizes, improper registration or password issues are not valid circumstances to extend the deadline dates or the grace period. 1. Amending or Resubmitting an Application. Before the submission deadline, you may amend a validated application through Grants.gov by resubmitting a revised application containing the new or changed material. The resubmitted application must be received and validated by Grants.gov by the applicable deadline. If HUD receives an original and a revised application for a single proposal, HUD will evaluate only the last submission received by Grants.gov before the deadline. 2. Grace Period for Grants.gov Submissions. If your application is received by Grants.gov before the deadline, but is rejected with errors, you have a grace period of 24 hours after the application deadline to submit a corrected, received, and validated application through Grants.gov. The date and time stamp on the Grants.gov system determines the application receipt time. Any application submitted during the grace period not received and validated by Grants.gov will not be considered for funding. There is no grace period for paper applications. 3. Late Applications. An application received after the NOFA deadline date that does not meet the Grace Period requirements will be marked late and will not be received by HUD for funding consideration. Improper or expired registration and password issues are not causes that allow HUD to accept applications after the deadline. 4. Corrections to Deficient Applications. HUD will not consider information from applicants after the application deadline. Before the deadline, HUD may contact the applicant to clarify information submitted. HUD will uniformly notify applicants of each curable deficiency. A curable deficiency is an error or oversight that, if corrected, would not alter, in a positive or negative fashion, the review and rating of the application. See curable deficiency in the definitions section (Section I.A.3.). Examples of curable (correctable) deficiencies include inconsistencies in the funding request and failure to submit required certifications. These examples are non-exhaustive. When HUD identifies a curable deficiency, HUD will notify the authorized representative by email. This email is the official notification of a curable deficiency. Each applicant must provide accurate email addresses for receipt of these notifications and must monitor their email accounts to determine whether a deficiency notification has been received. The applicant must carefully review the request to cure a deficiency and must provide the response in accordance with the instructions contained in the deficiency notification. Page 32 of 55 Page 232 of 610 Applicants must email corrections of curable deficiencies to applicationsupportghud.gov within the time limits specified in the notification. The time allowed to correct deficiencies will be no less than 48 hours and no more than 14 calendar days from the date of the email notification. The start of the cure period will be the date stamp on the email sent from HUD. If the deficiency cure deadline date falls on a Saturday, Sunday, Federal holiday, or on a day when HUD's Headquarters are closed, then the applicant's correction must be received on the next business day HUD Headquarters offices in Washington, DC are open. The subject line of the email sent to applicationsupportghud.gov must state: Technical Cure and include the Grants.gov application tracking number or the GrantSolutions application number (e.g., Subject: Technical Cure - GRANT123456 or Technical Cure - XXXXXXXXXXX). If this information is not included, HUD cannot match the response with the application under review and the application may be rejected due to the deficiency. Corrections to a paper application must be sent in accordance with and to the address indicated in the notification of deficiency. HUD will treat a paper application submitted in accordance with a waiver of electronic application containing the wrong DUNS number as having a curable deficiency. Failure to correct the deficiency and meet the requirement to have a DUNS number and active registration in SAM will render the application ineligible for funding. 5. Authoritative Versions of HUD NOFAs. The version of these NOFAs as posted on Grants.gov are the official documents HUD uses to solicit applications. 6. Exemptions. Parties that believe the requirements of the NOFA would impose a substantial burden on the exercise of their religion should seek an exemption under the Religious Freedom Restoration Act(RFRA). E. Intergovernmental Review. This program is subject to Executive Order 12372, Intergovernmental Review of Federal Programs. Executive Order 12372 allows each state to designate an entity to perform a state review function. To determine if your state has designated a State Point of Contact(SPDC), please see the SPOC List at OMB. States not listed on the website have chosen not to participate in the intergovernmental review process and, therefore, do not have a SPDC. If your state has a SPDC, you should contact the SPOC to see if that person/office is interested in reviewing your application before you submit it to HUD. F. Funding Restrictions. 1. Complete or gut rehabilitation, demolition of housing units, and demolition of detached buildings is not allowed. 2. Any work on a housing unit that is not a-primary residence is not allowed. 3. Any work in rental housing units is not allowed. 4. Any work in tribally owned housing units is not allowed. 5. Purchase or Rental of Real Property. The purchase or rental of real property is not an allowable cost under this program. Page 33 of 55 Page 233 of 610 6. Purchase or Lease of Equipment. The purchase or lease of equipment having a per unit cost in excess of$5,000 is not an allowable cost unless prior written approval is obtained from HUD. 7. Medical Treatment. Medical treatment costs are not allowable under this program. The cost of services delivered by a registered nurse are allowable as a component of an evidence-based model. 8. You must comply with the Coastal Barrier Resources Act(16 U.S.C. § 3501 et seq.). 9. You may not conduct construction, reconstruction, repair or improvement(as referenced in Section 3(a)(4) of the Flood Disaster Protection Act of 1973 (42 U.S.C. §§ 4001- 4128)) of a building or mobile home which is located in an area identified by the Federal Emergency Management Agency(FEMA) as having special flood hazards unless: a. The community in which the area is situated is participating in the National Flood Insurance Program in accordance with the applicable regulations (44 CFR parts 59-79), or less than a year has passed since FEMA notification regarding these hazards; and b. Where the community is participating in the National Flood Insurance Program, flood insurance on the that property is obtained in accordance with section 102(a) of the Flood Disaster Protection Act(42 U.S.C. § 4012a(a). You are responsible for assuring that flood insurance is obtained and maintained. (However, for purposes of this program, a housing unit in a condominium ("condo') or cooperative housing ("coop" "coop") occupied by the older adult owner or shareholder for that unit as the primary residence is treated as being owner occupied, and may be eligible.) Indirect Cost Rate. Normal indirect cost rules under 2 CFR part 200, subpart E apply. If you intend to charge indirect costs to your award, your application must clearly state the rate and distribution base you intend to use. If you have a Federally negotiated indirect cost rate, your application must also include a letter or other documentation from the cognizant agency showing the approved rate. Successful applicants whose rate changes after the application deadline must submit new rate and documentation. Applicants other than state, county and local governments. If you have a Federally negotiated indirect cost rate, your application must clearly state the approved rate and distribution base and must include a letter or other documentation from the cognizant agency showing the approved rate. If you have never received a negotiated indirect cost rate and elect to use the de minimis rate, your application must clearly state you intend to use the de minimis rate of 10% of Modified Total Direct Costs (MTDC). As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. Once elected, the de minimis rate must be applied consistently for all Federal awards until you choose to negotiate for a rate, which you may apply to do at any time. Documentation of the decision to use the de minimis rate must be retained on file for audit. State, county and local governments. If your department or agency unit has a Federally negotiated indirect cost rate,your application must include that rate, the applicable distribution base, and a letter or other documentation from the cognizant agency showing the negotiated rate. If your department or agency unit receives more than $35 million in direct federal funding per year, you may not claim indirect costs until you receive a negotiated rate from your cognizant agency for indirect costs as provided in Appendix VII to 2 CFR Part 200. Page 34 of 55 Page 234 of 610 If your department or agency unit receives no more than $35 million in direct federal funding per year and your department or agency unit has developed and maintains an indirect cost rate proposal and supporting documentation for audit in accordance with 2 CFR Part 200, Appendix VII, you may use the rate and distribution base specified in that indirect cost rate proposal. Alternatively, if your department or agency unit receives no more than$35 million in direct Federal funding per year and has never received a negotiated indirect cost rate, you may elect to use the de minimis rate of 10% of MTDC. As described in 2 CFR 200.403, costs must be consistently charged as either indirect or direct costs but may not be double charged or inconsistently charged as both. Once elected, the de minimis rate must be applied consistently for all Federal awards until you choose to negotiate for a rate, which you may apply to do at any time. Documentation of the decision to use the de minimis rate must be retained on file for audit. Statutory or Regulatory Restrictions Apply G. Other Submission Requirements. 1. Application,Assurances and Certifications. Standard Form 424 (SF-424)Application for Federal Assistance Programs is the government- wide form required to apply for Application for Federal Assistance Programs, discretionary Federal grants and other forms of financial assistance programs. Applicants for this Federal assistance program must submit all required forms in the SF-424 Family of forms, including SF- 424B (Assurances of Non construction Programs) or SF424D (Assurances for Construction Programs).Applications receiving funds for both non construction programs and construction programs must submit both the SF-424B and SF-424D. By signing the forms in the SF-424 either through electronic submission or in paper copy submission(for those granted a waiver), the applicant and the signing authorized representative affirm that they have reviewed the certifications and assurances associated with the application for federal assistance and(1) are aware the submission of the SF424 is an assertion that the relevant certifications and assurances are established and(2) acknowledge that the truthfulness of the certifications and assurances are material representations upon which HUD will rely when making an award to the applicant. If it is later determined the signing authorized representative to the application made a false certification or assurance, caused the submission of a false certification or assurance, or did not have the authority to make a legally binding commitment for the applicant, the applicant and the individual who signed the application may be subject to administrative, civil, or criminal action. Additionally, HUD may terminate the award to the applicant organization or pursue other available remedies. Each applicant is responsible for including the correct certifications and assurances with its application submission, including those applicable to all applicants, those applicable only to federally recognized Indian tribes, and those applicable to applicants other than federally recognized Indian tribes. All program specific certifications and assurances are included in the program Instructions Download on Grants.gov. Assurances. By submitting your application, you provide assurances that, if selected to receive an award,you will comply with U.S. statutory and public policy requirements, including,but not limited to civil rights requirements. 2. Lead Based Paint Requirements. When providing housing assistance funding for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre-1978 housing, you must comply with the lead- Page 35 of 55 Page 235 of 610 based paint evaluation and hazard reduction requirements of HUD's lead-based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead-based paint rules (e.g., Repair, Renovation and Painting; Pre-Renovation Education; and Lead Training and Certification (40 CFR part 745)). V.Application Review Information. A. Review Criteria. 1. Rating Factors. HUD will consider whether your application is clear, concise, and well organized. Each rating factor is reviewed independently. Be sure your response for each rating factor does not include information that belongs with another rating factor. When determining a score for the narrative responses, reviewers will utilize the following scale to apply the percentages of points available consistently for each applicant reviewed. For example if an applicant's response to a rating factor that is worth up to 10 points is assigned a qualitative rating by a reviewer as "fair", this is translated into a quantitative score of 5 points because a fair response is assigned 50% of the possible point total. This is done by an electronic scoring tool that determines the point total for a rating sub-factor once the qualitative rating is assigned by the reviewer. Qualitative Rating level explanation Percentages Rating Outstanding Answer is thorough and provides high confidence that the 100% criteria are surpassed, or that the applicant will likely surpass the performance criteria covered by the question within the time and cost established. There were no weaknesses noted. The description gives confidence of high probability of success. Excellent No significant weaknesses noted. Weaknesses or concerns 85 % can be corrected with just a moderate amount of effort. In general, the answer gives confidence that the applicant will likely meet the performance criteria covered by the question with the time and cost established. Good Answer provided generally meets the standards required, but 75 % has information weaknesses, or design or concept flaws that, while correctable, will likely require considerable effort. The applicant may have not fully answered the question. The answer is mediocre, and therefore, gives concern whether the applicant will meet the performance criteria covered by the question within the time and cost established. Page 36 of 55 Page 236 of 610 Fair Answer is vague or has substantial programmatic weaknesses 50 % that would require substantial efforts to correct. There is a low likelihood that the applicant will meet the performance criteria covered by the question within the time and cost established. Poor or Non- Applicant did not address question or answer shows a lack of 0 % Responsive understanding of requirements and/or concepts. Poor design concept and no or very little confidence that the applicant will meet the performance criteria covered by the question within the time and cost established. Success regarding this element is very unlikely. a. Rating Factors for Applications Each of the three factors is weighted as indicated by the number of points that are assigned to it. The maximum score that can be attained is 102 points. Applicants should be certain that each of these factors is adequately addressed in the project description and accompanying materials. To the extent feasible, include all of the needed information within your response to each rating factor. If your response to a particular rating factor cites information provided in your response to another rating factor, clearly indicate where the information is located so that the reviewer can easily locate it. Summary of Applicant Scoring and Distribution of Points for the Applications Rating Factor 1: Capacity of the Applicant and Relevant Organizational Experience 34 points Rating Factor 2: Program Strategy and Management 48 points Rating Factor 3: Budget Proposal 16 points Section 3 2 points Preference Points 2 points Total Points Possible 102 points Rating Factor 1. Capacity of the Applicant and Relevant Maximum Points: 34 Organizational Experience This factor addresses the extent to which you have the ability, capacity, and organizational resources necessary to successfully implement your proposed activities in a timely manner. The rating of your application will include any sub-grantees, consultants, sub-recipients, and members of consortia that are firmly committed to the project(generally, "subordinate Page 37 of 55 Page 237 of 610 organizations"). In rating this factor, HUD will consider the extent to which your application demonstrates: (1) The Capability and Qualifications of Key Personnel. The applicant must provide resumes, no longer than 3 pages, of the key personnel and job descriptions for planned key personnel, including the person responsible for the financial management of the grant (considered supporting materials). You must describe the roles and responsibilities of each of the key personnel for the project. Do not include the Social Security Numbers (SSN) of any person. The day-to-day Program Manager must be experienced in occupational therapy, housing rehabilitation, aging in place modifications, or other work related to the project. The Program Manager must have demonstrated project management experience and must dedicate at least 50 percent of his/her time for the proposed project. It is expected that the Program Manager and any support staff will have all necessary certifications and experience for the job descriptions for the position. If you have not yet hired a Program Manager, you must include the job announcement for this position in the Appendix to your application. If you have not yet hired a Program Manager for this award, a letter of commitment from the applicant agency leadership with the authority to ensure the position is filled must confirm their understanding and intent to fill or retain a qualified candidate as described above to serve in this required position within 60 days of award. This letter of commitment must accompany the application to receive full points under this rating factor element. Note: The Program Manager is expected to be the center of the program communication and must be technically prepared and experienced to take on the oversight and administration of these funds with the applicant agency. The lack of qualified staff in this position has been identified as a high risk of program failure. (12 points) (2) Organizational Experience. HUD intends to award OAHMP grants to organizations with sufficient(at least 3 years')relevant experience providing services to older adults and conducting home modifications. Provide a description of the capabilities and experience of the applicant organization that are relevant to this NOFA, including your organization's performance in implementing any previous grants that are relevant to this focus area. Also, provide a description of your organization's at least 3 years of experience providing services to older adults (e.g., individuals age 62 years and older). Describe your organization's experience providing either home care services that includes the services of an Occupational Therapist, or other home repair/home maintenance services. Describe your organizations' experience working with fair housing organizations, and organizations that address accessibility for persons with disabilities or home modifications for aging in place. (10 points) (3) Partnerships. Demonstrate your organizational experience through existing or past collaborations with public private/partnerships in the community you served such as, Area Agencies on Aging, Community Senior Services Centers, Health Departments, Housing Authorities, Hospitals, Community Development Agencies, etc. Indicate any enduring enhancements or expansion of the local infrastructure or program services, target area, or policy that resulted from your activities. (5 points) (4) Sub recipient and Sub grantee (6 points) You must address the following related to partner organizations that will receive federal funds from the proposed grant program (vs. commercial services and off-the-shelf suppliers): Page 38 of 55 Page 238 of 610 (a) List and describe sub-grantees, sub-contractor organizations, sub-recipients and consultants at all tiers that will provide critical services and activities directly to beneficiaries on your behalf or indirectly through supportive activities and describe the services and activities. (b) Detail each of these critical partner entities' qualifications and experience in initiating and implementing related environmental,health, safety, or housing projects, or providing services to older adults; and (c) List the key personnel from each of these critical partner entities, their respective roles and responsibilities, their qualifications and experience, and the percentages of time committed for all key personnel identified. You may provide this information in your narrative or in resumes, no longer than 3 pages, on each of up to three key personnel from these critical partner entities. (d) Include the DUNS number and Legal Business Name of all partner organizations. For any partner that does not have a DUNS number, include the date of incorporation. (5) Financial Capacity. Applications must demonstrate the financial capacity to cover the cost of home modification services for up to 30 days while waiting for HUD reimbursement. (1 point) Rating Factor 2. Program Strategy and Management Maximum Points: 48 (a)(1) Urban/rural area designation. Applications must describe the target area as either substantially rural or urban, using the Substantially Rural Substantially Rural Community Lookup Tool located ar https://www.hud.gov/pro rgam_offices/spm/ mgomgmt/grantsinfo/fundingopps/oahmp that is linked to a list of states, counties, county subdivisions, or places and their urbanized area/substantially rural designations based on Census 2010 data. HUD will not accept applications unless the target area(s) is designated as being substantially rural or urbanized. The target area, however, may be comprised of more than one U.S. Census-defined county, county subdivision, or place. Appendix A(0 points) (2) Within-target-area flexibility. Many jurisdictions have a mix of urban areas and rural areas, the Substantially Rural Community Lookup Tool in Appendix A indicates the percentages of such areas within the jurisdiction(s) in which the target area is located. (i) An applicant whose target area is in a jurisdiction that is urban(or substantially rural)may not be within the funding range for applications for that category. (ii) That applicant may be able to meet the performance requirements of the NOFA and the application by working within a portion of the target area's jurisdiction that is substantially rural (or urban). (iii) In such a case, the applicant may choose to state that it agrees to be considered for an award for meeting the NOFA's and the application's performance requirements by working on homes in the other urban/ substantially rural category within the target area's jurisdiction if it is not awarded a grant in its original urban/ substantially rural category. (0 points) (b) Program Strategy. Provide a succinct overview of the structure of your proposed program and identify any existing models on which it is based, describing any deviations from the program model. Describe how your proposal will allow for assistance to meet the individualized goals of the client and reduce risk of falling, improve general safety, improve accessibility, and improve their functional abilities in order to lengthen the time the client can continue to reside in their primary residence. Describe your reasoning for selecting the community which you are targeting for services and your recruitment strategy and the expected number of housing units to receive program services. In addition, describe the home modifications that you expect to be Page 39 of 55 Page 239 of 610 most commonly employed in participants' homes. (14 points) (c) Client and Home Assessments. Describe your procedures for assessing the needs of clients and for identifying necessary modifications to the home. HUD anticipates that some modifications will be driven by the client assessment whereas others will result from a standardized home assessment(e.g., installation of combination smoke and CO detectors). (5 points) (d) Number of Beneficiaries. Provide an estimate of the minimum number of housing units you expect to treat with OAHMP grant funds and describe your basis for this estimate (e.g., based on an average cost of$3,000 per housing unit). (4 points) (e)Addressing Additional Needs of Clients. Discuss your policies and procedures when you encounter clients whose homes are in need of major repairs. This could include developing internal expertise and capacity(e.g., licensed or certified social worker)to connect clients directly to case managers or emergency services. It could mean building out the local referral network to include home care agencies, social service agencies, non-profits and other organizations that can provide home modifications beyond the scope of the OAHMP. In addition, describe your referral system for addressing other client needs that you may encounter (e.g., healthcare, transportation). (4 points) (f) Program Administration and Oversight. Describe how you will administer this program, including how you will address oversight and financial management and provide examples of current financial reports. Specifically: (i) Existing administrative capacity. Describe your existing program administration infrastructure that can absorb or readily be expanded to assume the additional work of the new program activities. This includes capacity for outreach, referrals and management of waiting lists; capacity for data collection and reporting; capacity for project and task management, scheduling, and workload management; experience with information technology systems and computer applications used for administration; capacity for financial management, procurement compliance and experience managing federal funds. (ii) Expanding administrative capacity. Describe any necessary expansion of your program administration infrastructure for this program. (iii) Describe how funding will flow from you to those who will perform work under you on this program, and whether and, if so, how you will ensure that acceptable work is conducted, and acceptable products were provided before you pay invoices and before you submit invoices to HUD. (iv) Describe the key personnel, staff, procedures, and electronic management system you will use on this program to ensure proper project oversight/monitoring, contract administration, routine monitoring and, if you will conduct it, targeted monitoring, of all sub-grantees and contractors to ensure conformity to the terms, conditions and specifications of contracts or other formal agreements. Key personnel should include, at a minimum, the Project Director(PD) and the Program Manager(PM). Unless financial management of the grant falls under the responsibility of the PD or PM, the applicant should also identify the person responsible for the financial management of the grant. (10 points) (g) Contractor Capacity. Describe the activities that will be taken to recruit and retain contractor firms and workers to meet the program production benchmarks. Examples of activities include informational postings online, in person recruitment activities, working with vocational and technical schools, workforce development centers, and Section 3 postings to Page 40 of 55 Page 240 of 610 advertise need for contractors to collaborate on unit work under this program. (4 points) (h) Sustainability. Describe your strategy to build community capacity for home modification programs and services that will continue past the period of performance of the grant. This can take many forms and should be based on your experience implementing similar programs. For example, you may strengthen program staff expertise and program outcomes by taking non- mandatory continuous learning training on skills related to aging in place; leverage the program to set standards and expand the knowledge and skills of local home repair companies to address the needs of older adults who wish to age in place; build knowledge within the organization about other sources of funding (nonprofit,philanthropic, government, etc.) for home modifications; build knowledge,processes, and identify opportunities to assist clients with obtaining services, payments, and funding that they qualify for; build a local coalition that raises awareness about the need for home modification among the older adult population and persons with disabilities and seeks sustainable solutions. (4 points) (i) Project timeline. Provide a timeline (by calendar quarter) of major project milestones and indicate how you will ensure that the project meets this schedule. (3 points) Rating Factor 3. Budget Proposal Maximum Points: 16 (a) Budget Justification Narrative (Required Attachments). (8 points) The Budget narrative document should include all of the following details: (Basic table of costs): A separate budget must be submitted using the HUD_424_CBW: HUD Detailed Budget Worksheet for yourself and for each partner that would receive more than 10 ep rcent of the federal budget request, for any of the described eligible activities direct or indirect in nature. (i) You must thoroughly estimate and detail a plan for all applicable costs, including direct, indirect, and administrative expenses, and present them in a clear and coherent format. Note that HUD is not required to approve or fund all proposed activities if awarded. In completing your estimations, you must document and justify all budget categories and costs and all major tasks of your organization, sub-recipients, major sub-contractors,joint venture participants, or others contributing resources to the project. (ii) Describe your plan on how you would use your funds to ensure the maximum number of homes can be modified under this NOFA. (iii) Justify the allocation of funds among successfully completed tasks, units within your organization, and your partners, in support of the scope of the proposed project. In particular, your narrative should show enough detail by line and category to provides transparency and linkage between production of successfully modified housing units, and payments associated with activities that resulted in those units being modified, from the outreach stage through recruitment, enrollment, contracting for home modifications, re-evaluation, education and training. (b) Fiscal Oversight and Financing Strategy Narrative. (8 points) (i) Discuss your home modification financing strategy(i.e., the type of assistance - grants, deferred/forgivable loans), including verification of income eligibility requirements, terms, Page 41 of 55 Page 241 of 610 conditions, and dollar limits of the home modification work. (ii) Identify who is responsible and the technical program expertise for establishing, as described in your response to Rating Factor 2, administering and overseeing the fiscal aspect of the program which may include bidding,procurement, and contracting the housing unit work. (iii) Describe how you will keep costs per housing unit under tight control, so that the maximum number of older adults will have their homes modified under this NOFA. 2. Other Factors. Section 3. In accordance with HUD's Section 3 regulations at 24 CFR 135.9, your application will receive up to (2) points based your response to the following inquiries: • types and amounts of employment, training, and contracting opportunities to be generated as a result of proposed grant activities; • specific actions to be taken to give Section 3 residents and Section 3 business concerns (as defined at 24 CFR 135.5)priority consideration for employment, training, contracting, and other economic opportunities in accordance with HUD's regulations at 24 CFR 135.34 and 135.36; • written criteria to be used for determining eligibility of Section 3 residents and business entities; • written procedures to be used for notifying Section 3 residents and business entities about the availability of training, employment, and contracting opportunities; • methodology to be used for monitoring developers, contractors and subcontractors that are awarded covered contracts to ensure compliance with Section 3 requirements; • strategies for meeting the Section 3 minimum numerical goals for employment and contracting opportunities at 24 CFR 135.30; and • contact information and qualifications for staff persons who will be responsible for the day-to-day implementation of Section 3. Preference Points. HUD encourages activities in support of the Secretary's FY20 Initiatives. HUD may award up to two (2)points for any of the 3 preferences (OZ, PZ or HBCU). Opportunity Zones. Opportunity Zone (OZ) Certification and Supporting Documentation: Applicants proposing projects in an Opportunity Zone community must identify the state, county and census tract(s) of the opportunity zone(s) in which the activity will be carried out and provide certification to HUD in order to receive preference points. The certification must affirm that the investment is in a qualified Opportunity Zone, and be submitted as a supporting attachment on the applicant's letterhead with the application package. Applicants must also provide supporting documentation showing that the investment is in an Opportunity Zone. To view the list of designated Opportunity Zones, please see the following link on the U.S. Department of the Treasury website: https://www.cdfifund. og v/Pa eg s/Opportunity-Zones.asl2x. HUD encourages activities in Opportunity Zones. This form will be included as part of the grant application package onr�gov for all HUD grants that offer Opportunity Zone preference points. For Fiscal Year 2020, applicants will be required to complete and submit this form along with the SF-424 in order to be eligible for Opportunity Zone preference. Applicants who do not complete Page 42 of 55 Page 242 of 610 this form and submit it along with the rest of their application package will not be eligible to receive the points. Additionally, applicants who do complete and submit this form,but indicate they intend to use less than 50% of the award within Opportunity Zone tracts,will also be ineligible to receive preference points, unless: a.)the applicant can show why they are unable to expend at least 50% of the grant award within Opportunity Zone designated tracts, or b.)the applicant is able to make a compelling case for why the amount that will be expended will have a significant impact within Opportunity Zone designated tracts. HBCU. This program does not offer HBCU preference points. Promise Zones HUD encourages activities in Promise Zones (PZ). To receive Promise Zones Preference Points, applicants must submit form HUD 50153, "Certification of Consistency with Promise Zone Goals and Implementation," signed by the Promise Zone Official authorized to certify the project meets the criteria to receive preference points. To view the list of designated Promise Zones and persons authorized to certify, please see the Promise Zone pages on HUD's website. B. Review and Selection Process. 1. Past Performance In evaluating applications for funding, HUD will consider an applicant's past performance in managing funds. Items HUD will consider include, but are not limited to: The ability to account for funds in compliance with applicable reporting and recordkeeping requirements; Timely use of funds received from HUD; Timely submission and quality of reports submitted to HUD; Meeting program requirements; Meeting performance targets as established in the grant agreement; HUD may reduce scores as specified under V. A. Review Criteria. Whenever possible, HUD will obtain past performance information. If this review results in an adverse finding related to integrity or performance, HUD reserves the right to take any of the remedies provided in Section III. E Statutory and Regulatory Requirements Affecting Eligibility, "Pre-selection Review of Performance" document link above. 2. Assessing Applicant Risk. In evaluating risks posed by applicants, HUD may use a risk-based approach and may consider any items such as the following: • Financial stability; • Quality of management systems and ability to meet the management standards prescribed in this part; • History of performance. The applicant's record in managing Federal awards, if it is a prior recipient of Federal awards, including timeliness of compliance with applicable reporting requirements, conformance to the terms and conditions of previous Federal awards, and if applicable, the extent to which any previously awarded amounts will be expended prior to future awards; • Reports and findings from audits performed under Subpart F—Audit Requirements of this part or the reports and findings of any other available audits; and Page 43 of 55 Page 243 of 610 • The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities. 3. Applications Awards will be made to the highest scoring applications in rank order within the limits of funding availability for each program category from among applications that scored at least 75 points. If more than one application has the lowest rating within the funding range, the Application Review Panel will decide which application to fund based primarily on expected community impact as determined by the need for services and the proposed number of households to receive services. VI. Award Administration Information. A.Award Notices. Following the evaluation process, HUD will notify successful applicants of their selection for funding. HUD will also notify other applicants, whose applications were received by the deadline, but have not been chosen for award. Notifications will be sent by email to the person listed as the AOR in item 21 of the SF424. Negotiation.After HUD has made selections, HUD will negotiate specific terms of the funding agreement and budget with selected applicants. If HUD and a selected applicant do not successfully conclude negotiations in a timely manner, or a selected applicant fails to provide requested information, an award will not be made to that applicant. In this case, HUD may select another eligible applicant. HUD may impose special conditions on an award as provided under 2 CFR 200.207: • Based on HUD's review of the applicant's risk under 2 CFR 200.205; • When the applicant or recipient has a history of failure to comply with the general or specific terms and conditions of a Federal award; • When the applicant or recipient fails to meet expected performance goals contained in a Federal award; or • When the applicant or recipient is not otherwise responsible. Adjustments to Funding. To ensure the fair distribution of funds and enable the purposes or requirements of a specific program to be met, HUD reserves the right to fund less than the amount requested in an application. a. HUD will fund no portion of an application that: (1) Is not eligible for funding under applicable statutory or regulatory requirements; (2) Does not meet the requirements of this notice; or (3) Duplicates other funded programs or activities from prior year awards or other selected applicants. b. If funds are available after funding the highest-ranking application, HUD may fund all or part of another eligible fundable application. If an applicant turns down an award offer, or if HUD and an applicant do not successfully complete grant negotiations, HUD may make an offer of funding to another eligible application. c. If funds remain after all selections have been made, remaining funds may be made available within the current FY for other competitions within the program area, or be held for future Page 44 of 55 Page 244 of 610 competitions, or be used as otherwise provided by authorizing statute or appropriation. d. If, after announcement of awards made under the current NOFA, additional funds become available either through the current appropriations, a supplemental appropriation, other appropriations or recapture of funds, HUD may use the additional funds to provide additional funding to an applicant awarded less than the requested amount of funds to make the full award, and/or to fund additional applicants that were eligible to receive an award but for which there were no funds available. Funding Errors. If HUD commits an error that when corrected would cause selection of an applicant during the funding round of a Program NOFA, HUD may select that applicant for funding, subject to the availability of funds. A minimum score of 75 points is required for consideration for award. B.Administrative,National and Department Policy Requirements for HUD recipients For this NOFA, the following Administrative, National and Department Policy Requirements and Terms for HUD Financial Assistance Awards apply. (Please select the linked text to read the detailed description of each applicable requirement). 1. Compliance with Non-discrimination and Related Requirements. Unless otherwise specified, these non-discrimination and equal opportunity authorities and other requirements apply to all NOFAs. Please read the following requirements carefully as the requirements are different among HUD's programs. • Compliance with Fair Housing and Civil Rights Laws, Which Encompass the Fair Housing Act and Related Authorities (cf. 24 CFR 5.105(a)). • Affirmatively Furthering Fair Housing. • Economic Opportunities for Low-and Very Low-income Persons (Section 3). • Improving Access to Services for Persons with Limited English Proficiency(LEP). • Accessible Technology. 2. Equal Access Requirements. 3. Ensuring the Participation of Small Disadvantaged Business, and Women-Owned Business. 4. Equal Participation of Faith-Based Organizations in HUD Programs and Activities. 5. Uniform Relocation Act—Real Property Acquisition and Relocation Requirements. 6. Participation in HUD-Sponsored Program Evaluation. 7. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 8. Drug-Free Workplace. 9. Safeguarding Resident/Client Files. 10. Compliance with the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.109-282) (Transparency Act), as amended. 11. Eminent Domain. 12. Accessibility for Persons with Disabilities. 13. Violence Against Women Act. 14. Conducting Business in Accordance with Ethical Standards/Code of Conduct. Page 45 of 55 Page 245 of 610 15. Environmental Requirements. HUD is required to complete environmental reviews for certain categories of home modification intervention activities. The, the grantee is required to contact HUD and provide all relevant information with which to conduct the environmental review and incorporate any resulting mitigation measures, including rejecting a proposed project if it violates any of the related federal environmental laws and authorities listed at §50.4, and the grantee does not promptly adjust the scope to eliminate the violation. a. Eligible Construction and Rehabilitation Activities. An FY 2019-2020 OAHMP award does not constitute approval of specific sites where activities that are subject to environmental review may be carried out. b. Maintenance Projects: In order to expedite home modifications in accordance with the Congressional directive that this program be a"low barrier" one, grantees are strongly encouraged to select home modifications that address IADLs and ADLs that are defined by HUD as maintenance, such as options from the Maintenance column of the Table of Home Modifications/Repairs, found in Appendix B . The table does not represent an exhaustive list of options. If the aggregate of proposed activities at any one property are deemed to be maintenance, under 24 CFR § 50.19(b)the project is Categorically Excluded and Not Subject to the Environmental Laws and Authorities (CENST) at 24 CFR § 50.4. Grantees are required to maintain detailed aggregate project descriptions and budgets for CENST projects for future monitoring purposes. An environmental review and approval by HUD is not required for projects determined to be maintenance/CENST. HUD will document the appropriate environmental review in the HUD Environmental Review Online System(HERDS), on a program-wide basis, for exempt and CENST activities in HEROS. c. Repair/Rehabilitation: An environmental review and approval by HUD is required if proposed projects, funded in whole or in part by funds under this grant, are not exempt or maintenance/CENST. Under 24 CFR § 50.20, Rehabilitation/Repair projects are Categorically Excluded and Subject to the Related Federal Environmental Laws and Authorities (CEST) at 24 CFR §50.4. Prior to commitment or expenditure of funds the grantee must provide HUD with pertinent details including, but not limited to, the project address, full scope of all proposed activities/work, regardless of funding source, funding details, photographs (where interior work is to be done and all exterior elevations). HUD will determine which of the related laws and authorities listed at §50.4 are applicable to the project and document compliance accordingly in HEROS. For home modifications determined to require an environmental review, the environmental factors at §50.4 that may be triggered by this type of project typically include but are not limited to: Floodplain Management, Flood Insurance, Historic Preservation,Noise Abatement, and Toxic Chemicals and Radioactive Materials. Once the environmental review is complete, HUD will notify the grantee of whether the project is approved, with any required revisions or mitigation measures that must be incorporated into the project scope of work. before approval can be granted. Program-specific environmental review related guidance will be provided to all recipients of OAHMP awards. d. For all cooperative agreements under this NOFA, recipients and other participants in the project are prohibited from undertaking or committing or expending HUD or non-HUD funds (including leveraged funds) on, a project or activities under this NOFA (other than activities listed in 24 CFR 50.19(b) and that appear in the Maintenance column of the Table of Home Modifications/Repairs)until HUD completes the environmental review, and notifies the grantee Page 46 of 55 Page 246 of 610 of its approval. The results of the environmental reviews may require that proposed activities be modified, or proposed projects rejected. e. For assistance, contact Karen Griego, the Office of Lead Hazard Control and Healthy Homes Program Environmental Clearance Officer at(505) 346-6462 (this is not a toll free number) or the HUD Environmental Officer in the HUD Field Office serving your area. If you are a hearing- or speech-impaired person, you may reach the telephone number above via TTY by calling the toll-free Federal Relay Service at 1-800-877- 8339. Recipient of a grant under this program will be given additional guidance in these environmental responsibilities. f. All other activities not related to construction,repair or rehabilitation are categorically excluded, under 24 CFR 50.19(b)(1), (3), (5), (7), (8) and(9), from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. § 4321) and are not subject to environmental review under the related environmental laws and authorities at 24 CFR 50.4. C. Reporting. HUD requires recipients to submit performance and financial reports under OMB guidance and program instructions. 1. Recipient Integrity and Performance Matters. Applicants should be aware that if the total Federal share of your Federal award includes more than $ 500,000 over the period of performance, you may be subject to post award reporting requirements reflected in Appendix XII to Part 200-Award Term and Condition for Recipient Integrity and Performance Matters. 2. Race, Ethnicity and Other Data Reporting. HUD requires recipients that provide HUD- funded program benefits to individuals or families to report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of HUD programs in order to carry out the Department's responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987. 3. Program-Specific Reporting Requirements Program-Specific Reporting Requirements. The program specific reporting requirements will include quarterly reporting through the Healthy Homes Grant Management System(HHGMS). A narrative and quantitative reporting will be expected each quarter that will include at a minimum progress towards goals related to intake, assessment, modification, partnerships, sustainability activities and fiscal transactions/balance of funds spent successfully to date. D. Debriefing. For a period of at least 120 days,beginning 30 days after the public announcement of awards under this NOFA, HUD will provide a debriefing related to their application to requesting applicants. A request for debriefing must be made in writing or by email by the authorized official whose signature appears on the SF-424 or by his or her successor in office and be submitted to the POC in Section VII Agency Contact(s), below. Information provided during a Page 47 of 55 Page 247 of 610 debriefing may include the final score the applicant received for each rating factor, final evaluator comments for each rating factor, and the final assessment indicating the basis upon which funding was approved or denied. VII.Agency Contact(s). HUD staff will be available to provide clarification on the content of this NOFA. Questions regarding specific program requirements for this NOFA should be directed to the POC listed below.Name: Yolanda A. Brown Phone: 202-402-7596 Email: Yolanda.A.Brown@hud.gov Persons with hearing or speech impairments may access this number via TTY by calling the toll- free Federal Relay Service at 800-877-8339. Please note that HUD staff cannot assist applicants in preparing their applications. VIII. Other Information. 1. National Environmental Policy Act. A Finding of No Significant Impact (FONSI)with respect to the environment has been made for this NOFA in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available for inspection at HUD's Funding_Opportunities web page. 2. Paperwork Reduction Act Statement. The information collection requirements in this notice have been approved by OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). In accordance with the Paperwork Reduction Act, HUD may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid OMB control number. Each NOFA will identify its applicable OMB control number unless its collection of information is excluded from these requirements under 5 CFR part 1320. 3. Web Resources. • Affirmatively Furthering Fair Housing • Code of Conduct list • CFDA • Dun & Bradstreet • Equal Participation of Faith-Based Organizations • Federal Awardee Performance and Integrity Information System • FFATA Subaward Reporting System • Grants.gov • HBCUs • Healthy Homes Strategic Plan • Healthy Housing Reference Manual Page 48 of 55 Page 248 of 610 • HUD's Strategic Plan • HUD Grants • Limited English Proficiency • NOFA Webcasts • Opportunity Zone • Procurement of Recovered Materials • Promise Zones • Section 3 Business Registry • State Point of Contact List • System for Award Management (SAM) • Uniform Relocation Act—Real Property Acquisition and Relocation Requirements • USA Spending APPENDIX Appendix A— Substantially Rural Community Lookup Tool Open the spreadsheet file located at: https://www.hud.gov/program_offices/spm/gmomgmt/grantsinfo/fundingopps/oahmp. FY 2020 Home Modification NOFA Substantially Rural Community Lookup Tool.xlsx. The first tab of the spreadsheet, labeled Lookup, contains instructions and cells for obtaining data about the community(ies) (called jurisdiction(s) here) you are considering as your target area for this grant. The subsequent tabs of the spreadsheet have information about the jurisdiction(s)based on the 2010 Census, the most recent one for which Census has developed and provided the information. The information in these tabs in the posted version of this spreadsheet is not changeable. The overall approach to determine if a jurisdiction is substantially rural or not is to select its location information through drop-down menus. This includes: For each single jurisdiction: • Selecting its state, • Then selecting its county, • Then, if the jurisdiction is smaller than a county, selecting the county subdivision(if the target area is in such a subdivision in one of the 20 states that has its subdivisions recognized by the Census Bureau: CT, IL, IN, KS, MA, ME, MI, MN, MO,NE,NH,NJ, NY,ND, OH, PA, RI, SD, VT, and WI), and, • If applicable, selecting the place. The spreadsheet then enters the location information you have selected, and the information on the jurisdiction's rural and urban populations into Table 1. The spreadsheet then calculates whether the jurisdiction is substantially rural or not substantially rural, based on whether the Page 49 of 55 Page 249 of 610 population is at least half rural or less than half rural, respectively. Target area with one jurisdiction: If your target area consists of one jurisdiction, and it is in the rurality classification category you intended to apply in, copy Table 1 (the row of headers and the row of information) into your application. You may, if you wish, narrow the table column widths. If your target area is not the rurality classification category you intended to apply in, you may delete the information in Table 1, and select another jurisdiction,using the same procedure as before, and determine if your new jurisdiction has the rurality status you want it to have. When you are satisfied with the rurality status of your target area jurisdiction, copy and paste Table 1 into your application. You may, if you wish, narrow the table column widths. Target area with multiple jurisdictions: If your target area consists of multiple jurisdictions, see the additional instructions below Table 1, which involves repeating the steps above for each jurisdiction, copying the values of the jurisdictions cells in Table 1 into the first blank row of Table 2. The bottom row of Table 2 provides the overall classification of your target area, indicating that, overall, it is substantially rural or not substantially rural. If this is the rurality classification category you intended to apply in, copy and paste Table 2 into your application, deleting blank rows, and, if you wish, narrowing column widths. If this is not the rurality classification category you intended to apply in, you may delete the information in one or more of the rows of Table 2; only the jurisdictions remaining in Table 2 are used to determine the substantially rural or not ("rurality") status. You may, if you wish, add jurisdictions to Table 2, using the same procedure as before, and determine if your new set of jurisdictions has the rurality status you want it to have. (The spreadsheet is not concerned with blank rows; you need not move rows up in the spreadsheet to fill in the blank rows.) When you are satisfied with the rurality status of your target area, copy and paste Table 2 into your application, deleting blank rows, and, if you wish, narrowing column widths. Appendix B -Home Modifications/Repairs Feature or Examples of OAHMP Maintenance Examples of System Repair Activities OAHMP Rehabilitation Repair Site • adding or replacing address • construction of new number so it is visible from the walkways, driveways or street for emergency responders parking areas, or • power-washing slippery replacement thereof exterior surfaces Building • adding exterior lighting at • roof installation Page 50 of 55 Page 250 of 610 Exterior entrances (to include automatic • gutter and/or downspout sensors) installation • installing new or adjusting mailbox to make it easier to reach • fixing gutters and downspouts if causing safety hazard • manufactured/mobile home skirting Exterior • graded ground ramps • installing permanent walkways and • installing temporary/modular ramps (with footings set steps ramps (placed on top of the into the ground) for ground) for accessibility for accessibility individuals with a disability • installing exterior stairlift • placing temporary anti-slip tape • installing wheelchair or colored tape or paint on platform and lift surfaces • applying directional signage or marking for wayfinding • installing handrails on both sides of steps and/or pathways • repairing cracked, broken, or uneven pathways (pavement, brick, etc.) • installing pathway lighting Exterior • installing automatic doors or • widening exterior Windows and automatic door openers doorway to Doors • installing magnetic screen door accommodate a walker • replacing door lock with one or wheelchair that is easier to operate • replacement of exterior • replacing doorknobs with lever- door style handles • replacement of windows • adding or adjusting peephole or viewing panel to correct height for client • eliminating trip hazards at entry threshold • installing "tap-n-go" or other hands-free door hold open capability • adjusting windows to make them easier to open and close Page 51 of 55 Page 251 of 610 • fixing broken window pane(s), storm window(s) or damaged entry door • adding storm windows or storm doors Interior Walls, • adjusting or replacing hardware • installing new drywall or Windows, and for drapes, shades, and/or paneling Ceilings curtains to make them easier to • installing new acoustical use ceiling • building shelf to improve hands-free activity or to improve accessibility • patching or mending cracked plaster • patching or fixing holes or cracks in drywall Interior Doors • adjusting door swings to • installing different door and Hallways reverse or remove awkwardness type • installing automatic doors or • widening interior door openers doorways to • installing door hinge offset or accommodate a walker swing clear door hinges or wheelchair • installing "tap-n-go" or other • widening hallways to hands-free door hold-open accommodate a walker capability or wheelchair Flooring • repairing flooring transitions so • installation of new floor there is zero height difference if the existing floor has between them extensive slipping or • repairing floor tile to remove tripping hazards resulting uneven surfaces from deterioration or • repairing floors to remove damage uneven surfaces • stripping floors and resealing when incidental to other work • installing linoleum/vinyl flooring to remove uneven surfaces that pose extensive slipping or tripping hazards • carpet removal • cleaning floor when incidental to other work Page 52 of 55 Page 252 of 610 Interior • installing railings • installing chair lift/stair Stairways . maintaining chair lift/stair climbers (Circulation) climber • replacing broken stair treads or balusters • applying adhesive strips with nonslip surface • applying adhesive tape or paint to distinguish thresholds and edges • carpet removal • installing super-pole between floor and ceiling with or without pivot arm Bathroom/ • installing grab bars • complete or substantial Laundry . adding nonskid strips to bathtub bathroom remodel or shower floor • installing new wall tile • installing a hand-held or • installing a walk-in adjustable showerhead shower or bathtub • installing clamp for handheld shower on wall or grab bar • tub cuts to enable easy entry/conversion to shower • installing curved shower rod • installing easy-to-use lever handles rather than knobs or turn handles for the sink, bathtub and shower faucets feature • replacing toilet with comfort- height model • installing pedestal or wall hung sink for wheelchair accessibility • insulating exposed pipes beneath the sink to protect against touching a hot pipe • cushioning exposed pipes beneath the sink to protect against bumping • replacing or adjusting position of bathroom mirror, toilet paper holder, and other accessories to meet client's needs Page 53 of 55 Page 253 of 610 • replacing cabinet hardware, such as replacing round knobs with D-shaped handles • installing new toilet handles • installing toilet riser with handles • installing toilet safety frame or rails • repairing toilet seats • installing wall soap holder • repairing wall tile • securing rugs with rubber carpet mesh or double-sided rug tape • unclogging sink or toilet when incidental to other work • moving or replacing washing machines and dryers • replacing broken medicine cabinet Kitchens • replacing cabinet hardware, • complete or substantial such as replacing round knobs kitchen remodel with D-shaped handles . install lower work • removing or replacing interior surface that can be used of existing cabinetry for easier while seated access (e.g.,pull-out drawers . lowering of cabinets and shelves) • replace faucets with lever-, touch-, or sensor-style faucet • install easy-to-use ABC-rated fire extinguisher in an easy-to- reach place • install automatic stove turnoff devices Electrical/ • adding stick-on motion sensor • major rewiring of Lighting lighting building • adding task lighting under • installing new electrical cabinets and over counters and service tables • replacing or moving • changing light bulbs electrical panels • adding light switches at top and bottom of stairs for safety Page 54 of 55 Page 254 of 610 • replacing light switches with safety and accessibility features such as glow in the dark, rocker-style switches, or other easy-to-function switches • moving light switches and electrical outlets where they are more accessible to the individual • adding ball chain extension to ceiling fan/light HVAC/ • replacing thermostat with one • installing new furnace or Plumbing that has accessibility features heat distribution system systems . setting home's water heater or • installing central air replacing its thermostat, to conditioning ensure hot water is at or below . installing new plumbing 120T to avoid scalding system • installing pressure-balanced, . new water or sewer temperature-regulated sink connection faucets in kitchen and bath Security • adding security technology to • installing new security entrance door alarm system • installing secure slide latch or chain inside entrance door Life Safety • installing GFCI outlet • making substantial • repairing electrical outlets physical changes to a • installing or servicing smoke, building to comply with fire and CO detectors fire and life safety codes • installing or replacing doorbell • installing fire that can be seen or heard by suppression system client throughout the house • chimney repairs • cleaning surface mold • mold remediation Page 55 of 55 Page 255 of 610 CITY OF WATERLOO Council Communication Resolution approving the contract for the grant award between Waterloo Housing Trust Fund 8 and the City of Waterloo Community Development Department, in the amount of$28,267 for repairs to existing single family owner occupied homes, of which$5,500 of this award must be spent on households at or below 30% of Area Median Income or lower, and authorizing the Community Development Director to execute said document. City Council Meeting: 5/17/2021 Prepared:4/29/2021 ATTACHMENTS: Description Type U Contract and Attachments Backup Material Resolution approving the contract for thegrant award between Waterloo Housing Trust Fund 8 and the City of Waterloo Community Development SUBJECT: Department, in the amount of$28,267 for repairs to existing single family owner occupied homes, of which$5.500 of this award must be spent on households at or below 30% of Area Median Income or lower. and authorizing the Community Development Director to execute said document. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: Approval of the contract for immediate submission to the Waterloo Housing Trust Fund The award will help supplement our Emergency Repairs Program Summary Statement: specifically for eligible applicants unable to financially cover repair costs that exceed the emergency repair cap. Source of Funds: Iowa Finance Authority State Housing Trust Funds Page 256 of 610 OVA ,� iNRcoc i Iowa Northland Regional Council of Governments i April 21, 2021 Rudy Jones City of Waterloo Community Development 620 Mulberry St. Waterloo, IA 50703 RE: WHTF#8 2021/2022 Local Housing Trust Fund Grant Contract Dear Rudy: We are enclosing contracts relative to the Waterloo Housing Trust Fund's Local Housing Trust Fund Awards. We believe the figures in the agreement coincide with those awarded by our Board of Directors on April 141H Please review the contracts (2 originals are enclosed), as well as the Payment Disbursement Request Form and 2021 Area Median Income Limits(by household size), and if satisfactory, please sign and date both original contracts and return one to us. If you have any questions, please let us know. Thank you. Brian Schoon,AICP Director of Development Developing Strong Local Government through Regional Cooperation 229E Park Avenue I Waterloo Iowa 50703 1 P (319) 235-0311 I F (319) 235-2891 I wwR.4q@(257rgf 610 WHTF 8 IFA 21-LHTF-05 INRCOG#103 Activity#2 CONTRACT FOR GRANT AWARD BETWEEN THE WATERLOO HOUSING TRUST FUND 8(WHTF) AND CITY OF WATERLOO Section 1:The Funding Contract The WHTF,hereinafter the Grantor agrees,upon the terms and conditions set forth,to make a grant to the organization titled City of Waterloo,located in Waterloo, Iowa hereinafter the Grantee, in the amount of$28,267, of which$5,500 must be spent on households at or below 30%of Area Median Income or lower.These funds were included as part of a grant application submitted by the WHTF to the Iowa Finance Authority(IFA)State Housing Trust Fund on behalf of the Grantee for owner occupied housing emergency repairs meeting the definition of a low to moderate income family(see Section 5(b)(3) below), within Waterloo, as defined in the Grantee's proposal. The$28,267 in grant funds and local match is to be considered conditional on the Grantee complying with all other terms and conditions of this Contract. Section 2: Disbursement and Use of Proceeds a. Disbursement of the grant amount may occur once the Grantee has satisfactorily addressed any requirements set forth in this CONTRACT and once the Grantee has submitted the Request for Disbursement. Disbursement will occur within two to four weeks of the Grantor receiving the Request for Disbursement from the Grantee, and dependent on how quickly the WHTF receives the funds from the Iowa Finance Authority. The Grantee agrees to spend all funds, on allowable expenses as outlined in the original application, within 30 calendar days from the date of the receipt of the funds from the Grantor. b. The Grantee will provide to the Grantor any supporting evidence necessary to substantiate payment to the Grantee. Section 3: Obligation to Repay Grant Amount In Event of Default Upon the occurrence of default,as defined in Section 7,the Grantor may demand repayment of all or a portion of the grant amount that has been disbursed up to the time of default. The Grantee understands and agrees that the grant is made for the purpose of owner occupied emergency repairs for a low to moderate income family as stipulated in the Grantee's proposal, and that upon failure to complete the project stated in the application,the Grantee is obligated to immediately repay such amounts as are determined by the Grantor to have been received by the Grantee without fulfillment of the Grantee's obligations, up to the full amount of the grant proceeds disbursed. Section 4: Conditions of the Grant The obligation and agreement of the Grantor to make the grant is subject to the Grantee satisfactorily addressing any requirements stated in this Contract. Section 5: Representations and Covenants a. Representations; (1) This agreement is considered legal,valid, and binding obligations of the Grantee enforceable against the Grantee in accordance with their respective terms; (2) The estimated project cost is set forth in the Grantee's original application to the Grantor and no part of the proceeds will be used to finance ineligible costs, within the meaning of the rules; 1 Page 258 of 610 (3) There is no litigation or proceeding pending, or to the knowledge of the Grantee, threatened against the Grantee affecting in any manner whatsoever the right of the Grantee to execute this agreement or the other agreements required to be executed by the Grantee under this agreement, or the ability of the Grantee to comply with the Grantee's obligations contained herein or therein; (4) The Grantee agrees that the Grantor shall have no responsibility nor incur any expense for maintenance or preservation of the Project or for the payment of any taxes,assessments, or other governmental charges assessed or levied with respect to the Project; (5) The certifications and representations of the Grantee and other information contained in the application were true and correct as of the date made and are true and correct on the date hereof,except as information in the application may have been amended with the written approval of the Grantor; (6) There has been no adverse change since the date of the application in the financial condition,organization,operation, business prospects,fixed assets,or key personnel of the Grantee; (7) No payment of any bonus or commission has been made by the Grantee for the purpose of obtaining approval of the application,or has or will be made for the purpose of obtaining approval of applications for additional assistance,or any other approval or concurrence of the Grantor required under this agreement; (8) No officer, member, or employee of the Grantor and no members of its board,and no other public official of the governing body of the locality in which the project is located who exercises any functions or responsibilities in the review of approval of the project has participated in any decisions relating to this agreement which affect his/her personal interest or the interest of any corporation, partnership, or association in which he or she is directly or indirectly interested or has any personal or financial interest,direct or indirect, in the agreement or the proceeds of the grant. b. Covenants (1) The Grantee will incur expenses and draw the funds on the project no later than September 30, 2022. If it is not possible to meet this deadline the grantee shall immediately contact the grantor in writing to request an extension. (2) The Grantee will complete the project in accordance with the project bid,which must be submitted prior to any disbursement of funds. (3) The Grantee hereby certifies,through the completion of an income verification process, that the inhabitants of the housing unit to be built will meet the income guidelines set forth, specifically that the inhabitants of the unit(s)shall have a gross annual household income of less than 80%of the Area Median Income based on the size of the family. However, of the total amount awarded in Section 1,the Grantee must expend at least$5,500 for households with 30%of the Area Median Income,or less, based on the size of the family. (4) The Grantee will assure that all funds from the Grantor will be used only for eligible activities,specifically for owner occupied housing emergency repairs. (5) The Grantee shall not materially change the project,abandon the project, or allow the project to be seized or operated by others. 2 Page 259 of 610 (6) The Grantee agrees to comply with the provisions of Section 16.9 of the Act and Sections 216.8 and 216.8A of the Iowa Code and with the provisions of the Fair Housing Act,as amended,which compliance shall include, but not-be limited to,the following: (i) Grantee shall not refuse to rent, or otherwise make unavailable or deny,a dwelling to any person because of race,creed, color,sex,familial status, national origin;age, disability or religion; (ii) Grantee shall not discriminate against any person on the terms,conditions, or privileges or rental of a dwelling, or in the provisions of services or facilities in connection therewith, because of race,creed, color,sex,familial status, national origin, age, disability,or religion; (iii) Grantee shall not make or publish any notice,statement or advertisement, with respect to the rental or availability of a dwelling,that indicates any preference, limitation or discrimination based on race, color, creed,sex, familial status, national origin,age,disability, or religion; (iv) Grantee shall not refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises to be occupied by such a person if such modifications may be necessary to afford such a person full enjoyment of the premises. (7) The Grantee shall, in all solicitations or advertisements for employees,state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion,sex, national origin,age,or disability. (8) The Grantee shall not discriminate against any qualified employee or applicant for employment because of race,color, religion, creed,sex, national origin,age or disability. The Grantee agrees to post notice setting forth the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees. Section 6: Accounts, Records,and Reports The Grantee agrees to comply with the following accounting, recordkeeping,and reporting requirements: a. The Grantee shall maintain books, records,documents, and other evidence pertaining to all costs incurred for the project,such as material and/or construction costs,for which Grantee funds were used. b. At any time during normal business hours and as frequently as is deemed necessary,the Grantee shall make available to the Grantor, its auditor,the State Auditor or the Iowa Finance Authority(IFA), for their examination, all of its records pertaining to matters covered by this agreement. c. All records pertaining to the agreement and grant shall be retained for a period of five(5)years beginning with the date upon which project funds are received. d. The Grantee shall submit a Project Completion Report within sixty(60) days of the completion of the project.The Grantor reserves the right to request additional written or verbal progress reports as deemed necessary. 3 Page 260 of 610 Section 7: Events of Default The following events each constitute an Event of Default; a. Any representation or warranty made by the Grantee under or in connection with this agreement that shall prove to have been incorrect in any material respect when made and shall not be made good within thirty(30)days after notice thereof to the Grantee by the Grantor;or b. The Grantee shall fail to perform or observe any other term,covenant, or stipulation contained in this agreement and any such failure shall remain unremedled for thirty(30)days after written notice thereof shall have been given to the Grantee by the Grantor. Section 8: Remedies of Default Under any occurrence of an Event of Default,the Grantor or its agent may: a. Make no further disbursements under the Grant,and/or b. Take whatever action at law or in equity may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the Grantee under this Agreement. c. By written notice to the Grantee,demand repayment from the Grantee of all or a portion of amounts previously disbursed under the Grant,whereupon such amounts shall become due and payable. d. Take whatever action at law or in equity may appear necessary or desirable to enforce Grantee's obligation to repay all or a portion of the Grant proceeds and to recover Grant proceeds. Section 9: Indemnity; Fees and Expenses a. Grantee will indemnify and hold harmless the Grantor and its officers and employees from and against any and all losses, by It or them while it or they are acting in good faith to carry out the transactions contemplated by the agreement or to safeguard its or their interests or ascertain, determine or carry out its or their obligations under this agreement, or any law or contract applicable to said transaction; b. Grantee will, upon demand, pay to the Grantor the amount of any and all reasonable expenses, including the reasonable fees and expenses of its attorneys,including the value of its connection with (i)the exercise or enforcement of any of the rights of the Grantor hereunder,(ii)the failure by the Grantee to perform or observe any of the provisions hereof,and (iii)the recovery of any proceeds misappropriated by the Grantee. The Grantee will also pay, upon demand to the Grantor,any other reasonable expenses of the Grantor related to the project or this financing(including reasonable attorney's fees)which are not otherwise expressly required to be paid by the Grantee under the terms of this agreement; c. Grantee agrees to pay, as and if applicable,all appraisal fees,survey fees, recording fees, license and permit fees,insurance premiums,taxes,charges,and assessments in connection with the project. Section 10: Binding Effect•Governin law This agreement shall be binding upon and inure to the benefit of the Grantee and the Grantor and their respective successors and assigns,except that the Grantee shall not have the right to assign its rights hereunder or any interest herein without the prior written consent of the Grantor. This agreement shall be governed by,and construed in accordance with,the laws of the State of Iowa. 4 Page 261 of 610 Section 11: Severability if any provision of this agreement shall be held or deemed to be or shall, in fact, be illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid,inoperative,or unenforceable to any extent whatever. Section 12: Amendments,Changes and Modifications This agreement may not be effectively amended,changed, modified, altered, or terminated without the written consent of the authorized representatives of the parties hereto. Section 13: Termination Clause Either party assigned hereto shall have the authority to terminate this Contract,with just cause,by notifying the other party by registered mail not less than thirty(30)days prior to the effective termination date. Section 14: Entire Agreement Statement This Contract contains the entire agreement between the Grantor and Grantee for providing assistance. There are no other written or oral agreements, understandings,or contracts that shall take precedence over the items contained herein,unless they have been made a part of this Contract per Section 12. Section 15: Term of the Agreement This agreement shall be in full force and effect from the date hereof and until the project is satisfactorily completed on or before September 30, 2022. IN WITNESS THEREOF,the parties hereto have caused this agreement to be executed as of the date indicated below. CITY OF WATERLOO By: Date: Executive Director or Board Chair/President WATERLOO HOUSING TRUST FUND(WHTF) By: L ��r4 Date: Eric Donat, Board President 5 Page 262 of 610 0 r n m 10, m °o m H a 2i to rat 0 y a (D ri ti I nd 0 0QRS on Op 00 07r on on N (o 0 )c H NF+• N N0 N NmNID NO NO NH NN 0 N 0 F' O Y0 33YM Y 'j�,0 N0 Nn n NW t9 n M aC o o sC aC H m ~p a01 H�C q H n H,4 M H O LC til w w W y m O J -j t+] H H W+ m q W 0 N ��-•i1 A H 0 J A m q (9 w I O O O O o y O q o 0 A Y m m W I o ff o 0 0 0 0 0 o H H -4 - w rn q oto o pp L� r�ICC EEbLyy off eeoq (-I o � r'IIH F� 'A �. 'F1A7i SUH i' Sb H '�.' 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I I I J I I rl A IN J A A til A A J A A ,( is A J iR A m Ul A JA A m[tea] I H A 0 -I m 0 m w O N A o N a 0 H p 0 H a n H a o to to o m Ln o NLn O N;U 1 N Ln H N N H J N H N Ln N N Ln N N LSI H N Ln H N Ln H Ln W Fi 00 H JA H LSI N I Ln w N C3 Ul o O nN Ln Ln N Ln Ln N Ln LP N Ln Ln N Ln Ln N LP Ln N 00 N LrLn N Ln 000 I O O 0 000 000 0 0 0 000 O 0 0 000 0 00 O O O 000 O 00 O x I 1 m I I J A a m iP A CO In A Ln A A Ln A A Lr _3 A J A A W A A J 00 A W 0Lri0 A J A A m I N J A N H A W N A m V A w J A Ln J A Ln J A LP J A m m A W m A til m A m CO A m N W m m W m m A m m A m m A m m A m m o m w W m til w m J•. A m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 0 000 O 0 o 000 000 O 'r.. a Page 263 of 610 CITY OF WATERLOO Council Communication Resolution approving request of Scott Ford for a waiver for a concrete approach located at 1661 Wakonda Drive due to right of way issues. City Council Meeting: 5/17/2021 Prepared: 5/4/2021 ATTACHMENTS: Description Type ❑ DW Waiver 1661 Wakonda Dr Backup Material SUBJECT: Resolution approving request of Scott Ford for a waiver for a concrete approach located at 1661 Wakonda Drive due to right of way issues. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Recommendation of approval by the City Engineer. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior Summary Statement: 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: GREENBRIER SECOND ADDITION LOT 10 Page 264 of 610 WAIVER .- Z cof-mC`� 4� Gate: Z z e Honorable Mayor and City Council L,9, D) LDCity Hall Waterloo, !A 50703 T`Mrfwd SI Wtf ' Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at concrete r asphalt) 3 (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. f ,� t y� Other.". i/4'�' GLPi Cc JAD ie.h e: I agree to the following: y 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. i 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. a 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, s 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 3 S. 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, f:kb Printed Name of Property Owner ignature of Prop rty Owner a i t Page 265 of 610 } CITY OF WATERLOO Council Communication Resolution approving request of Jessica Payne for a waiver for a concrete driveway, located at 3675 Cedar Terrace Drive, with the elimination of the sidewalk section due to inability to meet grade requirements. City Council Meeting: 5/17/2021 Prepared: 5/4/2021 ATTACHMENTS: Description Type ❑ DW waiver 3675 Cedar Terrace Dr Backup Material Resolution approving request of Jessica Payne for a waiver for a concrete SUBJECT: driveway, located at 3675 Cedar Terrace Drive, with the elimination of the sidewalk section due to inability to meet grade requirements. Submitted by: Submitted By:Jamie Knutson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 3675 Cedar Terrace Drive. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: I. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Descriptions: TRIANGLE TERRACE LOT 2 Page 266 of 610 WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 60703 S Council Persons: I hereby request a waiver to the driv way and sidewalk specifications for the construction i of a driveway or sidewalk located at concrete r 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), f 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. S. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Rr6perty Owner ji 4g—nure of Propert Owner CITY OF WATERLOO Council Communication Resolution approving request of Claire Lichty-Mastin for a waiver for a concrete driveway, located at 500 Magnolia Parkway(approach located on Upton Avenue), 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: 5/17/2021 Prepared: 5/4/2021 ATTACHMENTS: Description Type ❑ DW Waiver 500 Magnolia Prkwy Backup Material Resolution approving request of Claire Lichty-Mastin for a waiver for a SUBJECT: concrete driveway, located at 500 Magnolia Parkway (approach located on Upton Avenue), 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 Recommended Action: City right-of-way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions. l.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. Summary Statement: 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: GALLOWAY ADDITION WATERLOO LOT 61 Page 268 of 610 LO:�Q�J 0 V\, WAIVER / , ! Gate: L 5 tlt rOA 'v Honorable Mayor and City Council City Hall Waterloo, IA 50703 a Council Persons: s I hereby request a waiver to the Priveway and sidewalk specifications for the construction of a _ rcte_J e_1 T driveway or sidewalk located at I (concrete or asphalt) f (Address) This waiver is noedod 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: e 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. k 1 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. a 4. To employ a bonded contractor who shall obtain a-permit from the offic4 of the City Engineer. 6. To have the driveway constructed according to the specifications and policies of the City i Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. I Respectfully submitted, yl _ Printed Name of Prop rty Owner Signature of Property O ner y i Dawe 'DRQ o£6-1 n� CITY OF WATERLOO Council Communication Resolution approving award of bid to Peterson Contractors,Inc.,of Reinbeck,Iowa,in an amount not to exceed$8,639,212.15,and approving the contract,bonds, and certificate of insurance in conjunction with FY 2021 Shaulis Road Reconstruction-Hess Road to Hwy.218,Contract No. 1020,and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting:5/17/2021 Prepared:5/5/2021 ATTACHMENTS: Description Type ❑ Award Recommendation Letter Backup Material Resolution approving award of bid to Peterson Contractors.Inc..of Reinbeck.Iowa.in an amount not to exceed SUBJECT- $8.639,212.15,and approving the contract,bonds,and certificate of insurance in conjunction with FY 2021 Shaulis Road Reconstruction-Hess Road to Hwy.218.Contract No. 1020.and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Matt Schindel,Associate Engineer Summary Statement: Page 270 of 610 D8710 Earhart Lane SW I Cedar Rapids, IA 52404 D DD NRGREEWCOM Main 319.841.4000 + Fax 319.841.4012 HRGreen April 30, 2021 Jamie Knutson, PE City Engineer City of Waterloo, Iowa 715 Mulberry St. Waterloo, IA 50703 Re: F.Y. 2021 Shaulis Road Reconstruction— Hess Road to US-218 Waterloo, IA Dear Jamie: Bids were received at the City Hall in Waterloo, Iowa on April 29, 2021 for construction of the F.Y 2021 Shaulis Road Reconstruction project. We are providing herewith the tabulations of the bid received. The bid has been reviewed for completeness and accuracy. As a result of our review,the following determinations have been made: There was a discrepancy of $0.02 from the Total Quoted Amount ($8,639,212.17) and the Total Bid ($8,639,212.15). The Contractor submitted the City of Waterloo MBE/ WBE form however did not submit the T30007WP 7-97 Form for TSB. The total bid of $8,639,212.15 from Peterson Contractors, Inc. of Reinbeck, Iowa represents the low bid based on the results of the tabulations. This bid was 16% below the engineer's opinion of probable construction cost. The MBE/WBE amount to minorities is 6.6%. It is recommended the City and Iowa DOT accept the Peterson Contractors, Inc. low bid in the amount of$8,639,212.15. If you have any questions, or need further information, please let me know. Sincerely, HR GREEN, INC. Destry Schildmeier Project Manager 1 of 610 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 7, 2021 to approve proposed repairs, in conjunction with the 2021 Sidewalk Inspection and Repair Program—Zone 1, and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and instruct the City Clerk to publish notice. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 Resolution setting date of public hearing as June 7. 2021 to approve proposed repairs, in conjunction with the 2021 Sidewalk Inspection and SUBJECT: Repair Program—Zone 1, and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer I request that Council authorize the Engineering Department to notify the property owners of the necessary sidewalk repairs. I also request that Recommended Action: Council set June 7, 2021 as the date for a public hearing on the proposed repairs, for discussion on errors and omissions but not costs, and instruct the City Clerk to publish said notice. City staff has completed the sidewalk inspection for Zone 1 and calculated Summary Statement: the estimated repair costs for each affected property and are ready to notify property owners. Included in this notice will be an estimate of the repair cost, if included in an assessment program. Source of Funds: Property Owner Assessments Under Waterloo ordinance section 7-2A, property owners will be allowed 64 days from the date of notice to voluntarily repair their walk. Property owners, or their designated contractors, will be allowed to obtain sidewalk permits during that period. The final day to obtain a permit will be Tuesday, Background Information: July 20, 2021. All sidewalk repair construction will be required to be completed by Friday, July 23, 2021. Any unrepaired sidewalk remaining would then be included in an assessment program. The assessment program will be prepared immediately following period with construction let as soon as possible thereafter. Page 272 of 610 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with the FY 2021 Upton Avenue and Carriage Hill Drive Storm Water Improvements, Contract No. 1010, and instruct the City Clerk to publish notice. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 Resolution approving�relimina plans, specifications, form of contract, etc., setting date of bid opening as June 3. 2021, and date of public hearing SUBJECT: as June 7. 2021. in conjunction with the FY 2021 Upton Avenue and Carriage Hill Drive Storm Water Improvements, Contract No. 1010, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Summary Statement: Plans prepared by Stanley Consultants Expenditure Required: TBD Page 273 of 610 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with the FY 2020 Westdale Bioswale, Contract No. 997, and instruct the City Clerk to publish notice. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 Resolution approving preliminaryplans. specifications, form of contract, SUBJECT: etc., setting date of bid opening as June 3. 2021, and date of public hearing as June 7. 2021, in conjunction with the FY 2020 Westdale Bioswale, Contract No. 997, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Summary Statement: Plans prepared by Robinson Engineering Expenditure Required: TBD Page 274 of 610 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc., setting date of bid opening as June 3, 2021, and date of public hearing as June 7, 2021, in conjunction with the FY 2020 Westdale Bioswale Landscaping, Contract No. 1048, and instruct the City Clerk to publish notice. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 Resolution approving preliminaryplans. specifications, form of contract, etc., setting date of bid opening as June 3. 2021, and date of public hearing SUBJECT: as June 7. 2021, in conjunction with the FY 2020 Westdale Bioswale Landscaping; Contract No. 1048, and instruct the C4 Clerk to publish notice. Submitted by: Submitted By:Wayne Castle, PLS, PE,Associate Engineer Summary Statement: Plans prepared by Robinson Engineering Expenditure Required: TBD Page 275 of 610 CITY OF WATERLOO Council Communication Resolution approving support for submission of State Revolving Fund Intended Use Plan for the US Highway 63 South Interceptor Sewer Upgrade Project to the Iowa Department of Natural Resources. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ SRF INTENDED USE PLAN Hwy 63 South Backup Material Interceptor Project ❑ Memo to Mayor and Council Cover Memo Resolution approving support for submission of State Revolving Fund SUBJECT: Intended Use Plan for the US Highway 63 South Interceptor Sewer Upgrade Project to the Iowa Department of Natural Resources. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommend approval of Resolution supporting submittal of the US Hwy 63 Recommended Action: South Interceptor Sewer Upgrade Project to the Iowa Department of Natural Resources. Page 276 of 610 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION Application Packet Checklist Application Packet Instructions IUP Application Form SRF Real Property Assurance Form STATE The application for inclusion on the Clean Water State Revolving Fund (CWSRF) IUP can be submitted REVOLVING FUND only when the wastewater project is at the right stage of the construction permitting process. This packet outlines the requirements of the permitting process that must be met and includes the materials and information needed to complete the IUP application. Please use the checklist and instructions to make sure your application is complete before submitting it. APPLICATION PACKET CHECKLIST A. Construction Permitting Information --To Be Completed by Applicant For DNR Use Applicant Name City of Waterloo, Iowa 1. DNR Number(e.g. W2014-####or S2014-####) Yes ❑ No ❑ 2. DNR Project Manager Name Larry Bryant, P.E. Yes ❑ No ❑ 3. Project Identification: US Highway 63 South Interceptor Sanitary Sewer Upgrade-Phase I Yes ❑ No ❑ 4. Project Initiation Meeting Held (date) Yes ❑ No ❑ 5. Flows and Loads Concurrence by DNR (date or N/A) Yes ❑ No ❑ If N/A, state reason: N/A, Per Master Plan 2017 6. Wasteload Allocation Completed (date or N/A—see 5. above) N/A Yes ❑ No ❑ 7.Antidegradation Alternatives Analysis Required (if no,go to 8.) Yes ❑ No® Yes ❑ No ❑ 7a. Alternatives Analysis Approved by DNR (date or N/A) N/A Yes ❑ No ❑ 8.Three Copies of Certified Facility Plan Yes 0 Yes ❑ No ❑ 8a. If Already Submitted (submitted date) Certification Date: Yes ❑ No ❑ 9. Iowa Construction Permit Application Schedule A Yes 0 Yes ❑ No ❑ 10.Schedules F and G (if needed for the project) Yes ❑ N/A 0 Yes ❑ No ❑ If N/A, state reason: Improvement of Collection System, No New Treatment For DNR Use: The Applicant has followed the DNR Wastewater Construction Permitting Process and the project is eligible to be placed on the IUP pending review of the SRF information requirements. DNR Project Manager: Date: I I B.State Revolving Fund Information--To Be Completed by Applicant For SRF Use 11. IUP Application Signed Yes 0 Yes ❑ No ❑ 12. DUNS Number Included (note: Form 4700-4 no longer required) Yes ❑X Yes ❑ No ❑ 13. Property Assurance Form Signed Yes ❑X Yes ❑ No ❑ 14. SRF Environmental Review Checklist and Attachments Completed and Submitted Yes ❑X Yes ❑ No ❑ For SRF Use: The IUP application materials are complete. The application will be placed on the IUP (IUP Year), (IUP Quarter)with CWSRF Number CS1920 DNR SRF: Date: 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1t1F27 ' 6'10 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION INSTRUCTIONS ITEMS 1—9: Wastewater Permitting The Clean Water SRF Intended Use Plan Application will only be accepted when Items 1-9 have been completed through the Wastewater Construction Permitting Process of the DNR Wastewater Engineering SRF Section. Please refer to the Wastewater Permitting Process Manual for detailed information on these STATE steps. REVOLVING FUND 1. DNR Number(e.g. W2014-####or S2014-####):All wastewater construction projects are assigned unique numbers for tracking by DNR. A number beginning with W and the fiscal year indicates a Work Record. A number beginning with S and the fiscal year indicates a Project. 2. DNR Project Manager Name:A project manager from the DNR Wastewater Engineering Section is assigned to each project. 3. Project Identification:A brief description of the project is required in Design Schedule A, General Information. The project description must fall under the project scope established at the project initiation meeting. An accurate description is necessary because multiple construction contracts may have the same project numbers. 4. Project Initiation Meeting Held (date): A project initiation meeting must be held with the DNR, Owner, Consulting engineer(licensed professional engineer), and other parties. 5. Flows and Loads Concurrence by DNR (date): If flows and loadings will change due to the project,the DNR Project Manager must concur with the proposed design flows and loadings prior to preparing the Facility Plan. 6. Wasteload Allocation Completed (date): If a Wasteload Allocation is required for the project, it must be received by the Owner before preparing the Facility Plan. 7. Antidegradation Alternatives Analysis Required; 7a. Alternatives Analysis Approved by DNR (date): If an antidegradation alternatives analysis is required for the project, it must be approved by the DNR Project Manager before the Owner prepares the Facility Plan. If a Facility Plan is submitted prior to DNR approval of Antidegradation Alternatives Analysis, it will not be accepted for review. 8. Three Copies of Certified Facility Plan; 8a. If Already Submitted (date) and Certification Date:After completing all applicable planning steps as discussed above,the Facility Plan may be submitted to DNR. If three copies of the Facility Plan have already been submitted, please note the date submitted and certified and do not send additional copies. 9. Iowa Construction Permit Application Schedule A: Design Schedule A must be certified by both the Owner and the Consulting engineer(licensed professional engineer). It is required for all wastewater projects. Schedule A must indicate that Clean Water SRF financing will be requested to be considered as part of this IUP application. 10. Schedules F and G (if needed for the project): Schedule G provides Wastewater Treatment Plant project design information and Schedule F provides site information for treatment process site selection. ITEMS 11-14: Clean Water SRF 11. IUP Application Signed: The Intended Use Plan application must be signed by the Owner's authorized representative. 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1t1F27&bJ36)J 0 12. DUNS Number Included:The Dun and Bradstreet Number(DUNS)was collected as part of EPA 4700-4 form.That form is no longer required for SRF applicants. If the Owner does not have a DUNS number,go to http://fedgov.dnb.com/webform to request one. While loan recipients no longer have to fill out the 4700-4 form, it is important to note that they are still required to comply with Title VI of the Civil Rights Act of 1964.Title VI provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 13. Property Assurance Form Signed:This form is required whether or not the Owner currently intends to purchase land using SRF funds. Land for siting treatment facilities is an eligible cost as of October 1, 2014. 14. SRF Environmental Review Checklist and Attachments Completed and Submitted:The ER checklist outlines the information needed to start the SRF ER Services. Supporting materials may be requested to document funding requests and system needs. Please include the following items with your application: • Three official copies of the Facility Plan (unless previously submitted) • Iowa Construction Permit Application Schedules A(and F and G where applicable). • Materials included in Exhibit 5: SRF Environmental Review Checklist • Real Property Assurance Form with authorized signature Application materials should be sent to:srf-iupCc@dnr.iowa.gov Quarterly Application Deadlines For More Information about the Clean Water SRF IUP Application, contact Theresa Enright, 515-725-0498 or Theresa.enright@dnr.iowa.gov. 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1tF2791bJ36'10 CLEAN WATER STATE REVOLVING FUND INTENDED USE PLAN (IUP) APPLICATION FORM This form may be used to apply for inclusion on the project priority list of the Clean Water SRF IUP at the time a complete Facility Plan is submitted. IUPs are developed on an annual basis with quarterly updates as needed.This form is not an application for a loan.SRF loan application materials may be obtained at www.lowaSRF.com.The loan application should not be completed until after bids are received. Instructions: Complete the requested information in the following sections to the best of your ability. Please print or type the information on the form. If a particular item does not apply to your system, enter n/a for"not applicable." Attach supporting documentation as needed. Keep a copy of the completed application for your records, submit a copy to your engineer, and submit the signed form to the following e-mail address: srf-iup@dnr.iowa.gov For more information about the Clean Water SRF IUP Application, contact Theresa Enright at 515-725-0498 or Theresa.Enright@dnr.iowa.gov Section 1:Applicant and Consulting Engineer Information Applicant Name: City of Waterloo, Iowa Applicant Address: 715 Mulberry Street City: Waterloo State: IA Zip: 50703 Authorized Representative: Mayor of Waterloo, Quentin Hart Telephone Number: 319-291-4301 E-mail: mayor@waterloo-ia.org Signature: Title: Mayor *DUNS Number: 058005404 Consulting Engineer. Ross Hillsman, P.E. Firm: (specify branch where consulting engineer is located) AECOM Firm Address: 501 Sycamore Street,Suite 222 City: Waterloo State: IA Zip: 50703 Telephone Number: 319-232-6531 E-mail: Ross.Hillsman@aecom.com NPDES Facility No.: 0790001 Section 2: Project Schedule Anticipated final plans and specifications submittal date: July 15,2021 Anticipated construction start date: September 15,2021 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1tF289bJ36'10 Section 3: Brief Project Summary(Attach additional pages if necessary.) Describe the reasons for the proposed project: (i.e. specific water quality problem or system improvement) US Highway 63 portion of the Waterloo, Iowa sanitary sewer collection has been identified as an area that requires attention due to high wet weather flow rates, backups,and the condition of the sanitary sewer system infrastructure in the area. The primary objective of the US Highway 63 South Interceptor Sanitary Sewer Upgrade-Phase I and Home Park Boulevard neighborhood Sanitary Sewer Improvements project:To eliminate sanitary sewer and manhole surcharging in the area and improve the condition of the infrastructure. Describe the proposed project: (i.e., specific solution to the water quality problem, or proposed system improvement) Upgrade and increase the capacity of the sanitary sewer along US Highway 63 and provide a relief sewer from the Home Park Boulevard neighborhood to help mitigate backups during periods of high flow. The sanitary sewer upgrades along US Highway 63 are planned to be completed in three phases. Phase I is approximately 6400 LF along US Highway 63 and approximately 1500 LF for relief sewer to the Home Park Boulevard neighborhood. Which other funding programs are you considering to assist in completion of this project? (Check all that apply) ❑ Community Development Block Grant (CDBG) ❑ Rural Development Grant and/or Loan ❑ Reserve Funds ❑ Other: Compliance Status ❑ Has been referred to the Iowa Attorney General ❑ Has received administrative order from DNR ❑ Under compliance schedule in the NPDES permit 0 Other: City is under a Consent Decree by the US EPA and the Iowa DNR Section 4: Project Environmental Outcomes Primary Impacted Waterbody NHD Reach Code: Cedar River&Black Hawk Creek Designated Surface Water Uses (e.g.Al, BWW): Al,Class B(WW1),Class HH Project Will Contribute to Water Quality... (check one) ❑ Improvement FX-] Maintenance ❑ Not Applicable Project Will Allow the System to... (check one) ❑ Achieve Compliance 0 Maintain Compliance ❑ Not Applicable Project Will Allow the System to Address... (check all that apply) 0 Existing TMDL ❑ Projected TMDL ❑ Watershed Management Plan 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1tF28J4bJ36)J 0 Section 5: Project Cost Cost Category Estimated Total Cost in Legal Expenses 10,000 Land and Easements +10,000 Engineering Planning Fees + Engineering Design Fees +360,000 Engineering Construction Fees +391,000 Construction +3,753,000 Equipment + Other: + Other: + PROJECT SUBTOTAL =4,524,000 Contingencies +751,000 Planning and design loan proceeds, if rolling into construction loan + Less Any Funds Requested from Other Sources - LOAN SUBTOTAL =5,275,000 Loan Initiation Fee (Loan subtotal x.005) +26,375 TOTAL IUP REQUEST(Round to the nearest$1,000) =5,301,000 Section 6: Consultants Bond Counsel Firm: Ahlers Cooney Contact Person: Kristin Billingsley Cooper Mailing Address: 100 Court Avenue,Suite 600 City: Des Moines State: Iowa Zip: 50309-2231 Telephone Number: 515-246-0330 E-mail: kcooper@ahlerslaw.com Municipal Advisor Firm: Speer Financial, Inc. Contact Person: Maggie J. Burger Mailing Address: 531 Commercial Street,Suite 608 City: Waterloo State: Iowa Zip: 50701 Telephone Number. 319-291-2077E-mail: mburger@speerfinancial.com *Please provide these contacts if known at the time of application.The requirement to engage a Municipal(Financial)Advisor is new to SRF for projects starting in fiscal year 2015. 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1tF2821bJ36'10 Section 7:Acquisition of Property by SRF Applicants US ENVIRONMENTAL PROTECTION AGENCY ASSURANCE WITH RESPECT TO REAL PROPERTY ACQUISITION OF TITLE III OF THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AS AMENDED City of Waterloo The (Applicant) hereby assures that it has authority under applicable State and local law to comply with Section 213 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894 (42 U.S.C.4601) as amended by the Surface Transportation and Uniform Relocation Assistance Act of 1987,Title IV of Public Law 100-17, 101 Stat. 246-256 (42 U.S.C. 4601 note) and 49 CFR 1.48(cc); and certifies, assures and agrees that, notwithstanding any other provision set forth in the application. 1. For projects resulting in the displacement of any person: a. It will adequately inform the public of the relocation payments and services which will be available as set forth in Subparts A, C, D and E of 49 CFR 24. b. It will provide fair and reasonable relocation payments to displaced persons as required by Subparts D and E of 49 CFR 24. c. It will provide a relocation assistance program for displaced persons offering services described in Subpart C of 49 CFR 24. d. Comparable replacement dwellings will be available pursuant to Subpart F of 49 CFR 24, or provided if necessary, a reasonable period in advance of the time any person is displaced. e. In acquiring real property, it will provide at least 90 days written notice to each lawful occupant of real property acquired, stating the date such occupant is required to move from a dwelling or to move his business or farm operation. 2. For projects resulting in the acquisition of real property: a. It will fully comply with the requirements of Subpart B of 49 CFR 24. b. It will adequately inform the public of the acquisition policies, requirements and payments which apply to the project. c. It will make every effort to acquire real property expeditiously through negotiation. d. Before the initiation of negotiations it will have the real property appraised and give the owner or his representative an opportunity to accompany the appraiser during inspection of the property, except as provided in 49 CFR 24.102(c)(2). e. Before the initiation of negotiations it will establish an amount which it believes to be just compensation for the real property, and make a prompt offer to acquire the property for that amount; and at the same time it will provide the owner a written statement of the basis for such amount in accordance with 49 CFR 24.102. f. Before requiring any owner to surrender possession of real property it will pay the agreed purchase price; or deposit with the court,for the benefit of the owner, an amount not less than the approved appraisal of the fair market value of the property; or pay the amount of the award of compensation in a condemnation proceeding for the property. g. If interest in real property is to be acquired by exercise of the power of eminent domain, it will institute formal condemnation proceedings and not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of this real property; and h. It will offer to acquire the entire property, if acquisition of only part of a property would leave its owner with an uneconomic remnant. References to 49 CFR are citations to Title 49, Code of Federal Regulations, Part 24, published in the Federal Register Vol. 54, No.40, March 2, 1989. 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1tF283'36'10 This document is hereby made part of and incorporated in any contract or agreement, or any supplements and amendments thereto, relating to the above-identified application and shall be deemed to supersede any provision therein to the extent that such provisions conflict with the assurances or agreements provided therein. City of Waterloo (Legal Name of Applicant) By (Signature of Authorized Representative) (Date) 04/2020 cmc INVESTING IN IOWA'S WATER www.iowasrf.com PSg1tF2844bj36'10 SRF Environmental Review Checklist The following checklist outlines the information needed to start the SRF Environmental Review (ER) Services. Please provide the following to: srf-iup@dnr.iowa.gov f) *Environmental Review Services will not be initiated until after all items marked REQUIRED are received. SRF Applicant Name: City of Waterloo STATE REVOLVING FUND ✓ Other federal funding sources that will be used for the proposed project. (Check ALL that apply) X❑ No other federal funding sources are planned. ❑ CDBG • What amount was requested? $ • Has the funding amount been awarded? ❑Yes ❑ No • Who is preparing the environmental review documents for this funding source? Please provide contact information. ❑ USDA-RD • What amount was requested? $ • Has the funding amount been awarded? ❑Yes ❑ No • Who is preparing the environmental review documents for this funding source? Please provide contact information. ❑ Other: Please specify program • What amount was requested? $ • Has the funding amount been awarded? ❑Yes ❑ No • Who is preparing the environmental review documents for this funding source? Please provide contact information. ✓ The anticipated construction start date for the proposed project. (Check ALL that apply) X❑The anticipated construction start date on the current IUP application is correct. ❑The anticipated construction start date has changed from the date listed in the IUP application. • What is the new anticipated construction start date for the project? ❑The proposed project schedule is dependent on other funding source(s). • Will the construction start date be delayed if other funding is not awarded? ❑Yes ❑ No ❑The proposed project schedule is dependent on an existing compliance schedule. • What is the construction start date listed in the compliance schedule? 15 September 2021 ✓ A description of the current project scope including: what is proposed to be constructed, specific construction methods that will be used, estimated dimensions (length,width, depth) of excavated areas and the proposed construction schedule if construction will be phased (REQUIRED). To upgrade and increase the capacity of the sanitary sewer along US Highway 63 and provide a relief sewer within the Home Park Boulevard neighborhood to help mitigate backups during periods of high flow. The sanitary sewer upgrades along US Highway 63 are planned to be completed in three phases. Phase I is approximately 6400 LF and Home Park Blvd is approximately 1500 LF. 02/2021 cmc INVESTING IN IOWA'S WATER www.iowasrf.com Page 1 of 3 PSOL-F2654b 6631 0 ✓ Indicate if any of the following ancillary impacts will result from the proposed project. (Check ALL that apply) ❑Abandonment or demolition (partial or entire) of existing building/structures ❑ Borrow pits ❑X Staging areas for equipment and materials 0 Temporary and/or permanent easement areas 0 Pavement replacement(street, driveway, sidewalk) ❑ New access for roads/utility lines ✓ A recent aerial map with the marked boundaries of the project area.The map should also include labeled location(s) of all proposed construction boundaries (include any ancillary impacts listed above as applicable). If a specific area has yet to be defined, please mark a larger area that will include the final project area. 0 An aerial map of the project area map is included (REQUIRED): • What is the approximate size of the total project area? 25.9 acres • How much of the total project area will be impacted by ground-disturbing(excavation,grading, tree removal, etc.) construction activity? 25.9 acres 0 A site sketch of the project area map is included with the following(REQUIRED): • All locations of ground disturbance and staging areas marked • North arrow • A minimum of one labeled street ❑ Shape files have been provided ✓ Photos with a descriptive caption (include location & direction) of the project area showing current land use and 13 habitat. 0 Photos with captions are included (digital files are preferred). ✓ Indicate which of the following impacts are anticipated as a result of the proposed project. (Check ALL that apply) ❑ Demolition, abandonment or rehabilitation of any building/structure over 50 years old. Picture(s) showing the interior and exterior fagade of the building/structure should be provided. Provide the following information for each building/structure over 50 years old that will be impacted. • What year was the building/structure originally constructed? If the exact year is unknown, provide an estimate(REQUIRED). • What material(s) is the building/structure made of? • Have any additions or substantial alterations to the building/structure occurred? If so, describe what was done and when. ❑ Brick sewers or street surfaces will be disturbed by construction activity. • Has a historic context(including Iowa Site Inventory Forms) been prepared for the brick sewers/street surfaces? ❑Yes ❑ No • Describe any planned steps to minimize adverse effect to the brick sewers/streets. ❑ Existing prairie will be disturbed by construction activity. r=1 • How much prairie will be disturbed? acres • Has a floral study been conducted of the prairie area? ❑Yes ❑ No • Describe any planned steps to minimize adverse effect to the prairie. 02/2021 cmc INVESTING IN IOWA'S WATER www.iowasrf.com Page 2 of 3 PSOL-F26OW6310 ❑Trees (greater than 4" diameter breast height)will be removed. n • Will tree removal occur between October 1 and March 31 to avoid impacting federally threatened or endangered bat species during the summer maternity period? ❑ Yes ❑ No ❑Wetlands will be disturbed by construction activity. • How much of the wetland area will be permanently impacted? acres • Has a Joint Application been submitted to determine permit requirements? ❑ Yes ❑ No **In the interest of keeping your project on schedule, SRF recommends submitting the Joint Application prior to or immediately following the submission of this document. ❑ Planned stream/creek crossings. 13 • What is the name of the stream/creek crossing? • What construction method(s) are planned for the crossing? • Will excavation activity take place to the bed, bank of the stream/creek? ❑ Yes ❑ No • Has a Joint Application been submitted to determine permit requirements? ❑ Yes ❑ No ❑X Planned work within a mapped 100-year flood plain. • What construction activity is planned within the flood plain? Installation of Sewer, Replace to Existing Grade • If ground disturbance will occur, will pre-construction contours be restored after construction activity is completed? ® Yes ❑ No • Has a Joint Application been submitted to determine permit requirements? ❑ Yes ® No ❑ Planned work within state or federal owned and/or managed land. • What construction activity is planned within state/federal land? • Has a Joint Application been submitted to determine permit requirements? ❑ Yes ❑ No ❑ Farmland will be permanently converted to non-agricultural uses. • What is the total size of the farm unit(s) that contains the project area? acres • How much of the project area has been farmed (managed for a scheduled harvest or timber activity) more than 5 of the last 10 years? acres • How much of the project area will be permanently converted from agricultural use as a result of the proposed project? acres ✓ Landowner permission is required for archaeological survey on private property, if needed. *Please note that archaeological survey will not begin until this permission is obtained. ❑Yes, landowner permission has been obtained (documentation is provided). LJ • Does the landowner(s) have any specific requests or requirements for archeological work to be conducted (for example, before/after harvest)? acres ❑ No, landowner permission has not been obtained at this time. • When is landowner permission anticipated to be obtained? 02/2021 cmc INVESTING IN IOWA'S WATER www.iowasrf.com Page 3 of 3 PSOL-F2674b 6631 0 User Name:ChriatensenBI Data Saved:5/4/2021 2:15:17 PM Document Path:P:\60651387\900-CAD-GIS\00-Hwy 63 PH 1 SRF\IUP Exhibit 5 Hwy63 S Ph 1.mxd % U) (D 0 % CL M Z -U -U -n ID CL 9 N 73 0 0 0 0 CL > 0 C CD n M -n C) C CL 0 C/)10 C,)*z co O ,-n M 0 :3 r >;00>-4 < CD 0 IT (D CD 0 Z Ph 0 X m m Z ;U I it Scott Ave. 0 cl� m z > < 0 > C)CD Gloria Dr. Cn C) rn >* Cn Kate St. C) m 0 m X0 m 00 0 Muncy Ave. --1 Movilla St. 550 cf z K1 M 2 z M M w M G)M C, I R: -- - 0 M n ��: In--I -n M 0 >> CD X 0 X-0 0 (� -<X 0 Z Z C'DC)0 > m U) > o --to 0 C < 0 m C: r 17, 0 Ile Dr. w ru m *M M, m A 0 Z ;U 5-)0 --I ,'a Westview Ave. z sledM JU 0 Ansbor tugffAvei 0 >1 z co m DO 0 ortOn St. Lillian Ln. < m 1- O m I Cn 0 n m--I T 0011 X 0 jC]@JJqSU0A@DPh zz 0 z K 0>-n M M � --1 19 ZXO Orange Grove v - Co > rn 0 m z XD 0 sir .t T r- U)F,-V m C ip�j aj!LlsdW2H m X Sheridan Rd. a; azzz� he!`Ave. Columbia Ci, m 0 idstock Rd. d, w Lawnhill Ave. E:� 73 M M oi n > �7, > > 0-nuon Z27 Euclid Ave. 3 fir= K M �3 ., 5� ;a 7i ,�* 5; gelid. < Cn ci 0 w-� r- T. Clough St. m ;:ME 0. >M, (1) m > Z, t Rd. 03 m Chicago St. St. 03 �10 AG:zLn Wa. a. C 0 m Moir St. Moir St. -4 Cf) 0 om 0 M Or -n ID E I m U) @ Lovejoy Ave. q >xm a Marsh St. >I cD ,0 > CO m;o z ire Rd. 0 Graceline Blvd. < U) Kimball Ave M Sullivan Ave. Sullivon Ave. Z any JeAlIInS Page 2818 of 610 q J Y he 1 Facing North along Fletcher Ave 2 Orange Grove Road(Alley)between Home Park Blvd and W 3rd Street,Facing West from Fletcher Ave t 4$, r � i -aaar3.F�•_ — 3 Orange Grove Road(Alley)between Home Park Blvd and W 3rd Street,Facing West at Drexel Ave 4 Orange Grove Road(Alley)between Home Park Blvd and W 3rd Street Facing West past Vernon Ave Page 289 of 610 n. is r - I e . 5 W 3rd and US Hwy 63 Intersection,Facing North 6 W 3rd and US Hwy 63 Intersection,Facing South u r T 7 US Hwy 63 Facing South,Directly West of Home Park 8 US Hwy 63,Facing South,Coming upon Ansborough Blvd Intersection Page 290 of 610 a t us: 9 Ansborough Ave& US Hwy 63 Intersection,Facing Southwest s✓� k IL 10 US Hwy 63 Facing South,Directly West of Carrington R Ave u: 11 Ansborough Ave South of US Hwy 63 Intersection,Facing West 12 US Hwy 63 Facing South,Near Upland Drive Page 291 of 610 � 7 r F ja Y 13 US Hwy 63 Facing South,Directly West of 14 US Hwy 63 Facing South,North of Martin Road Meadowbrook Lane e' ;+ 16 US Hwy 63 Facing South,Directly West of Jane Street 15 US Hwy 63 Facing South,Directly West of Celebration Church Page 292 of 610 Iowa Department of Natural Resources Wastewater Section ❑ Construction Permit Application SCHEDULE A, Construction Permit Application Exhibit 11A APPLICANT I ENGINEER Owner: City of Waterloo Firm: AECOM Address: 3505 Easton Avenue,Waterloo, Iowa 50702 I Address: 501 Sycamore Street,Waterloo, Iowa 50703 IRepresentative: Randy Bennett I Project Officer: Ross Hillsman, P.E. I Phone Number: 319-291-4553 I Phone Number: 319-232-6531 IEmail: randy.bennett@waterloo-ia.org I Email: Ross.Hillsman@aecom.com I Project Identification: US Highway 63 South Interceptor Sanitary Sewer Upgrade-Phase I IEstimated Start Date*: 09-15-2021 Estimated Completion Date: June 2023 I PLEASE RESPOND TO ALL QUESTIONS Yes No 1. Has an engineering report,facilities plan or other information previously been submitted for this project? ❑X ❑ If Yes: Project Identity: Waterloo-Master Plan Date Submitted: December,2017 2. Does the project and construction permit application,as submitted,follow the recommendations, design loadings, ❑X ❑ construction schedule, permit limits, and conclusions of the approved engineering report or facilities plan? If No: Provide the design basis and technical information justifying all changes. 3.Are there three complete sets of plans and specifications accompanying this application? ❑X ❑ For a minor gravity sewer extension within the meaning of 455B.183.3 Code of Iowa and Design Standard 11.1,two complete sets will be adequate for expeditious approval. For more complex projects,three sets of plans and specifications may be requested. 4.Are approved standard specifications a part of this application? ❑ ❑ If Yes: Approved Standard Specifications of (municipality or firm): Iowa SUDAS-2021 Edition Date Approved: 5. Does each set of plans and specifications or engineering report accompanying this application contain a ❑ ❑ "professional engineering seal"executed in conformance with 54213.16, Code of Iowa? If No: Processing will be delayed pending receipt of applicable design schedules and certified plans,specifications or engineering report. 6. Is this a joint wastewater and water supply project? ❑ Q If Yes: A construction permit application for the water supply project should be submitted separately to the Water Supply Section.A Water Supply permit fee may be required. 7. Is the applicant to provide treatment of effluent resulting from this construction? ❑X ❑ If No: A Sewage Treatment Agreement executed by the authority providing treatment must accompany this form. 8. Is a new or amended operation permit necessary to use the facilities described in this application? ❑ X❑ If Yes: A new or amended permit to operate may be requested prior to the receipt of a construction permit. 9. Is any waterline located within 10 feet; or any private or public well, lake, or public recreation area located within ❑ ❑X 400 feet of the proposed construction? If Yes: Identify and locate the facility(ies) relative to the proposed construction. 10.Will construction inspection be conducted by a licensed engineer employed by the applicant? F ❑ If No: Name of Engineering Firm Conducting Inspection: AECOM 11.Will this project utilize CWSRF loan funds? Q ❑ CERTIFICATION APPLICANT ENGINEER I certify that I am the authorized representative of the owner I certify that all aspects of the design included in this application and state that the project identified above is approved by the conform to applicable standards contained in Chapter 567 IAC owner. 64,or that an explanation and justification for any proposed variations from such standards is attached. I am familiar with the information contained in this application and,to the best of my knowledge,such information is complete and accurate. Signature Date Signature Date *Estimated Construction Start Date:Complete applications must be submitted at least 120 days in advance of the date for starting construction in accordance with Rules 567 IAC 60.4 and 64.2 Please complete the Schedule Checklist on the following page of this form. pp9a9�ryRp t�Qq 9; 0�j 04/2016 cmc DbRFdPrPf 542''�2Qf28A1 0 DOCUMENT CHECKLIST Identify all categories included in this project.Also, identify schedules attached to this application. Schedule Title Attached Included in Project Submittal Date B Collection System ❑ ❑X C Lateral Sewer Extension ❑ ❑ D Trunk&Interceptor Sewer ❑ ❑ E Wastewater Pump Station ❑ ❑ F Treatment Project Site Selection ❑ ❑ G Treatment Project Design Data ❑� ❑ H1 Schematic Flow Diagram ❑ ❑ IH2 Treatment Process Loading and Removal Efficiency ❑ ❑ IH3 Mechanical Plant Reliability ❑ ❑ II Screening, Grit Removal and Flow Measurement ❑ ❑ IJ Septic Tank System ❑ ❑ IK1 Controlled Discharge Pond ❑ K2 Aerated Pond ❑ ❑ K3 Anaerobic Lagoon ❑ ❑ L Setting Tanks ❑ ❑ M Fixed Film Reactor-Stationary Media ❑ ❑ N Rotating Biological Contactor ❑ ❑ O Aeration Tanks or Basins ❑ ❑ P Gas Chlorination ❑ ❑ Q Sludge Digestion and Holding ❑ ❑ R1 Sludge Dewatering and Disposal ❑ ❑ R2(A&B) Low Rate Land Application of Sludge ❑l ❑ R3 Land Application of Sewage Sludge(To be developed) ❑ ❑ S Land Application of Wastewater(To be developed) ❑ ❑ Sewage Treatment Agreement ❑ ❑ Identify any categories included in this project which are not provided in the above list of schedules. 11/2015 cmc DbR99R5432''3-i29;f2011 0 IOWA DEPARTMENT OF NATURAL RESOURCES CASHIER'S USE ONLY 0945-542-NPDE-CP-0570 Wastewater Disposal System Construction Permit 32-3202 Application Fee Form Owner Owner Name: City of Waterloo, Iowa Address: 3505 Easton Avenue City, State, Zip: Waterloo, Iowa 50702 Project Identification: US Highway 63 South Interceptor Sanitary Sewer Upgrade - Phase I ® $100 Fee enclosed Please sign and return this form with a check or money order payable to "Iowa Department of Natural Resources". Place it and the check or money order on top of other Construction Permit Application documents. Effective beginning July 1, 2006, Applications for Construction Permits for wastewater disposal systems required by Iowa Code 4556.173 and rules in Iowa Administrative Code 567 IAC 64, must be accompanied by the fee required by Iowa Code 4556.197 and Iowa Administrative Code 567 IAC 64.16(3)"c". The fee is $100 for each application, regardless of project size and project type including sanitary sewers, pump stations, treatment units or a combination thereof. The fee shall be submitted with the certified engineering documents necessary to apply for a construction permit (plans, specifications and related application schedules A, F, and G as well as the appropriate schedules indentified on page 2 of Schedule A). The construction permitting process is initiated as planning for construction begins. Planning coordination and submittal of preliminary engineering reports or facility plans precedes submittal of technical documents necessary to constitute a construction permit application. The application fee is not necessary when submitting a planning document but must accompany construction permit application documents. A fee should accompany each permit application received on or after July 1,2006. Failure to submit a fee with the application may delay the processing of a construction permit. If you have any questions regarding the application fee, please contact Donna Gomm at 515-725-8427 or Donna.Gomm@dnr.iowa.gov Signature of Owner or Representative: Printed Name: Telephone or email contact: Mail to: Iowa Department of Natural Resources Wastewater Engineering Section 502 East 9t"Street Des Moines, IA 50319-0034 11/2014 cmc DNR Form 542-1245 Page 295 of 610 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. •Waterloo, IA 50702 • (319) 291-4553 • • Brian Bowman, Operations Supervisor May 5, 2021 Memo to Waterloo Mayor and City Council: RE: Support Resolution, Submittal of Intended Use Plan to the Iowa Department of Natural Resources for US Hwy 63 South Interceptor Sewer Upgrade Project Background Discussion: In recent years, there has been a large amount of growth along the US Highway 63 corridor in the south part of Waterloo. The sanitary sewer flows generated by this development have increased, causing the undersized existing sanitary sewer lines to create Sanitary Sewer Overflows during storm events. Also, the Home Park Boulevard neighborhood has experienced high sanitary flows with basement backups last summer during large storm events. The intent of this project is to upgrade and increase the capacity of the sanitary sewer along US Highway 63 and provide a relief sewer from the Home Park Boulevard neighborhood to help mitigate backups and Sanitary Sewer Overflows during periods of high flow. The City of Waterloo entered into Professional Services Agreement with AECOM for a Phase I Preliminary Engineering Report for a new interceptor sewer serving the Highway 63 south corridor on July 13, 2020. A Supplemental Agreement No. 1 for Final Design and preparing plans, specifications and contract documents was executed in January 2021. As the design is being finalized, it is necessary to get this project submitted to the Iowa Department of Natural Resources and approved as part of our Intended Use Plan which will enable the project to be eligible for the State Revolving Fund Recommended Action: It is recommended that the City Council approve the resolution supporting submittal of the US Hwy 63 South Interceptor Sewer Upgrade Project to the Iowa Department of Natural Resources to be added to our Intended Use Plan for the next submittal deadline of 6/1/2021 Page 296 of 610 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 7, 2021 to approve a request by St. Martin Land Co., on behalf of CPM Acquisition Corp., for a Site Plan Amendment to the"M-2,P"Planned Industrial District, for construction of a 140,000 square foot Manufacturing/Office/Warehouse facility with future additions of 30,000 square feet, for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road, and instruct the City Clerk to publish notice. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type U Council Packet Backup Material U Legal Description Backup Material Resolution setting date of public hearing as June 7. 2021 to approve a request by St. Martin Land Co., on behalf of CPM Acquisition Corp.. for a Site Plan Amendment to the"M-2.P"Planned Industrial District, for SUBJECT: construction of a 140.000 square foot Manufacturing/Office/Warehouse facility with future additions of 30.000 square feet, for a total of 170.000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road, and instruct the City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The applicant is requesting to construct a 140,000 square foot Office/Warehouse with future additions of 30,000 square feet and a storage Summary Statement: yard. The item will be reviewed by the Planning and Zoning Commission at their regular meeting on May 11th, and their recommendation will be reported at the hearing. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development and Land Use. The request to construct the new office/warehouse would not appear to have a negative impact upon the surrounding area as it would appear to be compatible with other industrial development in the area. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. The site is served by Leversee Road which is a collector and will also be served by an extension of East Lake Street which is a local street. There are no recreational trail located near the site and no sidewalks in the Page 297 of 610 area. The area of the proposed plat is zoned "M-2,P"Planned Industrial District and has been zoned as such since the adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North—Waterloo Regional Airport and farmland zoned "M-2,P"Planned Industrial District. South— Waterloo Regional Airport and farmland zoned "M-2,P"Planned Industrial District East— Waterloo Regional Airport zoned "M-2,P"Planned Industrial District. West—Residences and Agriculture zoned in the City of Cedar Falls "M-1" Light Industrial and "A-l"Agricultural. No buffers would be required as a part of this site plan amendment. It will be necessary that a storm water detention plan is submitted, as well as a S WPPP to the Engineering Department for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. A home built in 1910 and industrial development built between 2011 and 2014 are the only developments in the immediate vicinity. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0167F dated July 18, 2011. There is no schools located in the vicinity of the request. The nearest open space is Big Woods Lakes Recreation area located 1/2 mile to the west and George Wythe State Park is located 1.79 miles to the south. Utilities are being extended into the area. The Future Land Use Map designates this area as Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is proposing to build a 140,000 SF Office/Warehouse with Background Information: fixture additions of 30,000 square feet for a total of 170,000 square feet of Manufacturing/Office/Warehouse plus a storage yard in the Waterloo Air and Rail Park. The site plan shows 107 parking spaces. Warehouses require 1 space for each two person regularly employed on the premises and the office space which is 20,000 square feet will require 1 parking space for each 300 square feet of floor area which translates to 66 parking spaces. 5 of the parking spaces will be required to be handicapped parking spaces. The building will also have 4 loading docks on the west side of the building and 4 loading docks on the south side of the building and there are 5 additional semi-truck parking spaces shown to the north of the west side loading docks. The warehouse exterior will be metal siding with the office section composed of horizontal metal panels and precast panels. The proposed site plan amendment area is designated as Zone D within the Black Hawk County Waterloo Airport Land Use and Height Overlay Review area. No impacts are anticipated regarding the proposed land use for the building. Therefor all conditions are met. During Tech Review, the fire department noted that if the building is over 30' then there will need to be aerial access which will be addressed in the Page 298 of 610 building permitting process. The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request by St. Martin Land Co on behalf of CPM Acquisition Corp. for a Site Plan Amendment to the"M- 2,P"Planned Industrial District for construction of a 140,000 SF Manufacturing/Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. 4. The request would bring additional industrial development and jobs to the city. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. The West '/2 of the Southwest '/4 of Section 32, Township 90 North, Range Legal Descriptions: 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa except road. Page 299 of 610 May 11,2021 REQUEST: Request by St. Martin Land Co on behalf of CPM Acquisition Corp. for a Site Plan Amendment to the "M-2,P" Planned Industrial District for construction of a 140,000 SF Manufacturing/Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road. APPLICANT(S): St. Martin Land Company, 115 3rd Street #806, Cedar Rapids, IA 52401 GENERAL The applicant is requesting to construct a 140,000 square foot DESCRIPTION: Office/Warehouse with future additions of 30,000 square feet and a storage yard. SURROUNDING The request to construct the new office/warehouse would not LAND USES AND appear to have a negative impact upon the surrounding area IMPACT ON as it would appear to be compatible with other industrial NEIGHBORHOOD: development in the area. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. The site is served by Leversee Road CONDITIONS: which is a collector and will also be served by an extension of East Lake Street which is a local street. RELATIONSHIP TO There are no recreational trail located near the site and no RECREATIONAL sidewalks in the area. TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY The area of the proposed plat is zoned "M-2,P" Planned FOR SITE AND Industrial District and has been zoned as such since the IMMEDIATE VICINITY: adoption of Ordinance No. 4077 on March 13, 1995. Surrounding land uses and their zoning are as follows: North —Waterloo Regional Airport and farmland zoned "M-2,P" Planned Industrial District. South — Waterloo Regional Airport and farmland zoned "M- 2,P" Planned Industrial District East —Waterloo Regional Airport zoned "M-2,P" Planned Industrial District. West — Residences and Agriculture zoned in the City of Cedar Falls "M-1" Light Industrial and "A-1" Agricultural. BUFFERS/ No buffers would be required as a part of this site plan SCREENING/ amendment. LANDSCAPING REQUIRED: DRAINAGE: It will be necessary that a storm water detention plan is submitted, as well as a SWPPP to the Engineering Department SPA-Across from 2322 Leversee Road Page 1 of Page 300 of 610 May 11,2021 for review and approval. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water detention techniques are put in place. DEVELOPMENT A home built in 1910 and industrial development built between HISTORY: 2011 and 2014 are the only developments in the immediate vicinity. FLOODPLAIN: No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0167F dated July 18, 2011. PUBLIC /OPEN There is no schools located in the vicinity of the request. SPACES/ SCHOOLS: The nearest open space is Big Woods Lakes Recreation area located 1/2 mile to the west and George Wythe State Park is located 1.79 miles to the south. UTILITIES: WATER, Utilities are being extended into the area. SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial. COMPREHENSIVE The proposed site plan amendment would be in conformance LAND USE PLAN: with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is proposing to build a 140,000 SF ZONING Office/Warehouse with future additions of 30,000 square feet ORDINANCE: for a total of 170,000 square feet of Manufacturing/Office/Warehouse plus a storage yard in the Waterloo Air and Rail Park. The site plan shows 107 parking spaces. Warehouses require 1 space for each two person regularly employed on the premises and the office space which is 20,000 square feet will require 1 parking space for each 300 square feet of floor area which translates to 66 parking spaces. 5 of the parking spaces will be required to be handicapped parking spaces. The building will also have 4 loading docks on the west side of the building and 4 loading docks on the south side of the building and there are 5 additional semi-truck parking spaces shown to the north of the west side loading docks. The warehouse exterior will be metal siding with the office section composed of horizontal metal panels and precast panels. The proposed site plan amendment area is designated as Zone D within the Black Hawk County Waterloo Airport Land Use and Height Overlay Review area. No impacts are SPA-Across from 2322 Leversee Road Page 2 of Page 301 of 610 May 11,2021 anticipated regarding the proposed land use for the building. Therefor all conditions are met. During Tech Review, the fire department noted that if the building is over 30'then there will need to be aerial access which will be addressed in the building permitting process. STAFF ANALYSIS — The applicant is not proposing to subdivide the property. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request by St. Martin RECOMMENDATION: Land Co on behalf of CPM Acquisition Corp. for a Site Plan Amendment to the "M-2,P" Planned Industrial District for construction of a 140,000 SF Manufacturing/Office/Warehouse with future additions of 30,000 square feet for a total of 170,000 square feet of Office/Warehouse and a storage yard located across from 2322 Leversee Road, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would not appear to have a negative impact upon the surrounding area and would be compatible with surrounding development. 4. The request would bring additional industrial development and jobs to the city. And with the following conditions(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, screening, drainage, etc. SPA-Across from 2322 Leversee Road Page 3 of Page 302 of 610 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 W-DUNKERTON RD w w M-2,P w w J G5�07- 0? Z �0? IS \.�MIDPORT BLVD- J m Q M-17 Z WAIRLINEHWY SUPl�1C� WAY-i" rn rGERP�l RIITTFRNI IT I NG)>HAZELWOOD LN LI i6 .,1Q.z NE RD BROgpW, ysT N Across from 2322 Leversee Road W .E Site Plan Amendment to "M-2,P" s St. Martin Land Co Feet Page 303 of 610 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 Pli LAvt' Waterloo Regional Airport �I KLLJ , W W J q �J rtu -- -- Location of Proposed Office/Warehouse Future Extension of East Lake Street N Across from 2322 Leversee Road W .E Site Plan Amendment to "M-2,P" s St. Martin Land Company 250 125 0 250 Fee` Page 304 of 610 ri 0 4- WARP DRIVE LONE TREE ROAD ^ +;.- a' - EXTENSION ° icy= AR C H I T I C T U R I - = P.O.Box 1240 Cedar Falls,IA 50613 319.277.5636 319.277.5639 fax leviarchitecture.com ©Copyright 2021 Drawings&specifications,ideas, designs,&orrangements represented me&sholl remain the property of •y I I the architect If no part sholl be copied or disclosed to others or �. used in connection with any work or project other than the specified project for which they have been c `v •• preared without the n ten consent of the architect.Visual contact with these drawings&specifications shall constitute conclusive evidence of acceptance of these restrictions. . . O p/v _.o. S r I 9.96 ACRES +I I (434,000 SF) I . I PROPOSED ADDITION \ 20,000 SF s �• - - I 80'X250' - - - - 20 ACRES , -1--fi-rt- (871 ,200 SF) 120,OOOS =3 ��� --�-- r i _ I m ® PROPOSED —— — I J C.) _ CU ADDITION _ > _ 10,000 SF 80'X125' x-x I L O 0 I - - - - •• ` O L M W I� V) � � cn luul�l k • x x .I A1 ,00 - - -- - - - - - - - - - - - Date: w 11 021 SIH PLAN . , - - _ _ - _ April� A r 9 2 v ........... E LAKE STEET _ S c c l e: 1n — 200'-0" Plat J,.305 Of 610 (FUTURE EXTENSION) St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloo) Iowa NORTH ELEVATION SOUTH ELEVATION EAST ELEVATION SIGNAGE ---- ------------------------- -- - WEST ELEVATION Page 306 of 610 ha CH 111 CTURI St. Martin Land Company Manufacturing Development MidPort America Business Park Waterloos Iowa CORRUGATED MTL.PANELS,TYP. PREFIN.SHT. MTL.COPING,TYP. PEMB PANELS,TYP a WALL WALL ACM PANELS,TYP. I NA tiw•o — BLACK ANODIZED STOREFRONT BLACK ANODIZED ALUM. DOOR& BLACK ANODIZED ALUM. ACM PANELS,TYP.\\N- PRECAST PANELS,TYP. ACMPANELS,TYP. J FRAMING&THERMAL GLAZING,TYP. STOREFRONT FRAMING,TYP. WINDOW FRAMING& THERMAL GLAZING,TYP. WEST ELEVATION IV L V1 St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa ------------------ - --------- ---------------------------------------------------------------------------------------------------------------------------------------------------------- T.O.WALL +32'-0" PREFIN.SHT.MTL. PEMB PANELS,TYP. PRECAST PANELS,TYP. CORRUGATED MTL. PANELS,TYP. ACM PANELS,TYP. COPING,TYP. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------T.O.WA - ----------------------------- -- - --------- ------ - +23'-0 ` T.O.WALL +22'-0•' ACM PANELS,TYP. BLACK ANODIZED STOREFRONT FRAMING& THERMAL GLAZING,TYP. - - MAIN FLOOR 0'-0' BLACK ANODIZED ALUM.DOOR& STOREFRONT FRAMING,TYP. NORTH ELEVATION LV 'I L Page 308 of 610 AR CH 111 CTURI St. Martin Land Company ManufacturingDevelopment MidPort America Business Park Waterloo) Iowa T.O.WALL +32'-0"------------------------------------------------------------------------------------------------------------------------------------------------------------------ - - - -- PREFIN.SHT. MTL.COPING,TYP. PRECAST PANELS,TYP. ACM PANELS,TYP. PREFIN.SHT.MTL.COPING,TYP. PEMB PANELS,TYP. 11 it Illi T.O.WALL +23'0"- - - ------------------- - - -------------\------ -----------------__----- ----------------------------------------- --- ----------------------------- ----------------------- ------------------------------------------------------------- ---- Y ---------------------- V.O.WALL +22'-0" - - CORRUGATED MTL.PANELS,TYP. N ACM PANELS,TYP. - - --------- Iwo BLACK ANODIZED STOREFRONT FRAMING W/ THERMAL GLAZING,TYP. MAIN FLOOR BLACK ANODIZED ALUM. DOOR& STOREFRONT FRAMING,TYP. SOUTH ELEVATION LV 'I L Page 309 of 610 ARCHITICTURI Site Plan Amendment — Across from 2322 Leversee Road Looking north from East Lake Street. Looking northeast from Leversee Road and East Lake Street. Page 310 of 610 r, I S 9 is Looking at home across from location of Site Plan Amendment. t Looking west along East Lake Street. Page 312 of 610 APPLICATION SITE PLAN AMENDMENT TO A "R–P", "M–P", "C–P", "B–P", "S-1" OR "C–Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment EL✓ Individual Building Minor change (check one)(Minor Change must be approved by staff) 1.APPLICATION INFORMATION: ' 1 a. Applicant's name(please print): & MWI-1N I-Wi �o�p9•yy. o ,, 6.�.!-1'•cr CPM.Ac4%jSfne4✓CAP Address: itS V ST- s/doc Phone: 319 -38i-166SSY Fax: City: CL t 61' State:_ SA Zip: S`�,1/61 Email: b. Status of applicant:(a)Owner (b)Other_k (CHECK ONE): If other explain: SM Mgoq.✓ As .N-_ Lc f' se_, A--b iZl�:iy7�At. C���R; Cps 4S Lc'5.ss7a c. Property owner's name if different than above(please print): C.TTI° OF wJJFWx Address: 705' Mht-o ZY <T- Phone: 3iy,J_r-11- 61Y1 Fax: City: QAI- r, State: "ice Zip: Email: c--%tW gcJ-,LAG -k%.c ei 2. PROPERTY INFORMATION: a. General location of site plan to be amended: IUt:" a4s C!RNGA cr R\) 419 S. W,l F STk),Er—T (Eti-ruAL6 JZ--h0 . b. Legal description of property or portion to be amended: WATa: ktot ?v0.!-D R 4)L- Ao p l TrcAy a "T- Y (�� h,Vtrrj /M'9 tcT s' (le 4c pdj c. Dimensions of proposed site plan amendment: Lor-S` �. x SLS;'is d. Area of proposed site plan amendment: LoT If- 'je,hcom6S I, 4c1A ba. e. Current zoning: ti -jZANy� f. Reason(s)for site plan amendment and proposed use(s)of property: 75 5vf�xcwj- L=�s�NiAt_ WWt�44?1,41aM` FF-'AhSW CP#A FACIi►rr- OR-5 cc-, C%0,f4w-14-wOF4j g. Conditions(if any)agreed to(does not affect existing conditions unless specified): $� h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of S200(for new or overall amendment),$100(for individual Building),or$0(for minor change)(payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning ramming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned a tori it Zoning Officials to enter the pro rty in question in regards to the request. 4-tR1(_-D�( -_ Z/ Signature of Applicant Date Signature of Owner Date Page 313 of 610 The West% of the Southwest%of Section 32,Township 90 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa except road. Page 314 of 610 CITY OF WATERLOO Council Communication Resolution approving a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a COVID-19 Relief Recreational Trails Program grant application for the replacement of the Cedar Prairie Trail Bridge, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ MOU Cedar Prairie Bridge Replacment Backup Material ❑ Aerial Map Backup Material ❑ Resolution Backup Material ❑ Cost Estimate Backup Material Resolution approving a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a COVID- SUBJECT: 19 Relief Recreational Trails Program grant application for the replacement of the Cedar Prairie Trail Bridge, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Transmitted is a Memorandum of Understanding with Iowa Northland Regional Council of Governments for preparation of a COVID-19 Relief Recreational Trails Program grant application for the replacement of the Summary Statement: Cedar Prairie Trail Bridge, with the amount not to exceed $2,000.00. The Cedar Prairie Bridge crosses Black Hawk Creek south of Ranchero Road and approximately one half mile west of Highway 63. Expenditure Required: $2,000.00 Source of Funds: GO Bond - Bikeway Maintenance Policy Issue: Infrastructure Legal Descriptions: Page 315 of 610 GRANT APPLICATION MEMORANDUM OF UNDERSTANDING This memorandum of understanding (MOU) is between the City of Waterloo, Iowa, hereinafter referred to as City, and the Iowa Northland Regional Council of Governments, hereinafter referred to as INRCOG. WHEREAS, the City wishes to engage INRCOG's grant writing services for the following project: Type of Grant: COVID-19 Relief Recreational Trails Program Project Description: Cedar Prairie Trail Bridge Replacement INRCOG will not charge the City in advance for grant preparation services; however, if COVID-19 Relief Recreational Trails funds are awarded for this project, INRCOG will submit a grant preparation invoice in the amount of one and one-half percent of the funds awarded (maximum $2,000.00), to be paid by the City from local funds. IN WITNESS WHEREOF, INRCOG and the City of Waterloo, Iowa have executed this Memorandum of Understanding as of this day of , 2021. City of Waterloo, Iowa BY: ATTEST: Iowa Northland Regional Council of Governments BY: L, ' � Executive Director ATTEST: Page 316 of 610 - 20 r ` • . RANCHERO RD VVIuI A e. 1 r i r 63 ti 1. N Cit LJ of Waterloo,Iowa W—�/E Attachment 7 1 Official Endorsement RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR COVID-19 RELIEF RECREATIONAL TRAILS PROGRAM FUNDING FOR THE CEDAR PRAIRIE TRAIL BRIDGE REPLACEMENT PROJECT AND DIRECTING EXECUTION OF SAID APPLICATION BY THE WATERLOO CITY COUNCIL. WHEREAS,the Iowa Department of Transportation administers the COVID-19 Relief Recreational Trails Program for the State of Iowa;and WHEREAS,replacing the Cedar Prairie Trail Bridge in the Robinson Bird Sanctuary is identified as a critical project to maintain the connectivity of the extensive metropolitan trail network;and WHEREAS, the City of Waterloo has committed to providing $285,000 in matching funds for this critical project; and WHEREAS,the City of Waterloo needs additional financial assistance to complete this critical project;and WHEREAS, the City of Waterloo certifies that it will be responsible for adequately maintaining the proposed improvements for a minimum of 20 years. NOW THEREFORE,BE IT RESOLVED by the City Council of Waterloo,Iowa as follows: 1) The COVID-19 Relief Recreational Trails Program application for the Cedar Prairie Trail Bridge Replacement project in the Robinson Bird Sanctuary is hereby approved and endorsed by the City of Waterloo,Iowa. 2) The improvement provided for in this application will be dedicated to public use and adequately maintained by the City of Waterloo for a minimum of 20 years. 3) The City of Waterloo assures the Iowa Department of Transportation that funds for the local match have been committed to the project. 4) The Mayor is hereby designated as the official representative of the City and is further hereby directed and authorized to affix his signature to said application and certain State assurances in conjunction with same. Passed and adopted this 17'day of May,2021. Quentin Hart,Mayor ATTEST: Kelly Felchle,City Clerk Page 318 of 610 Cedar Prairie Trail (Alternative 4) Planning Level Construction Cost Estimate of a Bridge Over Black Hawk Creek and 850 LF of Recreational Trail May 4, 2021 Item Unit Total Item Code Item Unit Quantit Cost Cost 1 2102-2625001 EMBANKMENT-IN-PLACE,CONTRACTOR FURNISHED CY 4000 $ 10.00 $ 40,000 2 2102-2710070 EXCAVATION,CLASS 10,ROADWAY AND BORROW CY 1500 $ 4.00 $ 6,000 3 2105-8425005 TOPSOIL,FURNISH AND SPREAD CY 200 $ 18.00 $ 3,600 4 2115-0100000 MODIFIED SUBBASE CY 190 $ 40.00 $ 7,600 5 2403-0100010 STRUCTURAL CONCRETE BRIDGE CY 265 $ 800.00 $ 212,000 6 2404-7775000 REINFORCING STEEL LB 6500 $ 1.30 $ 8,450 7 2404-7775005 REINFORCING STEEL,EPDXY COATED LB 38000 $ 1.30 $ 49,400 8 2407-0564130 BEAMS,PRETENSIONED PRESTRESSED CONCRETE,BTD130 EACH 4 $ 35,000.00 $ 140,000 9 2408-7800000 STRUCTURAL STEEL LB 3100 $ 3.00 $ 9,300 12 2501-0201057 PILES,STEEL,HP 10 X 57 LF 1100 $ 50.00 $ 55,000 13 2501-0201473 PILES,STEEL,HP 14 X 73 LF 1600 $ 60.00 $ 96,000 14 2507-3250005 ENGINEERING FABRIC SY 800 $ 3.50 $ 2,800 15 2507-6800061 REVETMENT,CLASS E TON 700 $ 50.00 $ 35,000 16 2511-0302600 RECREATIONAL TRAIL,PORTLAND CEMENT CONCRETE,6 IN. SY 950 $ 44.00 $ 41,800 17 2511-0310100 SPECIAL COMPACTION OF SUBGRADE FOR RECREATIONAL TRAIL STA 9 $ 300.00 $ 2,700 18 2519-1001000 54 IN.FENCE,CHAIN LINK,VINYL COATED LF 500 $ 100.00 $ 50,000 19 2533-4980005 MOBILIZATION LS 1 $ 40,000.00 $ 40,000 20 2599-9999010 CAUSEWAY CONSTRUCTION AND REMOVAL LS 1 $ 30,000.00 $ 30,000 21 2599-9999010 RAILROAD BRIDGE REMOVAL LS 2 $ 25,000.00 $ 50,000 22 2599-9999014 TIED CONCRETE BLOCK MAT SF 4000 $ 10.00 $ 40,000 23 2601-2634150 MULCH,WOOD CELLULOSE FIBER ACRE 1 $ 9,000.00 $ 9,000 24 2601-2636044 SEEDING AND FERTILIZING(URBAN) ACRE 1 $ 3,000.00 $ 3,000 25 2602-0000080 SILT BASINS EACH 2 $ 600.00 $ 1,200 26 2602-0000212 FLOATING SILT CURTAIN(HANGING) LF 200 $ 30.00 $ 6,000 27 2602-0000312 PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE,12 IN.DIA. LF 1600 $ 4.00 $ 6,400 28 2602-0010010 MOBILIZATIONS,EROSION CONTROL EACH 6 $ 500.00 $ 3,000 29 2602-0010020 MOBILIZATION,EMERGENCY EROSION CONTROL EACH 6 $ 1,000.00 $ 6,000 30 2599-9999010 CONTINGENCY(20%OF CONSTRUCTION) LS 1 $ 182,900.00 $ 182,900 SUBTOTAL CONSTRUCTION COST $ 1,137,150 PRELIMINARY ENGINEERING(PE)AND CONSTRUCTION 31 ENGINEERING(CE)ESTIMATED AT 25%CONSTRUCTION COST LS 1 1 $ 284,300.00 1 $ 284,300 Planning Level Cost Estimate= $ 1,421,450 Page 319 of 610 CITY OF WATERLOO Council Communication Resolution setting a date of public hearing as June 7, 2021 to authorize the sale and conveyance of city owned property formerly 322 and 326 Crescent Place to Willie Outlaw, in the amount of$1.00 with a Development Agreement for the construction of a new garage, and instruct City Clerk to publish notice. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Development Agreement Backup Material ❑ Aerial Map Backup Material Resolution setting a date of public hearing as June 7. 2021 to authorize the sale and conveyance of city owned property formerly 322 and 326 Crescent SUBJECT: Place to Willie Outlaw, in the amount of$1.00 with a Development Agreement for the construction of a new garage, and instruct City Clerk to publish notice. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The properties that were formerly 322 and 326 Crescent Place were acquired through Iowa Code 657A in 2014 by the City of Waterloo. The City demolished the homes in 2019 and the applicant has maintained the properties for several years as they sat vacant and abandoned in attempt to keep the volunteer trees and weeds from spreading to there property. The Summary Statement: applicants have indicated a desire to acquire the lots to add to their yard and construct a new two stall garage no less than 600 square feet or a three stall garage no less than 936 square feet. The developer must obtain a building permit and begin construction of the improvements within four years and six months after conveyance of the property. The development agreement does have reverter of title information within it. Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of 657A vacant lots/Nuisance Abatement Legal Descriptions: Calumet Subdivision Lots 5 and 6 and the West 1/2 of Lot 7, Block 3, Waterloo, Black Hawk County, Iowa. Page 320 of 610 Preparer: Christopher S.Wendland P.Q. Box 596 Waterloo Iowa 50704 (319)..234-5701 After recording, return to Community Planning&Development, 795 Mulberry Street, Waterloo, iA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2021, by and between Willie Outlaw ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property on Crescent Place identified as parcel nos. 8913-23-276-015 and 8913-23-276-014, legally described as set forth on Exhibit "A" attached hereto (the "Property"). Developer is the owner of real property at 330 Crescent Place, abutting the Property on the west side, and desires to acquire the Property to expand his residential area. B. City considers 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 placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of$1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not Page 321 of 610 remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall construct, at his sole option, a new 2-stall garage (no less than 600 square feet) or 3- stall garage (no less than 936 square feet) to a finished state, including installation of driveway, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit building designs for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer 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. Developer will be responsible to clear trees and brush from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer'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 incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin construction of the Improvements within four (4) years and six (6) months after conveyance of the Property (the "Project Start Date") and must Substantially Complete construction of same within sixty (60) months after conveyance of the Property (the "Completion Deadline"). For purposes of this Agreement, "Substantially Complete" 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 and the City has verified that Project elements for which no permit was necessary have been substantially completed. If Developer has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. If 2 Page 322 of 610 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 Completion Deadline. 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 Developer (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Completion Deadline 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 10, title to the Property shall revert to the City, and City shall have no further obligation hereunder with respect to such Project, nor any duty to compensate Developer for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, 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 Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact. If Developer 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 Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. Developer 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 Developer'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 Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 4.1. Purchase Option. In lieu of reverter of title as described in Sections 3 and 4 above, Developer shall have the option to purchase the Property by delivering to City a written notice of option exercise within thirty (30) days after City's demand for a 3 Page 323 of 610 deed pursuant to Section 4. The purchase price reflects reimbursement to City for its carrying costs for the Property, including but not limited to acquisition, demolition, insurance and maintenance, and shall be an amount equal to $12,000 minus an annual credit to Developer for Property maintenance of $1,000 for each year of this Agreement, not to exceed five (5) years. The transaction shall close within an additional thirty (30) days after Developer's delivery of notice of option exercise, and Developer shall pay the full purchase price to City in guaranteed funds at closing. 5. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees, 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property or any part thereof 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 Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows; A. Until the Improvements have been Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. B. Developer 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 where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. 4 Page 324 of 610 C. After the date of conveyance of the Property, Developer will keep lots mowed and remove snow from sidewalks to a standard no less than that required by City ordinances. D. Developer 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. 9. 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 Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer of any interest (either directly or indirectly) in the Improvements, the Property, or this Agreement, without the prior written consent of City; j C. 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; D. Developer (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 Developer 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 Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer 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. 5 Page 325 of 610 i 10. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer 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 Developer 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 Developer 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 Developer occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer 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 Developer 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. 11. Indemnification, Developer 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 Project site 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 Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site 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. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set 6 Page 326 of 610 forth in this Agreement on the part of Developer 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. Developer 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. 13. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 14. 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. 15. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid, and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, Attention: Mayor, with copies to the Community Planning and Development Director. i. (b) if to Developer, at 330 Crescent Place, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. 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 7 Page 327 of 610 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. 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this 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. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. 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. 21. 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. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By. Quentin M. Hart, Mayor ' Willie Outlaw Attest: Kelley Felchle, City Clerk 8 Page 328 of 610 EXHIBIT "A" Property Description CALUMET SUBDIVISION LOT 5 BLK 3 and CALUMET SUBDIVISION LOT 6 BLK 3 W 112 LOT 7 BLK 3 a Page 329 of 610 Page 330 of 610 L � y �r I e Yom BRATNOBER ST - `� a r :tti' fn iJa <Z� Q co O`2 Z) N� O t `a IC 4 a li f� I CRESCENT PI �:J�-_ -_' .®IIS ..'- �'�► l.-.::- L , -. :~civ{.;:'' 1�C`.--JT. -, �. N Citi. of Waterloo, Iowa W—�/E CITY OF WATERLOO Council Communication Motion approving Change Order No. 3 with Woodruff Construction, of Waterloo, Iowa, for a net increase of $36,738, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modification Project, Contract No. 994, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/3/2021 ATTACHMENTS: Description Type ❑ Memo to Waterloo Mayor and City Council Backup Material ❑ Change Order#3 Backup Material Motion approving Change Order No. 3 with Woodruff Construction, of SUBJECT: Waterloo, Iowa, for a net increase of$36,738, in conjunction with the FY 2020 Wastewater Treatment Plant Biosolids Modification Project, Contract No. 994, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve change order Expenditure Required: $ 36,738.00 Source of Funds: sewer funds Page 332 of 610 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. •Waterloo, IA 50702 • (319) 291-4553 • • • Brian Bowman, Operations Supervisor May 3rd 2021 Memo to Waterloo Mayor and City Council: RE: Change Order No.3 FY 2020 Wastewater Treatment Plant Biosolids Modifications Project City Contract 994 Background Discussion: This Change Order reflects numerous changes. Of particular note, one is a no cost Covid-19 delay claim and the others were field condition changes noted through the Biosolids retro-fit construction sequence. By adding this Change Order the current Contract price is 0.3 percent of original Contract value. Recommended Action It is recommended that the city council approve Change Order No.3 for a net increase of $36,738.00 in the contract. Page 333 of 610 $�, ST RANDASSOCIATES® Strand Associates, Inc.° 910 West Wingra Drive °rgo Madison,WI 53715 EXCELLENCE IN ENGINEERING (P)608.251.4843 April 26, 2021 Mr. Brian Bowman City of Waterloo 3505 Easton Avenue Waterloo, IA 50702 Re: F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications Project Contract No. 994 City of Waterloo, Iowa(City) Dear Brian, Change Order No. 3 for the Contract with Woodruff Construction related to the above-reference project is enclosed. This change order captures several modifications to the original Contract resulting in an addition of$36,738.00 to the Contract price. As of April 1,2021,this project is 53 percent complete with 54 percent of the Contract time elapsed.The total value of changes to the original Contract price are summarized in the table below. Change Order Amount Nos. 1 and 2 ADD $17,980.10 No. 3 ADD $36,738.00 Total ADD $54,718.10 The current change in the Contract price is 0.3 percent of the original Contract value. Please call 608-251-4843 if you have any questions. Sincerely, STRAND ASSOCIATES, INC.° Samuel K. Hocevar Enclosure SK}LIII\S:\MAD\4400-4499\4463\009\Construction\Change Orders\003\CO 3 Cover Letter docx Arizona I Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.com Page 334 of 610 $MSTRAND 1 ASSOCIATES' Strand Associates, Inc 910 West Wingra Drive oC Madison, WI 53715 EXCELLENCE IN ENGINEERING (P)608.251.4843 April 23, 2021 CHANGE ORDER NO. 3 PROJECT: F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications Project OWNER: City of Waterloo, Iowa CONTRACT: City Contract No. 994 CONTRACTOR: Woodruff Construction Description of Change 3a Amend Contract Substantial Completion date as a result ADD $0.00 of COVID-19 delay claim of 14 days for time lost between October 30 and November 12, 2020. Final Completion Date was amended as part of Change Order No. 2. 3b Removal of existing concrete tank walls and debris ADD $3,634.00 encountered during excavation in accordance with cost proposal dated April 19, 2021. 3c Demolish existing plumbing piping and appurtenances ADD $1,740.00 in Structure 330 identified in RFI 32 in accordance with the enclosed cost proposal dated February 4, 2021. 3d Provide pipe insulation on 4-inch and larger ductile iron ADD $23,935.00 nonpotable water(W2) pipe in accordance with the enclosed cost proposal dated March 12, 2021. 3e Provide aluminum roof curb in accordance with RFI 43 ADD $2,576.00 and subsequent correspondence included with the enclosed cost proposal dated March 9,2021. 3f Provide a new acoustical ceiling in Room 33003 (Office ADD $2,128.00 and Laboratory) in Structure 330 in accordance with the enclosed cost proposal dated February 9, 2021. 3g Add additional I/O to 180-PLC-2 in accordance with the ADD $2,725.00 enclosed cost proposal dated March 24, 2021. TOTAL VALUE OF THIS CHANGE ORDER: ADD $36,738.00 Contract Price Adjustment Original Contract Price $16,587,300.00 Previous Change Order Adjustments $17,980.10 Adjustment in Contract Price this Change Order $36,738.00 Current Contract Price including this Change Order $16,642,018.10 SKH:[II\S:\MAD\4400--4499\4463\009\Construction\Change Orders\003\CO 3.docx Arizona I Illinois I Indiana I Kentucky 1 Ohio I Texas I Wisconsin www.strand.com Page 335 of 610 Strand Associates, Inc. City of Waterloo, Iowa—Woodruff Construction City Contract No. 994, Change Order No. 3 Page 2 April 23, 2021 Contract Substantial Completion Date Adjustment Original Contract Substantial Completion Date January 2, 2022 Contract Substantial Completion Date Adjustments due to previous Change 0 Days Orders Contract Substantial Completion Date Adjustments due to this Change Order 14 Days Current Substantial Contract Completion Dates including all Change Orders January 16, 2022 Contract Final Completion Date Adjustment Original Contract Final Completion Date March 3, 2022 Contract Final Completion Date Adjustments due to previous Change Orders 14 Days Contract Final Completion Date Adjustments due to this Change Order 0 Days Current Final Contract Completion Dates including all Change Orders March 17, 2022 This document shall become a supplement to the Contract and all provisions will apply hereto. to "S.5 -��c► ECOMMEN ED =�=RANDALL LU 16137 �BNSUI_TANT—Strand Associ t s, Inc.° Date �'��� ., .• APPROVED ��i��►�!/OWN .x`` CONTRACTOR—Woodruff Construction Date APPROVED OWNER—City of Waterloo, Iowa Date SKH:III\S:\MAD\4400--A499\4463\009\Construction\Change Orders\003\CO 3.docx www.strand.com Page 336 of 610 CITY OF WATERLOO Council Communication Motion approving Change Order No. 3 with WRH, Inc., of South Amana, Iowa, for a net increase of $36,866.50, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, Contract No. 1021, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/3/2021 ATTACHMENTS: Description Type ❑ Memo to Waterloo Mayor and City Council Backup Material ❑ Change Order#3 Backup Material Motion approving Change Order No. 3 with WRH. Inc.. of South Amana, SUBJECT: Iowa, for a net increase of$36,866.50, in conjunction with the FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications, Contract No. 1021, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Expenditure Required: $36,866.50 Source of Funds: Sewer Funds Page 337 of 610 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. •Waterloo, IA 50702 • (319) 291-4553 • • Brian Bowman, Operations Supervisor May 3rd 2021 Memo to Waterloo Mayor and City Council: RE: Change Order No.3 FY 2020 Waste Water Treatment Plant Digester No.3 Cover Modifications City Contract 1021 Background Discussion This is the final change order to rectify quantities and to address additional lid repairs for leaks with existing welds identified during bubble testing. The additional weld repairs were approved by the Insurance provider/Insurance Engineer, and fall into the claim of the original incident. Recommended Action It is recommended that the city council approve Change Order No.3 for a net increase of $36,866.50 in the contract. Page 338 of 610 ,e`, STRAND Strand Associates, Inc.' 910 West Wingra Drive 7-ro Madison,WI 53715 EXCELLENCE IN ENGINEERING (P)608.251.4843 April 30,2021 CHANGE ORDER NO. 3 PROJECT: FY 2020 Wastewater Treatment Plant Digester No. 3 Cover Modifications OWNER: City of Waterloo, Iowa CONTRACT: 1021 CONTRACTOR: WRH, Inc. Description of Change 3a Reuse existing wiring in accordance with Request for (DEDUCT) ($854.00) Information(RFI)No. 6 and the enclosed Change Authorization Request(CAR)No. 7 dated November 18,2020. 3b Adjust Allowance for Concrete Surface Repair from (DEDUCT) ($14,877.50) $16,500 to $1,622.50. 3c Adjust Allowance for Anaerobic Digester Cover ADD $13,620.00 Repair—Unidentified Repairs from$40,000 to $53,620 in accordance with CAR No. 3 dated January 12, 2021. 3d Adjust Allowance for Draft Tube Mixer Rehabilitation— (DEDUCT) ($16,042.00) Bearing Replacement from$95,000 to$78,598 in accordance with CAR No. 6 dated November 18,2020. 3e Adjust Allowance for Draft Tube Mixer Rehabilitation— ADD $8,684.00 Unidentified Mixer Repairs from$25,000 to $33,684 in accordance with CAR No. 6 dated November 18,2020. 3f Provide additional lid repairs to address leaks in ADD $46,336.00 existing welds identified during bubble testing in accordance with CAR No. 8 dated January 29, 2021. TOTAL VALUE OF THIS CHANGE ORDER: ADD $36,866.50 Contract Price Adjustment Original Contract Price $867,500.00 Previous Change Order Adjustments $8,510.00 Adjustment in Contract Price this Change Order $36,866.50 Current Contract Price including this Change Order $912,876.50 SKH:IIn\\\\strand.com\projects\MAD\4400--4499\4463\008\Construction\Change Orders\CO 3\CO 3.docx Arizona I Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.com Page 339 of 610 Strand Associates, Inc° City of Waterloo, Iowa—WRH, Inc. Contract 1021, Change Order No. 3 Page 2 April 30, 2021 Contract Substantial Completion Date Adjustment Original Contract Substantial Completion Date October 14, 2020 Contract Substantial Completion Date Adjustments due to previous Change Orders 78 Days Contract Substantial Completion Date Adjustments due to this Change Order 0 Days Current Substantial Contract Completion Dates including all Change Orders December 31, 2020 Contract Final Completion Date Adjustment Original Contract Final Completion Date November 13,2020 Contract Final Completion Date Adjustments due to previous Change Orders 169 Days Contract Final Completion Date Adjustments due to this Change Order 30 Days Current Final Contract Completion Dates including all Change Orders May 31,2021 This document shall become a supplement to the Contract and all provisions will apply hereto. RECO�IMENDE o.:L I E ER—Strand Associates,Inc.® Date APPROVED CONTRACTOR—WRH,Inc. Date APPROVED OWNER—City of Waterloo, Iowa Date SKH:IIn\\\\strand.com\projects\MAD\4400-1499\4463\008\Construction\Change Orders\CO MCO 3.docx www.strand.com Page 340 of 610 CITY OF WATERLOO Council Communication Motion approving Change Order No. 13 with Cardinal Construction, Inc., of Waterloo, Iowa, for a net increase of$1,590, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared:4/30/2021 ATTACHMENTS: Description Type ❑ Change Order#13 - 5 Bros Addition-Reno Backup Material Motion approving Change Order No. 13 with Cardinal Construction, Inc., SUBJECT: of Waterloo. Iowa, for a net increase of$1,590, in conjunction with the Five Sullivan Brothers Convention Center Addition and Renovation Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Summary Statement: PR 08: Drywall patching- cost to patch holes and match texture. Page 341 of 610 I1` Document G701 - 2017 Change Order PROJECT:(Name acrd address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Five Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:013 Addition and Renovation,Waterloo,IA, Project No; 20-23943 Date:September 08,2020 Date:April 29,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Name and address) City of Waterloo I&S Group,Inc.(ISG) Cardinal Construction.Inc. 715 Mulberry Street 314 East 4th Street 1246 Martin Road Waterloo,IA 50703 Waterloo,IA 50703 Waterloo,IA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibi&y.ALso include agreed upon adjustments attributable to executed Constnmction Change Directives.) A. PR 08: Drywall Patching-Cost to patch holes and thatch texture.....................................Add $1,590.00 TOTAL AMOUNT OF THIS CHANGE ORDER,ADD TO CONTRACT SUM$1,590.00. The original Contract Sum was $ 5,516,300.00 The net change by previously authorized Change Orders $ 136,680.30 The Contract Sum prior to this Change Order was $ 5,652,980.30 The Contract Sum will be increased by this Change Order in the amount of $ 1.590.00 The new Contract Sum including this Change Order will be $ 5,654,570.30 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will be August 13,2021. NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and tilne have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,Inc.(ISG) Car($n 4 onstruction,Inc. City of Waterloo ARCHITECT(Firm name) CON TOR(Fimml name) OWNER(Firm nnaine) SIGNATURE SIGN A RE SIGNATURE Nathan Compton,Architect Katy Susong,President Quentin Hart,Mayor PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE April 29,2021 ___ April 29,2021 DATE DATE DATE AIA Document G701'_2017.Copyright©1979,1987,2000,2001 and 2017 by Tho American Institute of Architects.All rights reserved.The"American Institute of Architects;'"AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 11:13:03 ET on 04/29/2021 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used In accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (3139ADAM) Page 342 of 610 CITY OF WATERLOO Council Communication Motion approving Change Order No. 13 with Lodge Construction, Inc., of Clarksville, Iowa, for a net increase of$8,551, in conjunction with the FY 2020 Courtland Street, Jefferson Street, and Mulberry Street Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/4/2021 ATTACHMENTS: Description Type o Cont 1015_CO #13 Backup Material Motion approving Change Order No. 13 with Lodge Construction, Inc.. of Clarksville, Iowa. for a net increase of$8.551, in conjunction with the FY SUBJECT: 2020 Courtland Street, Jefferson Street, and Mulberry Street Reconstruction Program, Contract No. 1015, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Dennis Gentz, PE,Assistant City Engineer Recommended Action: Approve change order. Summary Statement: This change order relates to the cleanup required due to the underground storage tank that was found during the Jefferson Street reconstruction. Source of Funds: Page 343 of 610 CITY OF WATERLOO IOWA CHANGE or EXTRA WORK ORDER NO. 13 PROJECT: F.Y. 2020 COURTLAND ST, JEFFERSON ST AND MULBERRY STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 1015 Date Prepared: April 29, 2021 AMOUNT: 8,551.00 INCREASE TO: LODGE CONSTRUCTION INC. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated Aril 6 2020 . A. Description of change to be made or extra work to be done: 13001 Remove and Replace Sidewalk, 4 inch PCC 13002 Remove and Replace Light Pale, Conduit, etc. 13003 Excavate and Replace Contaminated Soil B. Reason for ordering change or extra work: 13001-13303 Cleanup of soil contaminated due to an underground storage tank discovered during the project requires removal and replacement of sidewalk, light base and pole, removal of contaminated soil and replacement with acceptable soil. C. Settlement for cost of work to be made as follows: 13001 Remove and Replace Sidewalk, 4 inch PCC 22 SY @ $73.00/SY = $1,606.00 13002 Remove and Replace Light Pole, Conduit, etc. 1 LS @ $4,950.00 = $4,950.00 13003 Excavate and Replace Contaminated Soil 21 CY @ $95.001CY = $1,995.00 TOTAL INCREASE $ 8,551.00 BY: LODGE CONSTRUCTION , INC._ Mayor Date CONTRACTOR ATTEST: - Date TITLE: -f City Clerk Date O (ED: ity Engineer D to Change Order No. 13 Contract No. 1015 Page 1/1 Page 344 of 610 CITY OF WATERLOO Council Communication Motion approving Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls, Iowa, for a net increase of$18,150.05, in conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 Motion approving Change Order No. 11 with Vieth Construction Corporation, of Cedar Falls. Iowa. for a net increase of$18,150.05, in SUBJECT: conjunction with the FY 2021 Highway 63 Enhancements from Washington Street to Parker Street, Contract No. 1029, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Matt SchindeL Associate Engineer Recommended Action: Approve change order. During construction, several cracked and damaged sidewalk panels were Summary Statement: discovered adjacent to the proposed colored pavement infill. Because future removal and replacement of the sidewalk may damage the colored pavement, we think it would be best to replace this as part of the project. Expenditure Required: 80% Federal Cost 20% City Cost Source of Funds: G.O. Bonds Page 345 of 610 CITY OF WATERLOO Council Communication Recommendation of appointment of Cody Demaro, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective June 1, 2021. City Council Meeting: 5/17/2021 Prepared: 5/3/2021 ATTACHMENTS: Description Type ❑ Personnel Requisition Form Backup Material ❑ Job Description Backup Material ❑ Personnel Requisition Questions Backup Material ❑ Civil Service List Backup Material Recommendation of appointment of Cody Demaro, from the Civil Service SUBJECT: list, to the position of Sewer Maintenance Worker at the Waste Management Services Department. effective June 1, 2021. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve. Summary Statement: Pending approval of City Council, pre-employment physical and drug testing. Basic $27.85 hourly/57,928.00 Expenditure Required: With Benefits $41.75/hr$86,800.00 annual(assuming family health insurance) Source of Funds: Sewer funds Page 346 of 610 I�cd I PERSONNEL REQUISITIOIN FORM Check as applicable: ® To start recrt.iiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. YXY:C tt Y.YiCY�:iF�i)CK 1t^i�]FY>CYXiC Y.YYJCK%IGKY YYYYY**'YX�.]CY YYYYi�YX)C::YYY]fYYT YYYY]CYYX]FY�.Y]CYYYXYY]��Y�:YY'I:kY.]F'%C Y.�•I:SF:F I:�:X '. Position Title: Sewer Maintenance Worker Department: Waste Management Reports To: Collections Systems Director Work Location: Waste Management/Easton Ave Employment Status: ® Regular Full Time ❑Temporary Full Time from to ❑ Regular Part Time ❑Temporary Part Time from to ❑ Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ® Yes ❑No ❑ Internal Posting Only Bargaining Position: ® Yes ❑ No ® Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: ❑ Yes ®No Complete the following if the requisition is to Fill a vacancy: ❑ New Position or ® Replacement Position for:Joseph Jones,Jr. Sewer Maintenance Worker (Specify name and title of former incumbent) Date incumbent terminated employment: 12/1 /2020 Date of final payout: 12/18/20 Anticipated start date: ASAP No. of hours/weelc 40 Work schedule: TBA Justification of need for position: Position is budgeted and required to support sewer and waterway inspection, maintenance,cleaning and repairs. Request authorization to begin Civil Service process and make an appointment. What are the likely consequences if the position is not Filled? A reduced number of employees will have a negative impact on the department's ability to complete all necessary sewer repairs. APPROVALS Annual salary requirements: $86,850 Hourly Rate: $27.85 Benefits:$41.75 (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? M Yes ❑No If no, how will position be funded? Approved subject to the following conditions: Submitti g llepartment(-lead Date Mayor j Dat Chief 'inaneaal Officer Date /plum n Resources Director Da c Human Resources Committee Chairperson Date Created 8/7/2014 D�'—Page 347 of 610 Submit resume by going to www.cilyofwaterlooiowa.com, clicking on Job Vacancies, reviewing the Sewer Maintenance Worker description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand-delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday,August 3,2018. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SEWER MAINTENANCE WORKER DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $26.85 with $1.00 increase after 6-month probation FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL#177 GENERAL STATEMENT OF DUTIES Performs maintenance, repair and construction of municipal storm and sanitary wastewater collection systems. The work is performed under the general direction of the Collection Systems Foreman and Collection Systems/Maintenance Supervisor. May perform basic foreman duties in absence of Collection Systems Foreman. EXAMPLES OF ESSENTIAL FUNCTIONS pick and shovel to pry, move, load and unload (Illustrative On manhole covers, casings and other heavy items. These functions are considered essential for successful performance in this job classification. 7. Performs general maintenance activities such as snow removal,building and equipment repair. 1. Performs routine preventive maintenance on storm and sanitary wastewater collection systems 8. Operates television equipment used to inspect including the repair and construction of catch new and existing sewers. basins,manholes and related structures. 9. Sets up, monitors and operates portable flood 2. Cleans and unclogs sewer lines and catch basins pumps during flood emergencies. and rebuilds catch basins and manholes. 10. Completes daily work sheets. 3. Lays sanitary and storm sewer tile and raises and lowers manholes. 11. Operates heavy duty and rough-riding vehicles and equipment. 4. Operates hydro-flusher, combination sewer cleaning unit, bucket machine, air compressor, 12. Lifts and carries items weighing up to one cement mixer,portable pumps,backhoe, crawler, hundred pounds with assistance as needed. excavator, large and small trucks. 13. Works outside in all weather conditions; works 5. Enters and works in confined spaces to check near moving vehicles and equipment and around lines or perform maintenance. mechanical and electrical hazards; operates equipment and tools that cause vibration; noise 6. Uses hand tools, makes hose and pipe level is loud; atmosphere may contain dust, connections, operates jackhammer, shovels infectious wastes, toxic and explosive gases or material into concrete mixer, hauls cement and unfavorable natural ventilation; visibility might other materials with wheelbarrow, operates be poor and mobility limited. manual gate openers, cleans debris from catch basins, loads sand, gravel, cold mix or other 14. Responds to citizen complaints, questions and materials, pulls ropes to start gas engines, uses requests for service. Page 348 of 610 15. Performs work of a repetitive nature and varied functions of the position. workload pace. 3. Required to possess or obtain an Iowa Class A 16. Works independently and with others with Commercial Drivers' License (CDL) with air minimum supervision. brake and tanker endorsements within 6 months of employment. Good driving record based on 17. Attends work regularly at the designated place City of Waterloo driver performance criteria. A and time. candidate with any of the following will not be considered for employment: loss of license for 18. Performs all work duties and activities in any reason during the period of candidacy for accordance with City policies, procedures and employment, if the candidate remains without a OSHA, City and Waste Management Services valid, current license for the position when the safety rules and regulations. City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its 19. Performs all other related duties as assigned. equivalent or conviction for OWI, reckless driving or other major moving violation within REOUIRED KNOWLEDGE &ABILITIES the previous five years; four or more citations for 1. General knowledge of the use of a wide variety of moving violations within the previous three-year hand tools; ability to read and follow simple period, excluding speeding violations of 10 mph blueprints. or less over the posted speed limit; three or more citations for moving violations within the 2. Knowledge of occupational hazards and safety previous one-year period. After appointment to precautions necessary in the maintenance of the position, disciplinary action or continuing sanitary and storm sewer systems. employment status may be reviewed for the following: four or more moving violations within 3. Ability to limit exposures to infectious waste, the previous three years, three or more moving toxic and explosive gases. violations within the previous one year or loss of license or conviction for OWI,reckless driving or 4. Ability to complete daily work sheets. other major moving violation within the previous five years;two or more at-fault accidents within a 5. Ability to complete assigned work projects three-year period while driving on City business; without direct supervision. three or more at-fault within a three-year period. 6. Ability to respond to questions and comments 4. Must be trained regarding Permit Required from the public tactfully and politely. Confined Space Program after beginning employment. 7. Ability to communicate effectively and maintain working relationships with coworkers, ESSENTIAL PHYSICAL ABILITIES supervisors and the public. The following physical abilities are required with or without accommodation. 8. Ability to work with people from a broad variety of social,economic,racial,ethnic and educational 1. Sufficient strength to perform assigned tasks. backgrounds. 2. Sufficient physical and mental stamina to work ACCEPTABLE EXPERIENCE & TRAINING twelve hour or double shifts during flood I. High school graduate/GED. emergencies. 2. Minimum two years experience in sewer 3. Sufficient speech and hearing that permits the maintenance construction, plumbing or other employee to communicate effectively with heavy construction in all types of weather. coworkers, supervisors and the public in person, OR over the telephone and over a radio. Any equivalent combination of training and experience that provides the knowledge, skills 4. Sufficient personal mobility that permits the and abilities necessary to perform the essential employee to operate vehiclsa an q ipg safely in all types of weather and a variety of road Friday with a 20-minute paid lunch break. During flood conditions, enter and work in confined spaces emergencies,may transition to 12-hour shifts. Subject to with entry being as small as twenty-two inches, emergency call during flood or other severe weather use ladders to climb up to thirty feet, visit work conditions. Rotates call with other Sewer Maintenance sites anywhere in Waterloo and meet with the Workers about every ninth week. public inside and outdoors. Employees hired in this iob classification may be 5. Sufficient manual dexterity and grip/grasp ability cross-utilized in other City departments in to use hand tools such as pipe wrench, pick, emergency and non-emergency situations as shovel and rake,make hose and pipe connections, determined by the workload. Consequently, hours operate jackhammer,operate manual gate openers of work, including starting and ending times, work and pull ropes. schedule, rest periods, work duties etc. will vary depending on the department to which the employee 6. Sufficient vision to operate vehicles and is assigned. equipment and use construction maintenance tools. EXAMINATION INFORMATION MISCELLANEOUS Qualified applicants who apply by the deadline date will I. Must wear personal protective equipment be required to appear before an oral examination panel including but not limited to safety shoes, safety consisting of a minimum of three people who have glasses,safety vest,hearing protection,gloves and expertise in the areas being tested. An individual must hardhat as job assignment requires. receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral 2. Must wear standard uniform as supplied by City. examination. The top applicants,as ranked by their scores on the oral examination will be the individuals placed on 3. Must comply with City of Waterloo Residency the certified list. Applicants who qualify as outlined and Policy for Critical Employees (physically reside are full time regular employees of the City of Waterloo within thirty-mile radius of Waterloo City Hall- shall have one additional point per full year of will be given reasonable compliance period as employment up to a maximum of five points added to determined by department head).Must maintain a their final score. Honorably discharged men and women local telephone number in order to be contacted from the military or naval forces of the United States who during emergencies. qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States 4. Must submit to Department of Transportation shall have five additional points added to their final score requirements including pre-employment, post- upon submission of their DD214 or ten points added if accident, reasonable suspicion, random and they were awarded a Purple Heart or have a service return-to-duty/follow-up alcohol and drug testing. connected disability. 5. The City of Waterloo reserves the right to conduct ORAL EXAMINATION DATE a background investigation including Qualified applicants who apply by the deadline date will employment, education, driving and criminal be notified of the time,place and date of the examination. history checks on any applicant being considered A.A./E.E.O. for this position. Minority,female& disabled individuals are encouraged to apply. 6. Must submit to and pass Civil Service examination procedures including a panel interview. 7. Must submit to and pass pre-employment physical and drug test. Failure to pass these tests SEWER MAINTENANCE WORKER DESCRIPTION 01 December 2020 will result in withdrawal of employment offer. WORK SCHEDULE Scheduled shift is generally 7:00 a.m.-3:00 p.m.Monday- Page 350 of 610 PERSONNEL REQUISITION Sewer Maintenance Worker The following questions are provided as guidelines to assist you in developing your rational for the position of Sewer Maintenance Worker in the WMS Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Perform maintenance on storm and sanitary sewer such as cleaning and repairing manholes and catch basins, clearing obstructions in sewers, operating flushers and excavation equipment,televising sewer lines, and assisting in flood control emergency operations. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications; however a reduced number of operators will directly impact the ability to provide timely citizen services. (3) How is the work of this position being accomplished now? Reduced number of operators equals reduced tasks that can be accomplished. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes.We are currently down two individuals that perform these duties. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet the departmental objectives,i.e., cleaning and inspection goals, infrastructure repairs and replacement, providing on-call service to residents,televising sewers, cleaning and maintained waterways per our NPDES permit, and emergency flood fighting operations. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. Position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. Less will be accomplished on a daily basis until the position is filled. Page 351 of 610 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi-faceted, citizen complaints, annual preventive cleaning,inspection, maintenance, and storm water ordinance compliance. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. Less sewer maintenance workers means fewer miles of sewer cleaned and televised, fewer catch basins repaired, fewer waterways cleaned, and less equipment staged and available to handle flood emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? I don't believe it is practical to outsource the duties of a sewer maintenance worker. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Sewer maintenance ensures the operation of sanitary sewer for residents and commercial and industrial businesses throughout the City and has staff on call 24/7. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer-centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 352 of 610 April 30, 2021 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Sewer Maintenance Worker for the City of Waterloo, Iowa Public Works-Waste Management Services Department. Appointment(s) shall be made from this list for the next year(April 30, 2021 —April 29, 2022). CERTIFIED LIST Cody Demaro Cody Paine Kyle Kayser Chad Wildeboer Treyshawn Plunkett Isaiah Smalley Ryan Black Ryan Kramer Respectfully submitted, Barry Haskins Date Lovie Caldwell Date Ethel Washington Date CS LIST SEWER MAINTENANCE WORKER 21 Page 353 of 610 CITY OF WATERLOO Council Communication Recommendation of appointment of Cody Paine, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective June 1, 2021. City Council Meeting: 5/17/2021 Prepared: 5/3/2021 ATTACHMENTS: Description Type ❑ Personnel Requisition Form Cover Memo ❑ Job Description Backup Material ❑ Personnel Requisition Questions Backup Material ❑ Civil Service List Backup Material Recommendation of appointment of Cody Paine, from the Civil Service list, SUBJECT: to the position of Sewer Maintenance Worker at the Waste Management Services Department. effective June 1, 2021. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve. Summary Statement: Pending approval of City Council, pre employment physical and drug testing. Basic $27.85 hr./$57,928.00 annual Expenditure Required: With Benefit$41.75 hr./$86,800.00 annual (assuming family Health insurance) Source of Funds: Sewer funds Page 354 of 610 PERSONNEL REQUISMON FORM RECEIVED MAR 2 2 2021 Check as applicable: N To start recruiting or civil service process and/or To fill a vacancy E Active Civil Service List Expires: A proposed job description find questionnaire mutst accompany this form at time of submission to Human Resources. Position Title. Sewer Maintenance Worker Department: Waste Management Reports To: Col ections Systems Director Work Location: Waste Matiaarnent/Easton Ave Employment Status: N Regular buil Time n Temporary Full Tithe from to ❑Regular Part Time 171 Temporary Part'Time from to 7 ❑Regular 7-Month El Intern/Co-op Student from to Type,-of Position: Recommended Recrgittnen! SnQurees: Civil Service Position: N Yes n No ❑Internal Posting Only Bargaining Position:ga 0 Yes171 . No Z Internal`Posting and External,Advettxsing, Bargaining Group: 177 Nan-bargaining Position: ❑ Yes E No Complete the following if the requisition is to till a vacancy: ❑ New Position or E Replacement Position for:Mike Bearbower-Sewer.Maintenance Worker (specify name anti title of former incumbent) Date incumbent terminated employment: 1/9/2021 Date of final payout: 4/5/21 Anticipated start date: ASAP No,of hours/week: 40` Work schedule: TBA Justification of need for position: Position is budgeted and required to support sewer and waterway inspection; maintenance,cleaning and repairs.Request authorization to begin Civil Service process and snake an appointment. What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the department's ability to complete all necessary sewet`repairs. APPROVALS Annual salary requirements 186,840 Hourly Rate: $2'1.$5 Benefits: $41.75 (Payroll taxes,pension,health ins,assuming family) Is position budgeted for this and fiiturc 11Ys? N Yes ❑No If no,how will position be funded? Approved subject to the following conditions: ......... ,u ing epartment Head Date Mayor Date Cbie Fiittanc�iaiOf`ficer0o/ Date 1 /xuman Resources Director Date Human Resources-Committee Chairperson Date Created 817/2019 Page 355 of 610 Submit resume by going to www.cilyofwaterlooiowa.com, clicking on Job Vacancies, reviewing the Sewer Maintenance Worker description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand-delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday,August 3,2018. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SEWER MAINTENANCE WORKER DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $26.85 with $1.00 increase after 6-month probation FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL#177 GENERAL STATEMENT OF DUTIES Performs maintenance, repair and construction of municipal storm and sanitary wastewater collection systems. The work is performed under the general direction of the Collection Systems Foreman and Collection Systems/Maintenance Supervisor. May perform basic foreman duties in absence of Collection Systems Foreman. EXAMPLES OF ESSENTIAL FUNCTIONS pick and shovel to pry, move, load and unload (Illustrative On manhole covers, casings and other heavy items. These functions are considered essential for successful performance in this job classification. 7. Performs general maintenance activities such as snow removal,building and equipment repair. 1. Performs routine preventive maintenance on storm and sanitary wastewater collection systems 8. Operates television equipment used to inspect including the repair and construction of catch new and existing sewers. basins,manholes and related structures. 9. Sets up, monitors and operates portable flood 2. Cleans and unclogs sewer lines and catch basins pumps during flood emergencies. and rebuilds catch basins and manholes. 10. Completes daily work sheets. 3. Lays sanitary and storm sewer tile and raises and lowers manholes. 11. Operates heavy duty and rough-riding vehicles and equipment. 4. Operates hydro-flusher, combination sewer cleaning unit, bucket machine, air compressor, 12. Lifts and carries items weighing up to one cement mixer,portable pumps,backhoe, crawler, hundred pounds with assistance as needed. excavator, large and small trucks. 13. Works outside in all weather conditions; works 5. Enters and works in confined spaces to check near moving vehicles and equipment and around lines or perform maintenance. mechanical and electrical hazards; operates equipment and tools that cause vibration; noise 6. Uses hand tools, makes hose and pipe level is loud; atmosphere may contain dust, connections, operates jackhammer, shovels infectious wastes, toxic and explosive gases or material into concrete mixer, hauls cement and unfavorable natural ventilation; visibility might other materials with wheelbarrow, operates be poor and mobility limited. manual gate openers, cleans debris from catch basins, loads sand, gravel, cold mix or other 14. Responds to citizen complaints, questions and materials, pulls ropes to start gas engines, uses requests for service. Page 356 of 610 15. Performs work of a repetitive nature and varied functions of the position. workload pace. 3. Required to possess or obtain an Iowa Class A 16. Works independently and with others with Commercial Drivers' License (CDL) with air minimum supervision. brake and tanker endorsements within 6 months of employment. Good driving record based on 17. Attends work regularly at the designated place City of Waterloo driver performance criteria. A and time. candidate with any of the following will not be considered for employment: loss of license for 18. Performs all work duties and activities in any reason during the period of candidacy for accordance with City policies, procedures and employment, if the candidate remains without a OSHA, City and Waste Management Services valid, current license for the position when the safety rules and regulations. City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its 19. Performs all other related duties as assigned. equivalent or conviction for OWI, reckless driving or other major moving violation within REOUIRED KNOWLEDGE &ABILITIES the previous five years; four or more citations for 1. General knowledge of the use of a wide variety of moving violations within the previous three-year hand tools; ability to read and follow simple period, excluding speeding violations of 10 mph blueprints. or less over the posted speed limit; three or more citations for moving violations within the 2. Knowledge of occupational hazards and safety previous one-year period. After appointment to precautions necessary in the maintenance of the position, disciplinary action or continuing sanitary and storm sewer systems. employment status may be reviewed for the following: four or more moving violations within 3. Ability to limit exposures to infectious waste, the previous three years, three or more moving toxic and explosive gases. violations within the previous one year or loss of license or conviction for OWI,reckless driving or 4. Ability to complete daily work sheets. other major moving violation within the previous five years;two or more at-fault accidents within a 5. Ability to complete assigned work projects three-year period while driving on City business; without direct supervision. three or more at-fault within a three-year period. 6. Ability to respond to questions and comments 4. Must be trained regarding Permit Required from the public tactfully and politely. Confined Space Program after beginning employment. 7. Ability to communicate effectively and maintain working relationships with coworkers, ESSENTIAL PHYSICAL ABILITIES supervisors and the public. The following physical abilities are required with or without accommodation. 8. Ability to work with people from a broad variety of social,economic,racial,ethnic and educational 1. Sufficient strength to perform assigned tasks. backgrounds. 2. Sufficient physical and mental stamina to work ACCEPTABLE EXPERIENCE & TRAINING twelve hour or double shifts during flood I. High school graduate/GED. emergencies. 2. Minimum two years experience in sewer 3. Sufficient speech and hearing that permits the maintenance construction, plumbing or other employee to communicate effectively with heavy construction in all types of weather. coworkers, supervisors and the public in person, OR over the telephone and over a radio. Any equivalent combination of training and experience that provides the knowledge, skills 4. Sufficient personal mobility that permits the and abilities necessary to perform the essential employee to operate vehiclsa an ipWy t safely in all types of weather and a variety of road Friday with a 20-minute paid lunch break. During flood conditions, enter and work in confined spaces emergencies,may transition to 12-hour shifts. Subject to with entry being as small as twenty-two inches, emergency call during flood or other severe weather use ladders to climb up to thirty feet, visit work conditions. Rotates call with other Sewer Maintenance sites anywhere in Waterloo and meet with the Workers about every ninth week. public inside and outdoors. Employees hired in this iob classification may be 5. Sufficient manual dexterity and grip/grasp ability cross-utilized in other City departments in to use hand tools such as pipe wrench, pick, emergency and non-emergency situations as shovel and rake,make hose and pipe connections, determined by the workload. Consequently, hours operate jackhammer,operate manual gate openers of work, including starting and ending times, work and pull ropes. schedule, rest periods, work duties etc. will vary depending on the department to which the employee 6. Sufficient vision to operate vehicles and is assigned. equipment and use construction maintenance tools. EXAMINATION INFORMATION MISCELLANEOUS Qualified applicants who apply by the deadline date will I. Must wear personal protective equipment be required to appear before an oral examination panel including but not limited to safety shoes, safety consisting of a minimum of three people who have glasses,safety vest,hearing protection,gloves and expertise in the areas being tested. An individual must hardhat as job assignment requires. receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral 2. Must wear standard uniform as supplied by City. examination. The top applicants,as ranked by their scores on the oral examination will be the individuals placed on 3. Must comply with City of Waterloo Residency the certified list. Applicants who qualify as outlined and Policy for Critical Employees (physically reside are full time regular employees of the City of Waterloo within thirty-mile radius of Waterloo City Hall- shall have one additional point per full year of will be given reasonable compliance period as employment up to a maximum of five points added to determined by department head).Must maintain a their final score. Honorably discharged men and women local telephone number in order to be contacted from the military or naval forces of the United States who during emergencies. qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States 4. Must submit to Department of Transportation shall have five additional points added to their final score requirements including pre-employment, post- upon submission of their DD214 or ten points added if accident, reasonable suspicion, random and they were awarded a Purple Heart or have a service return-to-duty/follow-up alcohol and drug testing. connected disability. 5. The City of Waterloo reserves the right to conduct ORAL EXAMINATION DATE a background investigation including Qualified applicants who apply by the deadline date will employment, education, driving and criminal be notified of the time,place and date of the examination. history checks on any applicant being considered A.A./E.E.O. for this position. Minority,female& disabled individuals are encouraged to apply. 6. Must submit to and pass Civil Service examination procedures including a panel interview. 7. Must submit to and pass pre-employment physical and drug test. Failure to pass these tests SEWER MAINTENANCE WORKER DESCRIPTION 01 December 2020 will result in withdrawal of employment offer. WORK SCHEDULE Scheduled shift is generally 7:00 a.m.-3:00 p.m.Monday- Page 358 of 610 PERSONNEL REQUISITION Sewer Maintenance Worker The following questions are provided as guidelines to assist you in developing your rational for the position of Sewer Maintenance Worker in the WMS Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Perform maintenance on storm and sanitary sewer such as cleaning and repairing manholes and catch basins, clearing obstructions in sewers, operating flushers and excavation equipment,televising sewer lines, and assisting in flood control emergency operations. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications; however a reduced number of operators will directly impact the ability to provide timely citizen services. (3) How is the work of this position being accomplished now? Reduced number of operators equals reduced tasks that can be accomplished. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes.We are currently down two individuals that perform these duties. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet the departmental objectives,i.e., cleaning and inspection goals, infrastructure repairs and replacement, providing on-call service to residents,televising sewers, cleaning and maintained waterways per our NPDES permit, and emergency flood fighting operations. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. Position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. Less will be accomplished on a daily basis until the position is filled. Page 359 of 610 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi-faceted, citizen complaints, annual preventive cleaning,inspection, maintenance, and storm water ordinance compliance. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. Less sewer maintenance workers means fewer miles of sewer cleaned and televised, fewer catch basins repaired, fewer waterways cleaned, and less equipment staged and available to handle flood emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? I don't believe it is practical to outsource the duties of a sewer maintenance worker. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Sewer maintenance ensures the operation of sanitary sewer for residents and commercial and industrial businesses throughout the City and has staff on call 24/7. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer-centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 360 of 610 April 30, 2021 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Sewer Maintenance Worker for the City of Waterloo, Iowa Public Works-Waste Management Services Department. Appointment(s) shall be made from this list for the next year(April 30, 2021 —April 29, 2022). CERTIFIED LIST Cody Demaro Cody Paine Kyle Kayser Chad Wildeboer Treyshawn Plunkett Isaiah Smalley Ryan Black Ryan Kramer Respectfully submitted, Barry Haskins Date Lovie Caldwell Date Ethel Washington Date CS LIST SEWER MAINTENANCE WORKER 21 Page 361 of 610 CITY OF WATERLOO Council Communication Recommendation of appointment of Kyle Kayser, from the Civil Service list, to the position of Sewer Maintenance Worker at the Waste Management Services Department, effective June 1, 2021. City Council Meeting: 5/17/2021 Prepared: 5/3/2021 ATTACHMENTS: Description Type ❑ Personnel Requisition Form Cover Memo ❑ Job Description Cover Memo ❑ Personnel Requisition Questions Cover Memo ❑ Civil Service List Cover Memo Recommendation of appointment of Kyle Kayser, from the Civil Service list, SUBJECT: to the position of Sewer Maintenance Worker at the Waste Management Services Department. effective June 1, 2021. Submitted by: Submitted By:Brian Bowman, Treatment Operations Supervisor Recommended Action: Approve. Summary Statement: Pending approval of City Council,pre-employment physical and drug testing. Basic $27.85 hr. /$57,928.00 annual Expenditure Required: With Benefits $41.75 hr./$86,800.00 annual(assuming family Health insurance) Source of Funds: Sewer Funds Page 362 of 610 RECEIVED MAR 22 2021 PERSONNEL REQUISITION FORM Check as applicable: To start recruiting or civil service process and/or To fiI I a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of submission to Human Resources. Position Title: Sewer Maintenance Worker Department'. Waste Manauinent Reports To: Collections Systems Director Work Location: Waste Management Easton Ave Employment Status: Regular Full Time E]Temporary Full Time fi-om to El Regular Part Time ❑Temporary Part Time from to El Regular 7-Month ❑ Intern/Co-op Student from ................ to Type of Position., Recommended Recruitment Sources: Civil Service Position: 0 Yes F1 No F]Internal Posting Only Bargaining Position: M Yes El No Internal Posting and External Advertising Bargaining Group: 177 Non-bargaining Position: El Yes 0 No Complete the following if the requisition is to fill a vacancy: ❑ New Position or Replacement Position for:Adam Little-Sewer Maintenance Worker (specify name and fitte of former incumbent) Date incumbent terminated employment: 3/5/2021 Date of final payout: 4/5/21 Anticipated start date: ASAP No.of hours/week:40 Work schedule: TBA Justification of need for position: Position is budgeted and required to support sewer and waterway inspection, maintenance,cleaning and repairs.Request authorization to begin Civil Service process and make an appointment. What are the likely consequences if the position is not filled? A reduced number of employees will have a negative impact on the department's ability to complete all necessary sewer repairs, APPROVALS Annual salary requirements: $16 844„_Hourly Rate:$27.85 Benefits:$ (Payroll taxes,pension,health ins.-assuming family) Is position budgeted for this and future FYs? E Yes ❑No If no,how will position be funded? Approved object to the following conditions: Submiti n epa — 4 Mayot Head Date Date Chie Tr nancial Officer Date Iurndn Resources Director ate Human Resources Committee Chairperson Date Created 81712014 Page 363 of 610 Submit resume by going to www.cilyofwaterlooiowa.com, clicking on Job Vacancies, reviewing the Sewer Maintenance Worker description and following directions to submit cover letter and resume. We will not accept mailed, faxed, hand-delivered or directly emailed resumes. Deadline to submit resume is Noon on Friday,August 3,2018. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION SEWER MAINTENANCE WORKER DEPARTMENT WASTE MANAGEMENT SERVICES SALARY $26.85 with $1.00 increase after 6-month probation FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT MUNICIPAL EMPLOYEES LOCAL#177 GENERAL STATEMENT OF DUTIES Performs maintenance, repair and construction of municipal storm and sanitary wastewater collection systems. The work is performed under the general direction of the Collection Systems Foreman and Collection Systems/Maintenance Supervisor. May perform basic foreman duties in absence of Collection Systems Foreman. EXAMPLES OF ESSENTIAL FUNCTIONS pick and shovel to pry, move, load and unload (Illustrative On manhole covers, casings and other heavy items. These functions are considered essential for successful performance in this job classification. 7. Performs general maintenance activities such as snow removal,building and equipment repair. 1. Performs routine preventive maintenance on storm and sanitary wastewater collection systems 8. Operates television equipment used to inspect including the repair and construction of catch new and existing sewers. basins,manholes and related structures. 9. Sets up, monitors and operates portable flood 2. Cleans and unclogs sewer lines and catch basins pumps during flood emergencies. and rebuilds catch basins and manholes. 10. Completes daily work sheets. 3. Lays sanitary and storm sewer tile and raises and lowers manholes. 11. Operates heavy duty and rough-riding vehicles and equipment. 4. Operates hydro-flusher, combination sewer cleaning unit, bucket machine, air compressor, 12. Lifts and carries items weighing up to one cement mixer,portable pumps,backhoe, crawler, hundred pounds with assistance as needed. excavator, large and small trucks. 13. Works outside in all weather conditions; works 5. Enters and works in confined spaces to check near moving vehicles and equipment and around lines or perform maintenance. mechanical and electrical hazards; operates equipment and tools that cause vibration; noise 6. Uses hand tools, makes hose and pipe level is loud; atmosphere may contain dust, connections, operates jackhammer, shovels infectious wastes, toxic and explosive gases or material into concrete mixer, hauls cement and unfavorable natural ventilation; visibility might other materials with wheelbarrow, operates be poor and mobility limited. manual gate openers, cleans debris from catch basins, loads sand, gravel, cold mix or other 14. Responds to citizen complaints, questions and materials, pulls ropes to start gas engines, uses requests for service. Page 364 of 610 15. Performs work of a repetitive nature and varied functions of the position. workload pace. 3. Required to possess or obtain an Iowa Class A 16. Works independently and with others with Commercial Drivers' License (CDL) with air minimum supervision. brake and tanker endorsements within 6 months of employment. Good driving record based on 17. Attends work regularly at the designated place City of Waterloo driver performance criteria. A and time. candidate with any of the following will not be considered for employment: loss of license for 18. Performs all work duties and activities in any reason during the period of candidacy for accordance with City policies, procedures and employment, if the candidate remains without a OSHA, City and Waste Management Services valid, current license for the position when the safety rules and regulations. City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its 19. Performs all other related duties as assigned. equivalent or conviction for OWI, reckless driving or other major moving violation within REOUIRED KNOWLEDGE &ABILITIES the previous five years; four or more citations for 1. General knowledge of the use of a wide variety of moving violations within the previous three-year hand tools; ability to read and follow simple period, excluding speeding violations of 10 mph blueprints. or less over the posted speed limit; three or more citations for moving violations within the 2. Knowledge of occupational hazards and safety previous one-year period. After appointment to precautions necessary in the maintenance of the position, disciplinary action or continuing sanitary and storm sewer systems. employment status may be reviewed for the following: four or more moving violations within 3. Ability to limit exposures to infectious waste, the previous three years, three or more moving toxic and explosive gases. violations within the previous one year or loss of license or conviction for OWI,reckless driving or 4. Ability to complete daily work sheets. other major moving violation within the previous five years;two or more at-fault accidents within a 5. Ability to complete assigned work projects three-year period while driving on City business; without direct supervision. three or more at-fault within a three-year period. 6. Ability to respond to questions and comments 4. Must be trained regarding Permit Required from the public tactfully and politely. Confined Space Program after beginning employment. 7. Ability to communicate effectively and maintain working relationships with coworkers, ESSENTIAL PHYSICAL ABILITIES supervisors and the public. The following physical abilities are required with or without accommodation. 8. Ability to work with people from a broad variety of social,economic,racial,ethnic and educational 1. Sufficient strength to perform assigned tasks. backgrounds. 2. Sufficient physical and mental stamina to work ACCEPTABLE EXPERIENCE & TRAINING twelve hour or double shifts during flood I. High school graduate/GED. emergencies. 2. Minimum two years experience in sewer 3. Sufficient speech and hearing that permits the maintenance construction, plumbing or other employee to communicate effectively with heavy construction in all types of weather. coworkers, supervisors and the public in person, OR over the telephone and over a radio. Any equivalent combination of training and experience that provides the knowledge, skills 4. Sufficient personal mobility that permits the and abilities necessary to perform the essential employee to operate vehiclsa an eg ipg safely in all types of weather and a variety of road Friday with a 20-minute paid lunch break. During flood conditions, enter and work in confined spaces emergencies,may transition to 12-hour shifts. Subject to with entry being as small as twenty-two inches, emergency call during flood or other severe weather use ladders to climb up to thirty feet, visit work conditions. Rotates call with other Sewer Maintenance sites anywhere in Waterloo and meet with the Workers about every ninth week. public inside and outdoors. Employees hired in this iob classification may be 5. Sufficient manual dexterity and grip/grasp ability cross-utilized in other City departments in to use hand tools such as pipe wrench, pick, emergency and non-emergency situations as shovel and rake,make hose and pipe connections, determined by the workload. Consequently, hours operate jackhammer,operate manual gate openers of work, including starting and ending times, work and pull ropes. schedule, rest periods, work duties etc. will vary depending on the department to which the employee 6. Sufficient vision to operate vehicles and is assigned. equipment and use construction maintenance tools. EXAMINATION INFORMATION MISCELLANEOUS Qualified applicants who apply by the deadline date will I. Must wear personal protective equipment be required to appear before an oral examination panel including but not limited to safety shoes, safety consisting of a minimum of three people who have glasses,safety vest,hearing protection,gloves and expertise in the areas being tested. An individual must hardhat as job assignment requires. receive a minimum average score of sixty points out of one hundred to achieve a passing score on the oral 2. Must wear standard uniform as supplied by City. examination. The top applicants,as ranked by their scores on the oral examination will be the individuals placed on 3. Must comply with City of Waterloo Residency the certified list. Applicants who qualify as outlined and Policy for Critical Employees (physically reside are full time regular employees of the City of Waterloo within thirty-mile radius of Waterloo City Hall- shall have one additional point per full year of will be given reasonable compliance period as employment up to a maximum of five points added to determined by department head).Must maintain a their final score. Honorably discharged men and women local telephone number in order to be contacted from the military or naval forces of the United States who during emergencies. qualify per provisions of Chapter 35 of the Code of Iowa and who are citizens and residents of the United States 4. Must submit to Department of Transportation shall have five additional points added to their final score requirements including pre-employment, post- upon submission of their DD214 or ten points added if accident, reasonable suspicion, random and they were awarded a Purple Heart or have a service return-to-duty/follow-up alcohol and drug testing. connected disability. 5. The City of Waterloo reserves the right to conduct ORAL EXAMINATION DATE a background investigation including Qualified applicants who apply by the deadline date will employment, education, driving and criminal be notified of the time,place and date of the examination. history checks on any applicant being considered A.A./E.E.O. for this position. Minority,female& disabled individuals are encouraged to apply. 6. Must submit to and pass Civil Service examination procedures including a panel interview. 7. Must submit to and pass pre-employment physical and drug test. Failure to pass these tests SEWER MAINTENANCE WORKER DESCRIPTION 01 December 2020 will result in withdrawal of employment offer. WORK SCHEDULE Scheduled shift is generally 7:00 a.m.-3:00 p.m.Monday- Page 366 of 610 PERSONNEL REQUISITION Sewer Maintenance Worker The following questions are provided as guidelines to assist you in developing your rational for the position of Sewer Maintenance Worker in the WMS Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Perform maintenance on storm and sanitary sewer such as cleaning and repairing manholes and catch basins, clearing obstructions in sewers, operating flushers and excavation equipment,televising sewer lines, and assisting in flood control emergency operations. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? The department has operators in similar classifications; however a reduced number of operators will directly impact the ability to provide timely citizen services. (3) How is the work of this position being accomplished now? Reduced number of operators equals reduced tasks that can be accomplished. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes.We are currently down two individuals that perform these duties. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is necessary for the department to meet the departmental objectives,i.e., cleaning and inspection goals, infrastructure repairs and replacement, providing on-call service to residents,televising sewers, cleaning and maintained waterways per our NPDES permit, and emergency flood fighting operations. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? No cost savings or increased revenues would be realized by this position. Position is directly related to providing citizen services in a timely manner. (7) If you are paying overtime or comp time within your department to accomplish this work now, how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? The department pays overtime only as necessary. Less will be accomplished on a daily basis until the position is filled. Page 367 of 610 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. The department workload is multi-faceted, citizen complaints, annual preventive cleaning,inspection, maintenance, and storm water ordinance compliance. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Should these positions go unfilled, we will have not have the personnel resources to complete the demands and service expectations that the citizens have come to expect. Less sewer maintenance workers means fewer miles of sewer cleaned and televised, fewer catch basins repaired, fewer waterways cleaned, and less equipment staged and available to handle flood emergencies. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? As any position, some jobs can't be completed with the timeliness expected of both the department and the customer. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? I don't believe it is practical to outsource the duties of a sewer maintenance worker. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? Sewer maintenance ensures the operation of sanitary sewer for residents and commercial and industrial businesses throughout the City and has staff on call 24/7. The contribution of this position is critical to the overall objectives of the department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position directly impacts the department's ability to develop a customer-centered service delivery approach. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 368 of 610 April 30, 2021 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Sewer Maintenance Worker for the City of Waterloo, Iowa Public Works-Waste Management Services Department. Appointment(s) shall be made from this list for the next year(April 30, 2021 —April 29, 2022). CERTIFIED LIST Cody Demaro Cody Paine Kyle Kayser Chad Wildeboer Treyshawn Plunkett Isaiah Smalley Ryan Black Ryan Kramer Respectfully submitted, Barry Haskins Date Lovie Caldwell Date Ethel Washington Date CS LIST SEWER MAINTENANCE WORKER 21 Page 369 of 610 CITY OF WATERLOO Council Communication Recommendation of appointment of Courtney Coleman to the position of Member Services/Marketing Specialist, in the Leisure Services Department, effective June 1, 2021. City Council Meeting: 5/17/2021 Prepared:4/30/2021 ATTACHMENTS: Description Type ❑ Personnel Req. Member Services -Marketing Specialist Cover Memo ❑ Job Description Member Sery/Marketing Specialist Cover Memo ❑ Civil Service List MemSery Cover Memo Recommendation of appointment of Courtney Coleman to the position of SUBJECT: Member Services/Marketing Specialist, in the Leisure Services Department, effective June 1, 2021. Submitted by: Submitted By:Paul Huting Leisure Services Director Recommended Action: Recommend approval of appointment. Summary Statement: The Civil Service List for Member Services/Marketing Specialist was certified 4/30/21. Expenditure Required: Annual Salary $49,317 Annual Benefits : approx. $16,000 Source of Funds: 65% from 4180 SportsPlex operating budget 35% from 4200 Sports and Youth Services operating budget This appointment will support the City of Waterloo Strategic Plan: Policy Issue: Strategy 1.7 Seek ways to create a live, learn, work, and play environment with amenities that attract and retain population in Waterloo. Strategy 3.1 Continue to implement and explore new options for revenue generation for the City. This action would fill a vacancy that has been open since 11/20/20. This Background Information: position is critical to the revenue stream of our department through successful marketing, membership recruitment and retention. Page 370 of 610 recd 12-/,0/10 PERSONNEL REQUISITION FORM Check as applicable: ® To start recruiting or civil service process and/or ® To fill a vacancy ❑ Active Civil Service List Expires: A proposed job description and questionnaire must accompany this form at time of subruissiouu to Human Resources. Position Title: Member Services/Marketing Specialist Department: Leisure Services Reports To: Recreation Services Manager Work Location: Cedar ValleSportsPlex Employment Status: ®Regular Full Time ❑Temporary Full Time from to ❑Regular Part Time ❑ Temporary Part Time from to ❑Regular 7-Month ❑ Intern/Co-op Student from to Type of Position: Recommended Recruitment Sources: Civil Service Position: ®Yes ❑No ❑Internal Posting Only Bargaining Position: ❑Yes ®No ®Internal Posting and External Advertising Non-bargaining Position: ®Yes ❑No Complete the following if the requisition is to fill a vacancy: ❑ New Position or ® Replacement Position for:Kathryn Moeller (Specify name of former incumbent) If replacement, former incumbent: ❑ Retired/Resigned/Terminated ❑ Transferred ❑ Promoted Date incumbent terminated employment: 11/20/20 Date of final payout: 12/18/20 Anticipated start date: 2/1/20 No. of hours/week: 40 Work schedule: varied Annual salary requirements: 49,317 Hourly Rate: 23.71 Is position budgeted for this and future FYs? ®Yes ❑ No If no,how will position be funded? Justification of need for position: This position will be crucial to the success of ouroperation. This position will assume responsibility for nurturing relationships with members while consistenly recruiting new members. Position will also be responsible for marketing facilties to tournament organizers,publicizing departmental programming and keeping all electronic media up to date. This posisiton also performs all bookkeeping and payroll functions. What are the likely consequences if the position is not filled? The ability to recruit and services members would be left to inexperienced and inconsistent seasonal staff. This portion of the Cedar Valley SportsPlex is vital to the ability to generate membership revenue. APPROVALS Approved subject to the following conditions: ej�; fvZ :,,2r O - 1� �� 2e�'Submitting Department Date Mayor/ I Oate 42 -/7-. J 0l0 Chie Financial Officer Date Human Resources Manager Date Human Resources Committee Chairperson Date Page 371 of 610 NANCY CULPEPPER From: Sharon Juon Sent: Thursday, December 17, 2020 2:01 PM To: LANCE DUNN; NANCY CULPEPPER Subject: RE: Personnel Requisition meeting for Dec 17, 2020 I approve all positions listed below Sharon Juon From: LANCE DUNN Sent: Thursday, December 17, 2020 10:19 AM To: NANCY CULPEPPER; Sharon Juon Subject: RE: Personnel Requisition meeting for Dec 17, 2020 Sharon, Please send an email acknowledging your approval for all of the positions below so we can include with the original forms. Thanks, Lance Dunn Human Resources Director City of Waterloo 715 Mulberry Street Waterloo, IA 50703 (319)291-4522 ext. 3008 From: NANCY CULPEPPER<NANCY.CULPEPPER @WATERLOO-IA.ORG> Sent: Friday, December 11, 2020 8:29 AM To:Sharon Juon <Sharon.Juon@WATERLOO-IA.ORG> Cc: LANCE DUNN <LANCE.DUNN @WATERLOO-IA.ORG> Subject: Personnel Requisition meeting for Dec 17, 2020 12/11/2020 Sharon, I am not sure which way you prefer to receive this information. So here Is a copy of the requests for your meeting. You can also find them attached to the calendar meeting reminder. Nancy 1. Member Services/Marketing Specialist (Splex) 2. Facilities Maintenance—Plumber(Building) 3. Fire Marshall(WFR) 4. Sewer Maintenance Worker(WMS) i Page 372 of 610 PERSONNEL REQUISITION {insert Job Title} The following questions are provided as guidelines to assist you in developing your rational for the position of Member Services/Marketing Specialist in the Leisure Services Department. Depending upon your situation, some questions may or may not apply. Please provide written responses to these questions as part of your preparation for meeting with the Mayor. (1) What are the key job responsibilities of this position? Performs professional work overseeing and managing all aspects of the Department's communication and publications program. Serves as the point staff person for member recruitment and retention. Duties include the development and implementation of an overall marketing plan designed to inform the public on the department while driving revenue from registrations and memberships. Also responsible for payroll and deposits. (2) Can the job responsibilities of this position be assigned to other employees within the department? If no, why not? No. This position is the key conduit between members and the SportsPlex. Memberships account for a lion's share of our revenue, so it is crucial to have this position filled. (3) How is the work of this position being accomplished now? Staff members are filling in admirably at this point and slightly decreased traffic due to COVID have made it somewhat manageable at this point, however we need this position filled to keep attracting and maintaining members. (4) Are the filled positions in your department currently being utilized to their maximum potential? Yes. (5) How would filling this position meet the needs of your department or the City on either a short-term basis (if temporary position) or a long-term basis (if a regular position)? This position is the key conduit between members and the SportsPlex. Memberships account for a lion's share of our revenue, so it is crucial to have this position filled. (6) What cost savings or revenues, if any, would your department or the City realize if this position is filled? There would be no savings, however there is real potential for increased revenues with a person focused on the duties of this job. (7) If you are paying overtime or comp time within your department to accomplish this work now,how much overtime or comp time has been paid out or earned that is directly attributable to this position and over what period of time? Not yet, but likely will be around and after the first of the year. Page 373 of 610 (8) How has the work load or demands of your department changed in comparison to your staffing levels over the past three fiscal years? Provide statistics if possible. Our work load has increased (until COVID restrictions) with increased demands on use of the facility and more frequent part time staff turnover. (9) If this position is not filled, what affect will it have on your department? What work will not get done? What costs will you incur? Please be as specific as possible. Memberships are a huge portion of our revenue budget. Without a person focused on this role, our revenues will steadily decline. This position routinely is responsible for over 1 million dollars of deposits that take careful attention, especially since much of it deals with deductions from business accounts and/or people's individual bank accounts. (10) How do you cover the responsibilities for this position whenever the incumbent is out on vacation? Much work is put off until they return. Task needed to be completed daily are taken on by a variety of staff. (11) Is it possible that the City could outsource this position to an outside agency? If so, what savings, if any, would the City realize as a result of this change? No, consistency is crucia. (12) How would you rank this position in terms of its contribution to City business in comparison with other positions reporting to you? When looking at the responsibility for revenues I would rank this as important as any position within our department. (13) How does this position impact the Goals and Objectives for the City adopted by the City Council? This position check almost all of the boxes for the City's goals and objectives in some way. Note: Forward completed questionnaire to Human Resources Department with original copy of Personnel Requisition form. Page 374 of 610 MEMBER SERVICES/MARKETING SPECIALIST DEPARTMENT LEISURE SERVICES SALARY/GRADE FLSA NON-EXEMPT CIVIL SERVICE . INCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES Performs professional work overseeing and managing all aspects of the Department's communication and publications program. Serves as the point staff person for member recruitment and retention. Duties include the development and implementation of an overall marketing plan designed to inform the public on the department while driving revenue from registrations and memberships. The work is performed under the general direction of the Recreation Services Manager and Recreation Supervisor, but considerable leeway is granted for the exercise of independent judgement and initiative. Will supervise and coordinate the work of sports interns and seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS 7. Coordinates the purchase, control and (Illustrative Only maintenance of department audiovisual These functions are considered essential for successful equipment. performance in this job classification. 8. Develop and implement effective membership 1. Identifies, develops and implements an annual recruitment and retention campaign, including marketing plan designed to inform the public strategies to initiate and cultivate corporate of programs services and facilities available to partnerships throughout the Cedar Valley. enhance participation and thus revenue generation. 9. Develop and maintain an array of presentations to be used by staff for meetings with various 2. Prepares and/or coordinates the development community groups. and production of all department publications, as well as website and social media updates. 9. Coordinates and develops research efforts Prepares news release and advertisements to designed to gauge public interest, pricing all local media sources. strategies and usage patterns related to Recreation Division programs, services and 3. Maintains positive working relationship with facilities. all local media sources to ensure support for Department. 10. Assists with operation and supervision of front desk during peak hours. 4. Assists in preparing the annual budget for marketing and member services budgets 11. Compiles reports, performs data entry and completes forms on personal computer using 5. Interviews, hires, trains, supervises and the applicable software. evaluates seasonal sports staff in accordance with City personnel policies. Coordinate all 12. Works independently and with others with customer service training. limited supervision. 6. Responsible for generation of paid 13. Performs all work duties and activities in advertisements in publications as well as on accordance with City and Leisure Services digital message boards with the SportsPlex. policies,procedures and safety rules. Proofreads all departmental publications. Page 375 of 610 14. Attends work regularly at the designated place 11. Ability to sell the benefits of the organization and time. to potential sponsors, advertisers and donors. 15. Performs related duties as assigned. 12. Ability to keep accurate and thorough records. REQUIRED KNOWLEDGE &ABILITIES ACCEPTABLE EXPERIENCE & TRAINING 1. Considerable knowledge of computers and 1. Bachelor's Degree in recreation or closely software applications as well as most related field with minimum of four years audiovisual equipment. progressively more responsible experience in developing, administering, planning and 2. Considerable knowledge of layout and scheduling sports programs production advertisements, promotional pieces OR and flyers. High school diploma/GED with a minimum of eight years progressively more responsible 3. Skills in journalism techniques as they relate to experience in developing, administering, writing articles, web content, news releases, planning and scheduling sports programs awards and formal presentations. OR Any equivalent combination of education and 4. Personal computer skills and ability to learn experience that provides the knowledge, skills related software applications, enter and retrieve and abilities necessary to perform the work. information on a computer, develop computer- generated reports and update records. ESSENTIAL PHYSICAL ABILITIES 5. Knowledge of the philosophy and objectives of The following physical abilities are required with or public parks and recreation. without accommodation. 6. Ability to establish and maintain working 1. Speech and hearing that permits the employee relationships with local schools and civic to communicate effectively with other groups. employees, elected officials, the media, Commission members and members of the 7. Ability to review, understand and work within general public in person or by telephone. the constraints of an operating budget. 2. Personal mobility that permits the employee to 8. Ability to form positive relations with operate a passenger vehicle safely, visit sports members from a diverse social and economic and recreation sites and physically move to and background. from various Leisure Services facilities and attend meetings. 9. Ability to respond to questions, communicate effectively and maintain working relationships 3. Vision and manual dexterity that permits the with other City employees, supervisors, employee to operate a personal computer, Commission members, elected officials, the handle files and perform other administrative media and the general public tactfully and in a responsibilities. clear, concise and easily understandable manner. MISCELLANEOUS 1. The City of Waterloo will conduct a 10. Ability to function with independent judgment background investigation including and skills to plan, organize and implement all employment and criminal history checks on activities for the Leisure Services Department any applicant being considered for this recreation programs. position. Page 376 of 610 2. If using a City vehicle, must have Iowa Driver's License and good driving record based on the City of Waterloo insurability criteria. 3. Must submit to Civil Service examination procedures including a panel interview. WORK SCHEDULE The work schedule for this position will vary with different sports and special events seasons. Required to work evenings, holidays and weekends as needed for sports activities, events and meetings. There will be a one half or one hour unpaid meal break for full shift days. Limited overtime. Page 377 of 610 Resumes can only be submitted by going to the City of Waterloo website www.citvofwaterlooiowa.com, Career Opportunities, clicking on Member Services/Marketing Specialist, reading through the description and following the directions to submit your resume. We will not accept mailed, faxed, hand-delivered or directly emailed resumes. Deadline is Noon on Friday,February 26,2021. CIVIL SERVICE NOTICE CITY OF WATERLOO, IOWA OPEN EXAMINATION MEMBER SERVICES/MARKETING SPECIALIST DEPARTMENT LEISURE SERVICES WAGE $23.71 per hour FLSA NON-EXEMPT CIVIL SERVICE INCLUDED BARGAINING UNIT NON-BARGAINING GENERAL STATEMENT OF DUTIES Performs professional work overseeing and managing all aspects of the Department's communications and publications program. Serves as the point staff person for member recruitment and retention. Duties include but are not limited to the development and implementation of an overall marketing plan designed to inform the public about the department while driving revenue from registrations and memberships. The work is performed under the general direction of the Recreation Services Manager and Recreation Supervisor, but considerable leeway is granted for the exercise of independent judgement and initiative. Will supervise and coordinate the work of sports interns and seasonal employees. EXAMPLES OF ESSENTIAL FUNCTIONS 4. Assists in preparing the annual budget for (Illustrative Only) marketing and member services budgets. These functions are considered essential for successful performance in this job classification. 5. Interviews, hires, trains, supervises and evaluates seasonal staff in accordance with 1. Identifies, develops and implements an annual City personnel policies; coordinates all marketing plan designed to inform the public customer service training. of programs services and facilities available to enhance participation, increasing revenue 6. Responsible for generation of paid generation. advertisements in publications as well as on digital message boards with the SportsPlex; 2. Prepares and/or coordinates the development proofreads all department publications. and production of all department publications, as well as website and social media updates: 7. Coordinates the purchase, control and prepares news release and advertisements to all maintenance of department audiovisual local media sources. equipment. 3. Maintains positive working relationship with 8. Develops and implements effective all local media sources to ensure support for membership recruitment and retention department. campaign including strategies to initiate and cultivate corporate partnerships throughout the Cedar Valley. Page 378 of 610 9. Develops and maintains an array of 6. Ability to establish and maintain working presentations to be used by staff for meetings relationships with local schools and civic with various community groups. groups. 10. Coordinates and develops research efforts 7. Ability to review, understand and work within designed to gauge public interest, pricing the constraints of an operating budget. strategies and usage patterns related to Recreation Division programs, services and 8. Ability to form positive relations with facilities. members from diverse social and economic backgrounds. 11. Assists with operation and supervision of front desk during peak hours. 9. Ability to respond to questions, communicate effectively and maintain working relationships 12. Compiles reports, deposits and payroll, with other City employees, supervisors, performs data entry and completes forms on Commission members, elected officials, the personal computer using the applicable media and the public tactfully and in a clear, software. concise and easily understandable manner. 13. Works independently and with others with 10. Ability to function with independent judgment limited supervision. and skills to plan, organize and implement all activities for the Leisure Services Department 14. Performs all work duties and activities in recreation programs. accordance with OSHA, City and Leisure Services policies,procedures and safety rules. 11. Ability to sell the benefits of the organization to potential sponsors, advertisers and donors. 15. Attends work regularly at the designated place and time. 12. Ability to keep accurate and thorough records. 16. Performs related duties as assigned. 13. Ability to work with people from a broad variety of social, economic, racial, ethnic and REQUIRED KNOWLEDGE &ABILITIES educational backgrounds 1. Considerable knowledge of computers and software applications as well as most ACCEPTABLE EXPERIENCE & TRAINING audiovisual equipment. 1. Bachelor's Degree in recreation or closely related field with minimum of four years 2. Considerable knowledge of layout and progressively more responsible experience in production advertisements, promotional pieces developing, administering, planning and and flyers. scheduling sports programs OR 3. Skilled in journalism techniques as they relate High school diploma/equivalent with a to writing articles, web content, news releases, minimum of eight years progressively more awards and formal presentations. responsible experience in developing, administering, planning and scheduling sports 4. Personal computer skills and ability to learn programs related software applications, enter and retrieve OR information on a computer, develop computer- Any equivalent combination of education and generated reports and update records. experience that provides the knowledge, skills and abilities necessary to perform the essential 5. Knowledge of the philosophy and objectives of functions of the position. public parks and recreation. Page 379 of 610 ESSENTIAL PHYSICAL ABILITIES WORK SCHEDULE The following physical abilities are required with or The work schedule for this position will vary with without accommodation. different sports and special events seasons. Required to work evenings, holidays and weekends as needed 1. Speech and hearing that permits the employee for sports activities, events and meetings. There will to communicate effectively with other be a one half or one hour unpaid meal break for full employees, elected officials, the media, shift days. Limited overtime. Commission members and the public in person or by telephone. ORAL EXAMINATION All qualified candidates who apply by the deadline date 2. Personal mobility that permits the employee to will be required to appear before an interview panel operate a passenger vehicle safely, visit sports consisting of a minimum of three people who have and recreation sites and physically move to and expertise in the areas being tested. An individual must from various Leisure Services facilities and receive a minimum average score of sixty points out of attend meetings. one hundred to achieve a passing score on the interview. The top applicants, as ranked by their scores 3. Vision and manual dexterity that permits the on the interview, will be the individuals placed on the employee to operate a personal computer, certified list. Applicants who qualify as outlined and handle files and perform other administrative are full time regular employees of the City of Waterloo responsibilities. shall have one additional point per full year of employment up to a maximum of five points added to MISCELLANEOUS their final score. Honorably discharged men and 1. The City of Waterloo will conduct a women from the military or naval forces of the United background investigation including States who qualify per provisions of Chapter 35 of the employment and criminal history checks on Code of Iowa and who are citizens and residents of the any applicant being considered for this United States shall have five additional points added to position. their final score upon submission of their DD214 or ten points added if they were awarded a Purple Heart or 2. If using a City vehicle, must have Iowa have a service connected disability. Driver's License and good driving record based on the City of Waterloo driver performance ORAL EXAMINATION DATE criteria. All qualified candidates who apply by the deadline date will be notified of the time, place and date of the oral 3. Must submit to and pass Civil Service examination. examination procedures including a panel interview. A.A./E.E.O. Minority,female& disabled individuals are encouraged to apply. MEMBER SERVICES-MARKETING SPECIALIST DESCRIPTION 21 January 21 Page 380 of 610 April 30, 2021 TO: Honorable Mayor& City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Member Services/Marketing Specialist for the City of Waterloo, Iowa Leisure Services Department. Appointment(s) shall be made from this list for the next year (April 30, 2021 —April 29, 2022). CERTIFIED LIST Courtney Coleman Jessica Balek Melissa Summers Craig Laue Respectfully submitted, Barry Haskins Date Lovie Caldwell Date Ethel Washington Date CS LIST MEMBER SERVICES-MARKETING SPECIALIST 21 Page 381 of 610 CITY OF WATERLOO Council Communication Motion approving a fireworks display application for the Waterloo Bucks Ball Club, located at 850 Park Road, on June 5, 12, July 3, 4, 10, 17, 31 and August 14, 2021 starting at 10:00 p.m. and lasting for ten minutes. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 Motion approving a fireworks display application for the Waterloo Bucks SUBJECT: Ball Club, located at 850 Park Road. on June 5, 12, July 3, 4, 10, 17. 31 and August 14. 2021 starting at 10:00 p.m. and lasting for ten minutes. Submitted by: Submitted By:Kelley Felchle, C4 Clerk Page 382 of 610 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 5/17/2021 Prepared: ATTACHMENTS: Description Type ❑ Bonds Backup Material SUBJECT: Bonds. Page 383 of 610 BONDS FOR COUNCIL APPROVAL May 17, 2021 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 RL10513265 B.C. CONSTRUCTION, INC. CEDAR FALLS, IA IA 596207 BRAD TAYLOR WATERLOO, IA IA 537837 DON GARDNER CONSTRUCTION CO. WATERLOO, IA 2324751 DIAMOND CONCRETE LLC WATERLOO, IA IA 600834 GREAT PROPERTIES LLC WATERLOO, IA IA 600354 GREG HASSMAN DBA ROYAL TURF, LLC CEDAR FALLS, IA 55-198794 K &W ELECTRIC, INC. CEDAR FALLS, IA 62814559 MP NEXLEVEL, LLC MAPLE LAKE, MN 69173956 MELT, LLC WATERLOO, IA 64901176 NICHOLAS JACKSON DBA NJ PLUMBING DYSART, IA IA 601656 PETERS CONSTRUCTION CORP. WATERLOO, IA IA5159532 ROGER SMITH CONSTRUCTION INC. CEDAR FALLS, IA 64588154 S & D CONSTRUCTION LLC WATERLOO, IA IA 595956 PAUL ZESCHKE DBA ZMS WATERLOO, IA IA5107020 ROEDER SNOW REMOVAL LLC WATERLOO, IA 7900414955 SADLER COMPANY, LLC WATERLOO, IA IA5538926 SCOTT FORD WATERLOO, IA IA 560030 TIME CONCRETE CONSTRUCTION CO. HUDSON, IA 64662883 VERACITY EXCAVATING LLC LA PORTE CITY, IA 63184256 WILLIE GREER DBA GREER'S WORKS WATERLOO, IA ROW BONDS 5/3/2021 Page 1 of 1 Page 384 of 610 CITY OF WATERLOO Council Communication Motion approving Change Order No. 4 from Woodruff Construction, LLC, of Waterloo, Iowa, for a net increase of$95,540, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/12/2021 ATTACHMENTS: Description Type ❑ Change Order#4 - 5 Bros 2020 Skywalk Backup Material Motion approving Change Order No. 4 from Woodruff Construction, LLC, SUBJECT: of Waterloo. Iowa, for a net increase of$95.540, in conjunction with the 5 Sullivan Brothers Convention Center 2020 Skywalk Improvements Project, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval PR 08 - Cost to perform work related to Commercial Street- Skywalk leak Summary Statement: fines. Remove and replace curtain wall; metal wall panels & flashings; re- caulking, wall framing& infill, insulation and wall finishing. Page 385 of 610 AIAw1 - Document G701 ' — 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 5 Sullivan Brothers Convention Center Contract For:General Construction Change Order Number:004 2020 Skywalk Improvements,Waterloo, Project No: 19-23770 LA, Date:May 07,2020 Date:May 10,2021 OWNER:(Name and address) ARCHITECT:(Name and address) CONTRACTOR:(Mune and address) City of Waterloo 1&S Group,Inc.(ISG) Woodruff Construction,LLC 715 Mulberry Street 314 East 4th Street 1717 Falls Avenue Waterloo,IA 50703 Waterloo,LA 50703 Waterloo,lA 50701 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,ifapplicable,attach or reference specific exhibits.Also include agreed capon adjustments attributable to executed Construction Change Directives) A. PR 08: Cost to perform work related to Commercial Street-Skywalk Leak Fixes.............Afld 595,540.00 (Remove&replace curtain wall;metal tvall panels&flashings; recaullfing, tvcall framing&=infill, insulation and hall finishing). TOTAL AMOUNT Ol++"'PHIS CHANGE ORDER,ADD TO CONTRACT SUM$95,540.00. NOTE: Per PR 08-Construction to be performed on T&M NTE amt as noted above;professional design fees to be addressed per AIA doe G802 Amendment for Professional Pees. The original Contract Sum was $ 199,890.00 The net change by previously authorized Change Orders $ 17,044.00 The Contract Sum prior to this Change Order was $ 216,934.00 The Contract Sum will be increased by this Change Order in the amount of $ 95,540.00 The new Contract Sung including this Change Order will be $ 312,474,00 The Contract Time will be unchanged by Zero(0)days. The new date of Substantial Completion will he August 21,2020(original contract date):August 1,2021 (added scope). NOTE:This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. I&S Group,111c.(ISG) Woodruff Construction,LLC City of Waterloo ARCCXTECT(Firm name) CONTRA (Flan tan: OWNER(Finn name) SIGNATURE SI�JATURE SIGNATURE Nathan Compton,Architect/Project John Mallen,Project Manager Quentin Hart,Mayor Manager PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE May 10,2021May 12th, 2021 DATE DATE DATE AIA document G701'--2017.Copyright @ 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,'AlA,"the AA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 17:16:44 ET on 0 511 112 0 2 1 under Order No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail copyright@aia.org, User Notes: (3139ADA40) Page 386 of 610 CITY OF WATERLOO Council Communication Request by Cedar Valley Corporation, LLC, for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the"B-P"Business Park District. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Legal Description 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 and recommendation of approval of the Planning Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an ordinance amending Ordinance No. 5079, as amended. City of Waterloo Zoning SUBJECT: Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, to approving a request by Cedar Valley Corporation, LLC, for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the"B-P" Business Park District, with a condition that the project be completed by October 31, 2021. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The applicant is requesting to place a temporary cement batch plant for the reconstruction of US Highway 20 to be placed on the east side of Ansborough to the south of US Highway 20. The Planning, Programming, Summary Statement: and Zoning Commission voted unanimously 9-0 to recommend approval of the site plan amendment adding a condition that the project be completed on October 31st, 2021 or return to the commission and City Council for a extension. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development and Land Use. The noise from the batch plant could have a negative impact on the Page 387 of 610 surrounding area however there is only two homes in the immediate area and the applicant is pushing the facility east to help keep it further away from the residences. The proposed site plan amendment would not appear to have a negative impact upon vehicular or pedestrian traffic conditions in the area. In fact the project could have a positive effect on traffic conditions as it would keep vehicles from having to travel from other concrete facilities in the city. The nearest recreational trail is the Fisher Drive trail which is located 1400 feet to the north across US Highway 20 from the site. The Shaulis Road trail is located 0.5 miles to the south. There is no sidewalks located in the area. The area in question has been zoned "B-P"Business Park District since adoption of Zoning Ordinance 5198 on February 3, 2014 when it was rezoned from"R-4"Multiple Residence District having previously been rezoned from"A-1"Agricultural District. Surrounding land uses and their zoning designations are as follows: North—US Highway 20 and commercial, zoned "B-P"Business Park District. South—Agricultural zoned "B-P"Business Park District. East—Agricultural zoned "B-P"Business Park District. West—Ansborough Avenue,Agricultural and Residences zoned "A-1" Agricultural District. No buffers would be required as a part of this request. The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water management techniques are put in place. The surrounding area consists of two residences built in 1909 and 1950 and commercial across US Highway 20 built between 2008 and 2017. No portion of the property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0303F, dated July 18, 2011. Lou Henry Elementary School is located 1.01 miles to the northeast, Hoover Middle School is located 1.19 miles to the northeast, and West High School is located 1.79 miles to the northeast. Sulentic Park is located 0.67 miles to the north. Overhead power lines on the west side of Ansborough Avenue are the only known utilities in the area. The Future Land Use Map designates this area as Mixed Commercial: Medium to High Density Residential; Professional Offices, Compatible Background Information: Commercial and Business Park: Professional Offices, Commercial; Compatible Light Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. The applicant is requesting to have a temporary cement batch plant on the site during the reconstruction of US Highway 20 this year. Having the plant adjacent to the US Highway 20 project will allow easy access to the construction project and allow the company to avoid having trucks traveling through the city on a regular basis during the summer. There will already be increased traffic through the city due to US Highway 20 having lane closures between Hawkeye Road (Iowa Highway 21)and US Highway 63 during the construction season. The plant will be located approximately 500 feet from the only two Page 388 of 610 residences in the area. The property that the batch plant will be located on is in the South Waterloo Industrial Park that has been acquired over the last few years in order to allow the City of Waterloo to have a shovel ready large industrial site available. The Planning, Programming and Zoning Commission voted unanimously 9- 0 to recommend approval of the site plan amendment request adding a condition that the project be finished by October 31, 2021 or the applicant return for an extension. There has been no opposition voiced to this request. The applicant is not proposing to subdivide the property. Therefore, staff recommends that the request by Cedar Valley Corporation, LLC for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the"B-P"Business Park District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would help reduce the amount of construction traffic on Waterloo streets during the reconstruction project which will already be seeing increased traffic due to the closer of lanes of US Highway 20 during this period. 4. The request would not appear to have a negative impact upon the surrounding area. 5. The request is temporary during the reconstruction of US Highway 20. With the following condition: 1. That the project be completed by October 31, 2021 or the applicant return for an extension. The Southwest '/4 of the Northwest 1/4 and the North '/2 of the Northwest 1/4 Legal Descriptions: of the Southwest 1/4 of Section 9, Township 88 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County Iowa, except road. Page 389 of 610 April 13,2021 REQUEST: Request by Cedar Valley Corporation, LLC for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the "B-P" Business Park District. APPLICANT(S): Cedar Valley Corporation, LLC, 2637 Wagner Road, Waterloo, Iowa 50703 GENERAL The applicant is requesting to place a temporary cement batch DESCRIPTION: plant for the reconstruction of US Highway 20. SURROUNDING The noise from the batch plant could have a negative impact LAND USES AND on the surrounding area however there is only two homes in IMPACT ON the immediate area and the applicant is pushing the facility NEIGHBORHOOD: east to help keep it further away from the residences. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact upon vehicular or pedestrian traffic TRAFFIC conditions in the area. In fact the project could have a positive CONDITIONS: effect on traffic conditions as it would keep vehicles from having to travel from other concrete facilities in the city. RELATIONSHIP TO The nearest recreational trail is the Fisher Drive trail which is RECREATIONAL located 1400 feet to the north across US Highway 20 from the TRAIL PLAN AND site. The Shaulis Road trail is located 0.5 miles to the south. COMPLETE STREETS There is no sidewalks located in the area. POLICY: ZONING HISTORY The area in question has been zoned "B-P" Business Park FOR SITE AND District since adoption of Zoning Ordinance 5198 on February IMMEDIATE VICINITY: 3, 2014 when it was rezoned from "R-4" Multiple Residence District having previously been rezoned from "A-1" Agricultural District. Surrounding land uses and their zoning designations are as follows: North — US Highway 20 and commercial, zoned "B-P" Business Park District. South — Agricultural zoned "B-P" Business Park District. East —Agricultural zoned "B-P" Business Park District. West —Ansborough Avenue, Agricultural and Residences zoned "A-1" Agricultural District. BUFFERS/ No buffers would be required as a part of this request. SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: The proposed request would not appear to have a negative impact upon drainage in the area if proper storm water management techniques are put in place. SPA-Across from 4342 Ansborough Avenue. Page 1 of Page 390 of 610 April 13,2021 DEVELOPMENT The surrounding area consists of two residences built in 1909 HISTORY: and 1950 and commercial across US Highway 20 built between 2008 and 2017. FLOODPLAIN: No portion of the property is located within a floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 0303F, dated July 18, 2011. PUBLIC /OPEN Lou Henry Elementary School is located 1 .01 miles to the SPACES/ SCHOOLS: northeast, Hoover Middle School is located 1.19 miles to the northeast, and West High School is located 1.79 miles to the northeast. Sulentic Park is located 0.67 miles to the north. UTILITIES: WATER, Overhead power lines on the west side ofAnsborough Avenue SANITARY SEWER, are the only known utilities in the area. STORM SEWER, ETC. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Commercial: Medium to High Density Residential; Professional LAND USE PLAN: Offices, Compatible Commercial and Business Park: Professional Offices, Commercial; Compatible Light Industrial. The proposed site plan amendment would be in conformance with the Comprehensive Plan and Future Land Use Map for this area. STAFF ANALYSIS — The applicant is requesting to have a temporary cement batch ZONING plant on the site during the reconstruction of US Highway 20 ORDINANCE: this year. Having the plant adjacent to the US Highway 20 project will allow easy access to the construction project and allow the company to avoid having trucks traveling through the city on a regular basis during the summer. There will already be increased traffic through the city due to US Highway 20 having lane closures between Hawkeye Road (Iowa Highway 21) and US Highway 63 during the construction season. The plant will be located approximately 500 feet from the only two residences in the area. The property that the batch plant will be located on is in the South Waterloo Industrial Park that has been acquired over the last few years in order to allow the City of Waterloo to have a shovel ready large industrial site available. The Planning, Programming and Zoning Commission voted unanimously 9-0 to recommend approval of the site plan amendment request adding a condition that the project be finished by October 31, 2021 or the applicant return for an extension. There has been no opposition voiced to this request. SPA-Across from 4642 Ansborough Avenue Page 2 of Page 391 of 610 April 13,2021 STAFF ANALYSIS — The applicant is not proposing to subdivide the property. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request by Cedar Valley RECOMMENDATION: Corporation, LLC for a Site Plan Amendment for a temporary cement batch plant to be located across from 4342 Ansborough Avenue in the "B-P" Business Park District, be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. 3. The request would help reduce the amount of construction traffic on Waterloo streets during the reconstruction project which will already be seeing increased traffic due to the closer of lanes of US Highway 20 during this period. 4. The request would not appear to have a negative impact upon the surrounding area. 5. The request is temporary during the reconstruction of US Highway 20. With the following condition: 1. That the project be completed by October 31, 2021 or the applicant return for an extension. SPA-Across from 4642 Ansborough Avenue Page 3 of Page 392 of 610 City of Waterloo Planning, Programming and Zoning Commission April 13, 2021 R-4 �� R-3�� R-41 Mo, R_-3 a = °R EKING - I SSG � MEAD O LN � C. Z� O )YA OHAINESAVE R-3 R-3 ARRYINGTON ¢ RIDGEM NT RD j CHAEL ST DR a R-3 R-,1 C'Z G�� w o � m CHAEL ST p%N °� 2� m a W R-3, R-4 tidy, �HLRS N N o R-4 R-1 z o a ¢ --� O m a v M N OLYMPIC DR_ J R-3,m 3 z OU C-1, A-1 9'``� R-PI Z R-2J z C_Z O �_ m R. ° O MPIC DR iQ C-1HOME rRAIRIE ' -1 MEADOW f m �C-2 Q cr• �L EXCELSIOR LN SO L a C. W.SAN MARNAN DR `o F C -- - - - - C1 Z MARNAN DR U C-2, 2 C-P m R-4,R-P C-Z� g TO ER PARK DR = 2 z 'u C-Z ¢ OWER PA K DR T R-4,R-P O VJAYDP FisyFRD m C-P C_P z C-2;C-Z R v y R-4 R-3 WINN ST -2■ I l! OR ------------- 7 �l 0 �ARTR/OGF I z R-1 KESTREL 3 R DR g_P J m 2 DAKOTADR w c=7 � THRUSH DR O D m O C m C 0 O � z � O � A z �P XWING PARTRIDGE W.SHAULIS RD W.SHAULIS RD A-1 w R-1 N Across from 4342 Ansbororough W .E Avenue s Site Plan Amendment Cedar Valley Corporation Feet Page 393 of 610 City of Waterloo Planning, Programming and Zoning Commission April 13, 2021 �r ` ` -�;,• £' W. SAN�W.TSAN WV AN W. SAN W. SAN W._SAN W. SAN . SAN W.,SAN L.W'SAN MARNAN DR"MARNAN DR MARNAN DR MARNAN DR'MARNAN DR"MARNAN DR MARNAN DR MARNAN DR`MARNAN DR MARNAN DRR, M _ _ O AS ... W p w �OWERDR TOWF �� Q TOWER TOWER PARK DR PARK<DR �— Q O ITZWA� ��. 'A-/ ¢ m z F c�ROR_m s FISHER z m W/NN ST F z J Q • . Ow �m Q Location of proposed temporary Q / cement batch plant O Property requesting ` m site plan amendment z 000¢ ¢ m - z m¢ s z ¢ j pSHAULIS RD i � ',: T ` _ \O W. SHAD \ � W. SHAULIS m LIS RD W. W. SHA ULIS RD r F _ ' r Adjacent to 4342 Ansborough Avenue N Site Plan Amendment W E Cedar Valley Corporation w • S Page 394 of 610 S s ,Y W a V. - = C7 - cvi'0,> O to O Q � Q 49T J c Plant Site Approx. 6.58 Acres ti 0 O ;? . w > 49T oma Q + N E 5 200 100 0 200 Feet Page 395 of 61 u � 'fir - �, � "+•,�iw ept rr j Loll!L To Page 396 of 610 Site Plan Amendment — Across from 4342 Ansborough Looking north along Ansborough to the US 20 interchange. .limp Looking east from Ansborough to the proposed location of the cement plant. Page 397 of 610 LIE Vii`: hip Looking north along Ansborough toward the US 20 interchange and approximate location of main driveway. Looking west toward 4436 Ansborough Avenue. Page 398 of 610 APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", 66S-1" OR "C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA / 319.291.4366 New or Overall Amendment ✓ Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name(please print): AAIle, CAP Address:Z(P37 A),4.&,ue,,e A•i Phone: 319-z3S-4s 37 Fax: '3119-235---7/'79 City: WA-rEp--vu State: ICA Zip: 5-0703 Email: A.- Q Cha✓✓&-lle Co ,con b. Status of applicant: (a) Owner (b) ther_ (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Cif, o,( WA-TeA4-ty Address: 7105 lk,46±r ti '5t Phone: 3I-2q( - q 31) Fax: City: JJrt-r044-cXo State: =1f Zip: 5-070? Email: ie)AV, JC—VW C0 w��'�-Z.lt•ar� 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 5��+h N�,f Ce�ti't✓ o ✓,�v56o2rc �rc b. Legal description of property or portion to be amended: f�A2�( ��. 8813 - oq-3Z�- Dob c. Dimensions of proposed site plan amendment: ly�p�or W-7f t( 4,00 d. Area of proposed site plan amendment: 6 '.5 6 Aces e. Current zoning: 1490,LJ4,Vd L512Z f. Reason(s)for site plan amendment and proposed use(s) of property: T u ✓terra y {�/.f.�f &OLA de'n I OA- O� IycT &,,J ZO) g. Conditions(if any)agreed to(does not affect existing conditions unless specified): 5 �t� G ofd-y /ce ,f' h. Other pertinent information(use reverse side if necessary): 5F� ,¢/¢,.zs►�„ Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200 (for new or overall amendment), $100(for individual Building), or$0(for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to en the property in question in regards to the request. 3/2&/zI Signature o pplicant Date Signature of Owner i/►o,14- -s �N?� CEa- voe7 calf,u.� Paged of 610 The Southwest% of the Northwest%and the North % of the Northwest%of the Southwest% of Section 9, Township 88 North, Range 13 West of the 5t" Principal Meridian, City of Waterloo, Black Hawk County Iowa, except road. Page 400 of 610 CITY OF WATERLOO Council Communication Five Sullivan Brothers Convention Center 2nd Floor Renovation. City Council Meeting: 5/17/2021 Prepared:4/27/2021 ATTACHMENTS: Description Type ❑ Form of contract Backup Material ❑ Bid Tabulation Backup Material Motion to receive and file proof of publication 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 the Building Official for review. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Page 401 of 610 Document A101 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the day of in the year (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 deleted from the original AIA text. TO BE DETERMINED This document has important legal consequences.Consultation with an attorney is encouraged with respect 01) to its completion or modification. i— Z for the following Project: The parties should complete (Name, location and detail lescri n) A101@-2017,Exhibit A, Insurance Z and Bonds,contemporaneously with 0 pry I Five Sullivan Brothers Renovation of the Second Floor Meeting Rooms&Adjacent Lobby this Agreement.AIA Document Space A201(D-2017,General Conditions of O the Contract for Construction,is adopted in this document by U reference.Do not use with other � The Architect: general conditions unless this (Name, legal status, address and other information) document is modified. 0 U I&S Group,Inc.(ISG) 314 East 4th Street Waterloo,IA 50703 Telephone Number: 319-234-1515 The Owner and Contractor agree as follows. Init. 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 12:47:08 ET on 05/05/2021 under Order / No.8114132283 which expires on 07/1212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (2019709284) Page 402 of 610 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS >' 9 ENUMERATION OF CONTRACT DOCUMENTS ARTICLE 1 THE CONTRACT DOCUMENTS z 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 0 and integrated agreement be he parpidescr,,o', nd su sedes n f resentations,or agreements, rn either written or oral.An en era 1 f tt Do nts,o er an a o ication,appears in Article 9. E— t�il ARTICLE 2 THE WORK ! THIS N The Contractor shall fully e ute t od i the C ra Documents, cept as specifically indicated in Othe Contract Documents to b esponsters. n z ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 0 § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) rr [X] The date of this Agreement. Z 0 [ ] A date set forth in a notice to proceed issued by the Owner. C? [ ] 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: [ ] Not later than ( )calendar days from the date of commencement of the Work. Init. 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 2 registered trademarks and may not be used without permission.This document was produced by AIA software at 12:47:08 ET on 05/05/2021 under Order t No.8114132283 which expires on 0711212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (2019709284) Page 403 of 610 [X] By the following date: . § 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 ($ ),subject to additions and deductions as provided in the Contract Documents_ § 4.2 Alternates } § 4.2.1 Alternates, if any,included in the Contract Sum: Item Price n § 4.2.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following w 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.) a Item a onditions for Acceptance I— z iLi § 4.3 Allowances,if any,in e ntract FT 0 (Identify each allowance) O 0 Z Item Price O § 4.4 Unit prices,if any: U)j (Idents the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Z O Item Units and Limitations Price per Unit($0.00) § 4.5 Liquidated damages,if any- None nyNone Listed. § 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. 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 3 registered trademarks and may not be used without permission.This document was produced by AIA software at 12:47:08 ET on 05/05/2021 under Order / No.8114132283 which expires on 07/1212021,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (2019709284) Page 404 of 610 § 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. C�1 § 5.1.6 In accordance with AIA Document A201T"'-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: LIJa ¢ § 5.1.6.1 The amount of each progress payment shall first include: M .1 That portion ontrac S 11 operly a cable t t 2 That portionQ' nt, ac um p erly able t na enals an quip delivered and suitably — stored at the q t orat he c d cons ction,or,if approved in advance LIJ by the Own eor o site io greed upon i riting;and .3 That portioni Chan i -tives t Architect d rmines,in the Architect's U professional b reasona ustified. 0 Ca Z § 5.1.6.2 The amount of each progress payment shall then be reduced by: 0 .1 The aggregate of any amounts previously paid by the Owner; v .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, z unless the Work has been performed by others the Contractor intends to pay; O .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.) Init. 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 4 registered trademarks and may not be used without permission.This document was produced by AIA software at 12:47:08 ET on 05/05/2021 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: (2019709284) Page 405 of 610 § 5.1.7.2 Reduction or limitation of retainage,if any,shall be as follows: (If the retainage established in Section 5.1.7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion 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 Stam,shall be made by the Owner to the mi Contractor when Q .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 final t,and .2 a final CertifDat, as n iss y th c t ect. U.J § 5.2.2 The Owner's final pe n , r sb e ater han 3 ays after the issuance of the Architect's final Certificate as fo s• U 0 1 Minus no more than 200%of the value of the work not satisfactorily completed. z 0 § 5.3 Interest Lj Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, D or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. F I (Paragraph deleted) Z % O 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 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 12:47:08 ET on 05/05/2021 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: (2019709284) Page 406 of 610 [ ] 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 QQ Document,the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. ❑ § 8.2 The Owner's represenve: Z (Name, address, email addr and er n r1) LU Quentin Hart FTO 715 Mulberry Street ❑ Waterloo,TA 50703 z Cf cs F- z 0 § 8.3 The Contractor's representative: (Name, address, email address, and other information) TO BE DETERMINED § 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 Al01TM-2017,Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum. Init. 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 6 registered trademarks and may not be used without permission.This document was produced by AIA software at 12:47:08 ET on 05/05/2021 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: (2019709284) Page 407 of 610 Refer to: Supplementary Instructions to Bidders,Article 7 Performance Bond and Payment Bond(7.3); and ARTICLE 15 Supplementary General Conditions. § 8.5.2 The Contractor shall provide bonds as noted in the Supplementary Instructions to Bidders,Article 7 and ARTICLE 15 Supplementary General Conditions. § 8.6 Notice in electronic format,pursuant to Article 1 of AIA Document A201-2017,may be given in accordance with AIA Document E203Tm-2013,Building Information Modeling and Digital Data Exhibit,if completed,or as otherwise set forth below: N/A § 8.7 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: >_ .1 AIA Document AIO1TM-2017,Standard Form of Agreement Between Owner and Contractor .2 AIA Document A201Tm-2017,General Conditions of the Contract for Construction ca LU I .3 Drawings I- Number Title Title of Draws e ts: W I .4 Specification 2 U Section leTate Pages p I Title of Specifications exhibit: z .5 Addenda,if any: U Number Date Pages F- U) z O Portions of Addenda relating to bidding or proposal requirements are not part of the Contract C:k 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: Init. 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 7 registered trademarks and may not be used without permission.This document was produced by AIA software at 12:47:08 ET on 05/05/2021 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: (2019709284) Page 408 of 610 Document Title Date Pages .9 Other documents,if any,listed below: (Paragraph deleted) This Agreement entered into as of the day and year first written above. OWNER(Signature) CONTRACTOR(Signature) Quentin Hart.Mavor TO BE DETERMINED (Printed name and title) (Printed nine and title) C3 n M 2i 0 w t— Q F-- ZDRAFT w O in Z U c� r z O O Init. 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 8 registered trademarks and may not be used without permission.This document was produced by AIA software at 12:47:08 ET on 05/05/2021 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: (2019709284) Page 409 of 610 Bid Tab Five Sullivan Brothers 2nd Floor Renovation Bid Opening: May 13, 2021 Bidder Bid Bond Base Bid Alt 1 Alt 2 Alt 3 Alt 4 Don Gardner Construction 5% 1,690,000 28.900 53,000 222,200 568,000 Waterloo, IA Cardinal Construction 5% Waterloo, IA 1,5551500 23,000 45,300 187,000 467,000 Page 410 of 610 CITY OF WATERLOO Council Communication F YE 2021 Budget Amendment. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Budget Amendment FYE21 Council Comm Backup Material ❑ Budget Amendment Public Notice FYE21 Budget Backup Material 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 approving Budget Amendment for the fiscal year ending June 30, 2021. Submitted by: Submitted By:Michelle Weidner. Chief Financial Officer The purpose of filing budget amendments is to comply with state law regarding expending city funds. The Code of Iowa requires that any of the nine budget program areas that are anticipated to exceed the amount Summary Statement: originally appropriated be amended no later than May 31 of each fiscal year. The nine program areas prescribed by Iowa Code include Public Safety, Public Works, Health and Social Services, Culture and Recreation, Community and Economic Development, General Government, Debt Service, Capital Projects and Business Type/Enterprise activities. These amendments include numerous departmental amendments requested throughout the year and approved by the Finance Committee when required by the budget line item amendment policy. They all consist of changes made subsequent to certifying the budget March 19, 2020. Highlights from amendments made for general fund activities include the following: 1. In the Public Safety program category, expenses and related revenue for various law enforcement grants and non-property-tax funded projects were increased. 2. The Public Works category reflects the increase in motor pool revenue and expense. 3. The Health and Social Services category reflects the change in personnel costs due to contract negotiations. 4. The Culture& Recreation program category was increased to reflect additional grants and donations received by the Cultural&Arts department, the Library and Leisure Services. The use of restricted fund balance was increased for Golf Course improvements. 5. In the Community and Economic Development program category, adjustments to grant revenue and expense for the Community Development Block Grant and Housing departments were made. Page 411 of 610 6. Amendments to the General Government category include reflecting the use of assigned fund balance for workers compensation insurance due to increases in expenses throughout the year and increases in revenue to record stop loss insurance reimbursements received and related expenses. Highlights of amendments made in other funds are as follows: 7. In the Public Works category, the use of Local Option Tax fund balance was added to fund anticipated payments for street construction and repair projects that exceeded the original budgeted amounts. In the Road Use Tax fund, the use of$5,200,0000 of Transfer of Jurisdiction funds was added for University Avenue construction Expenditure Required: that is proceeding more quickly than originally anticipated. 8. In the Capital Projects program, additional expenses relating to grant revenue awarded during the year that not originally budgeted were added. Several construction projects were adjusted to more accurately reflect the amount of work that is expected to be paid for by June 30, 2021. 9. In the Business Type/Enterprise activity, which accounts for the activities of the sewer, storm water and sanitation funds, line item adjustments were made to more accurately reflect the amount that will be spent for operations and capital project construction by June 30, 2021, including the addition of$1,500,000 in University Avenue construction funded with storm water fees. The Transfers Out line was amended to reflect the following: 1. The transfer of an additional$3,000,000 of TIF revenue to the capital improvement fund that will be used for potential TIF projects. 2. Transfers necessary to property account for the sewer portion of the General Obligation refunding bond issues were added. The line on the budget amendment form titled Excess Revenues & Other Sources Over(Under) Expenditures/Transfers Out indicates that when the first budget amendment was filed, we anticipated spending$16,875,743 more than we expected to collect in current year revenue, primarily due to spending bond and grant funds received in prior fiscal years. This amendment increases the amount that expenses are anticipated to exceed revenues by an additional $12,179,617 to a total of$29,055,360. This is due to the following: 1. General Fund — To plan to spend project revenue (grants and donations) received in prior years in the amount of$151,319, the use of assigned fund balance for worker's compensation insurance claims premiums of$360,000. 2. Other Funds — To budget to use revenue received in prior years and the use of grant and bond funds received in prior years in the amount of$11,668,298. Since state law prohibits the City from spending more in any major program Policy Issue: area than budgeted, we have budgeted generously with expenses. We do not anticipate that we will spend all amounts budgeted by June 30, 2021. Background Information: If you have questions, I'm happy to discuss them with you! Page 412 of 610 CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: May 3, 2021 HART Prepared: April 20, 2021 Dept. Head Signature: Michelle Weidner, Chief Financial Officer COUNCIL MEMBERS Number of Attachments: None ................... MARGARET SUBJECT: FYE2021 Budget Amendment Hearing KLEIN Submitted by: Michelle Weidner, Chief Financial Officer Ward I JONATHAN GRIEDER Recommended City Council Action: Approve a resolution to set the date of Ward hearing on amendments to the FYE2021 Budget as May 17, 2021 . PATRICK Summary Statement: The City is required under state law to amend the MORRISSEY budget prior to exceeding expenditures in any one of the nine program areas; Ward public safety, public works, health and social services, culture and recreation, JEROME community and economic development, general government, debt service, capital AMOS,JR. projects and the proprietary funds (sewer and sanitation). Ward 4 The City routinely needs to amend the budget to reflect things such as the RAY expenditure of additional grant funds received during the year and to adjust FEUSS construction costs to the amount of work expected to be completed by year-end. Ward S SHARON Additional information will be provided prior to the hearing date. NON At-Large Expenditure Required: N/A DAVE Source of Funds- Various BOESEN At-Large Policy Issue: Compliance with state law regarding budgeted expenditures. Alternative: None Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier and published by early May in order to hold the hearing at a regularly scheduled meeting. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 413 of 610 NOTICE OF PUBLIC HEARING-AMENDMENT OF CURRENT BUDGET WATERLOO Fiscal Year July 1,2020-June 30,2021 The City of WATERLOO will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30,2021 Meeting Date/Time:5/17/2021 05:30 PM Contact:Michelle Weidner Phone: 319 291-4323 Meeting Location:City Hall Council Chambers 715 Mulberry Street Second Floor There will be no increase in taxes.Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above.A detailed statement of:additional receipts,cash balances on hand at the close of the preceding fiscal year,and proposed disbursements,both past and anticipated,will be available at the hearing. Total Budget Current Total Budget After REVENUES&OTHER FINANCING SOURCES as Certified Amendment Current Amendment or Last Amended Taxes Levied on Property 1 42,422,199 0 42,422,199 Less:Uncollected Delinquent Taxes-Levy Year 2 0 0 0 Net Current Property Tax 3 42,422,199 0 42,422,199 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 9,388,510 0 9,388,510 Other City Taxes 6 18,277,691 2,120,750 20,398,441 Licenses&Permits 7 1,434,585 0 1,434,585 Use of Money&Property 8 1,864,528 134,344 1,998,872 Intergovernmental 9 31,324,100 8,126,673 39,450,773 Charges for Service 10 32,993,040 1,292,536 34,285,576 Special Assessments 11 250,000 0 250,000 Miscellaneous 12 8,175,752 428,008 8,603,760 Other Financing Sources 13 37,200,000 9,860,000 47,060,000 Transfers In 14 18,940,514 5,920,000 24,860,514 Total Revenues&Other Sources 15 202,270,919 27,882,311 230,153,230 EXPENDITURES&OTHER FINANCING USES Public Safety 16 35,548,857 1,710,572 37,259,429 Public Works 17 34,111,524 9,527,545 43,639,069 Health and Social Services 18 323,760 0 323,760 Culture and Recreation 19 12,013,361 223,812 12,237,173 Community and Economic Development 20 18,072,846 4,546,194 22,619,040 General Government 21 10,776,650 656,336 11,432,986 Debt Service 22 13,157,973 9,580,000 22,737,973 Capital Projects 23 28,644,365 5,997,469 34,641,834 Total Government Activities Expenditures 24 152,649,336 32,241,928 184,891,264 Business Type/Enterprise 25 47,556,812 1,900,000 49,456,812 Total Gov Activities&Business Expenditures 26 200,206,148 34,141,928 234,348,076 Tranfers Out 27 18,940,514 5,920,000 24,860,514 Total Expend itures/Transfers Out 28 219,146,662 40,061,928 259,208,590 Excess Revenues&Other Sources Over 29 -16,875,743 -12,179,617 -29,055,360 Under Expend itures/Transfers Out Beginning Fund Balance July 1,2020 30 96,198,146 01 96,198,146 Ending Fund Balance June 30,2021 t 31 79,322,403 12,179,617 67,142,786 Explanation of Changes:Budget amendments are being done to record anticipated refunding bond issues,additional grants and donations received and related expenses,additional stop loss refunds received, additional local option taxes received and to adjust capital project expenses to align with amounts anticipated to be spent by June 30,2021. 05/04/2021 11:41 AM Page 414a8T Mb CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at 1314 Black Hawk Street, in the amount of$166,000, to James Skarlis, with a Development and Minimum Assessment Agreement, for the renovations of the former Central Garage. City Council Meeting: 5/17/2021 Prepared:4/21/2021 ATTACHMENTS: Description Type ❑ Map Backup Material ❑ Development Agreement 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 authorizing the sale and conveyance of a portion of City owned SUBJECT: property to James Skarlis in the amount of$166.000, located north of 1314 Black Hawk Street, and authorizing the Mayor and City Clerk to execute said document. Resolution approving a Development and Minimum Assessment Agreement with James Skarlis, for the renovation of 1314 Black Hawk Street, and authorizingthe e Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval The property in question is the former site of the Central Garage for the City of Waterloo. The City received Bids for the property in 2019. The highest bid was submitted by Jim Skarlis who is planning to renovate the facility for Community Wholesale, a housing materials business in Waterloo. Summary Statement: The sale was placed on hold due to the reconstruction of the 11th street bridge. The City needed to finalize reconstruction plans for the bridge before moving forward with the sale in order to ensure reconstruction of the bridge would not effect the property in question. The City will need to retain a portion of right of way for the bridge reconstruction and the retainment of right of way is reflected in the sale price. Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of Property Page 415 of 610 Lots 1, 2, and 3, the Southeasterly 15 feet of Lot 4, and the Northeasterly 70 feet of Lots 4 and 5 except the Southeasterly 15 feet of Lot 4, all in Block Legal Descriptions: 60,Anthony Baker's Addition, City of Waterloo, Black Hawk County, Iowa. Page 416 of 610 s� ' a X �J C) /i/ N 7N � by s" NN - Aj N W�E Cit LJ of Waterloo,Iowa S Page 417 of 610 Preparer Information: Christopher S.Wendland, PO Box 596,Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2021 by and between Black Hawk Street Investments, LLC (the "Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and construct buildings and related improvements on property located in the Rath Urban Renewal Plan area at 1326 Black Hawk Street, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $166,000.00 (the "Purchase Price") within forty-five (45) days after execution of this Agreement by both parties. The parties acknowledge that the Purchase Price reflects a reduction in value resulting from the City's retention of additional street right of way. Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (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. Developer shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters Page 418 of 610 DEVELOPMENT AGREEMENT Page 2 not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Improvements by Developer. Developer shall renovate on the Property an existing office and warehouse building, and make related parking and landscaping improvements to the building and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes, and debris disposal shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of no less than $100,000.00. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Developer's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Developer and that without said commitment City would not do so. Measured from the date the Property is deeded to Developer, Developer must begin construction within six (6) months, and must substantially complete construction by December 31, 2021. 4. Minimum Assessment Agreement. Developer acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Developer further agrees that prior to the date set forth in Section 2 of 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, which shall be fixed for assessment purposes, below the amount of $244,350.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the 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. Developer agrees to execute and deliver the MAA to City concurrently with execution and delivery of this Agreement. 5. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax Page 419 of 610 DEVELOPMENT AGREEMENT Page 3 exemption consistent with and to the extent provided for in Iowa law, provided that Developer meets all requirements to qualify for such exemption. 6. 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. 7. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Developer 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, Developer 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 Developer with respect to construction of the Improvements. C. Developer 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 where the sanctions and penalties resulting therefrom, would Page 420 of 610 DEVELOPMENT AGREEMENT Page 4 not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. D. Developer 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. E. The Property will have a taxable value as set forth in the MAA, and Developer 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. Developer 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. F. Until termination of the MAA, Developer 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. G. Developer 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. Developer 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 Developer, 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. 9. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 10. Inspection of Project. Developer is responsible for making their own inspection of the Property. Within 20 days after the final acceptance date of this Agreement, Developer may, at Developer's sole expense, have the Property inspected by a person(s) of Developer's choice to identify any structural, mechanical, plumbing, electrical, pest infestation, environmental concerns or other deficiency(s). Within this Page 421 of 610 DEVELOPMENT AGREEMENT Page 5 same period, Developer may notify City in writing of any such deficiency the Developer wants remedied. Failure to do so shall be deemed a waiver of the Developer's inspection. In the event of any request by Developer as a result of inspections, City shall within three (3) business days after said notification (date of notification does not count) notify the Developer in writing which steps, if any City will take to remedy any deficiency before closing. The Developer shall within three (3) business days (date of notification does not count) notify the City in writing that (1) such steps are acceptable, in which case, this Agreement, so modified, shall be binding upon all parties; or (2) that such steps are not acceptable. In the event City informs Developer that such steps are not acceptable, Developer shall within three (3) business days after said notification (date of notification does not count), inform City that (1) Developer will waive said deficiency(s), in which case this Agreement shall continue to be binding upon all parties; or (2) that this Agreement shall be null and void. Failure by either City or Developer to give the notification within the three (3) business days as stated above, shall render this Agreement null and void. Indemnification and Releases. 11. A. Developer 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 Developer or its employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer 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 Developer against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. The provisions of this Section shall survive the expiration or termination of this Agreement. Page 422 of 610 DEVELOPMENT AGREEMENT Page 6 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer 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. 13. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180-day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such property, benefit or incentive to City, and Developer agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Developer agrees to be liable for same or for the fair value thereof. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at 1010 Commercial Street, Waterloo, IA 50701 , facsimile number 319-232-4317, Attention: Jim Skarlis. (c) a copy to Eric W. Johnson, 620 LaFayette St. Ste. 300, Waterloo, IA 50703 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. Page 423 of 610 DEVELOPMENT AGREEMENT Page 7 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. 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. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. 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. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. 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. 22. 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. Page 424 of 610 DEVELOPMENT AGREEMENT Page 8 [signatures on next page] Page 425 of 610 DEVELOPMENT AGREEMENT Page 9 CITY OF WATERLOO, IOWA DEVELOPER Black Hawk Street Investments, LLC By: Quentin M. Hart, Mayor By: James T. Skarlis Its: Manager Attest: Kelley Felchle, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of guarantors hereunder is joint and several. James T. Skarlis Page 426 of 610 EXHIBIT "A" Legal Description of Property Lots 1, 2, and 3, the Southeasterly 15 feet of Lot 4, and the Northeasterly 70 feet of Lots 4 and 5 except the Southeasterly 15 feet of Lot 4, all in Block 60, Anthony Baker's Addition, City of Waterloo, Black Hawk County, Iowa. Page 427 of 610 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of 12021, by and among the CITY OF WATERLOO, IOWA ("City"), Black Hawk Street Investments, LLC ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the Rath Urban Renewal Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows- 1. ollows:1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $244,350.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before December 31, 2021 . 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, 2026. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code Page 428 of 610 § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer 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. Developer 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 Developer, 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. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER Black Hawk Street Investments, LLC By: Quentin M. Hart, Mayor By: James T. Skarlis Its: Manager By: Kelley Felchle, City Clerk Page 429 of 610 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on , 2021 by James T. Skarlis, as Manager of Black Hawk Street Investments, LLC. Notary Public Page 430 of 610 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 Two Hundred Forty-Four Thousand Three Hundred Fifty Dollars ($244,350.00) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2021 by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 431 of 610 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located at the southern end of Fairfield Street, in the amount of $1.00, to Todd J. Borwig, including a Development Agreement for infrastructure extensions and new infill housing. City Council Meeting: 5/17/2021 Prepared: 5/11/2021 ATTACHMENTS: Description Type ❑ Borwig Development Agreement Backup Material ❑ Map of area Cover Memo 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 the sale and conveyance of city owned property SUBJECT: located at the southern end of Fairfield Street, in the amount of$1.00, to Todd J. Borwig and authorizing the Mayor and City Clerk to execute necessary documents. Resolution approving a Development Agreement with Todd J. Borwig for infrastructure extensions and new infill housing, and authorizingthe e Mayor and Citv Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approve resolution Summary Statement: The City is entering into a partnership with Mr. Borwig for an infill housing development. Expenditure Required: $25,000 in infill housing incentives ($5,000 per home) upon completion of homes. Source of Funds: Nuisance/housing bonds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve The City has worked to acquire land at the south end of Fairfield Street, both through 657A and standard acquisition actions, to create a parcel ready for infill housing and public improvements. As a partnership, the City will deed the land to Mr. Borwig for$1.00, allow for incentives for Infill and the Page 432 of 610 Background Information: CURA, and Mr. Borwig will extend infrastructure(water, sewer, roadway) and ready the land for infill housing development. In the end, this area will allow an abutting neighbor to construct a new garage, and 5 new homes to be built. Lots 1 through 5 of a subdivision to be platted, situated on a portion of: The Northerly 330 feet of the West half of the West half of Lot"F"in "Cedar Dale", in Black Hawk County, Iowa(now in the City of Waterloo, Iowa). Legal Descriptions: AND CEDAR DALE PART LOT G BEG AT NE COR LOT G TH S ALONG E LINE 330 FT TH NWLY TO PT 178 FT W OF E LINE AND 310 FT S OF N LINE TH N ALONG ALINE PAR WITH E LINE 310 FT TO N LINE TH E TO BEG. Page 433 of 610 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 795 Mulberry Street, Waterloo, to 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of 2021 by and between Todd J. Borwig, a married person ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. Developer is willing and able to finance and construct single-family homes and related improvements on property owned by or to be acquired by the City of Waterloo, as described on Exhibit "A° attached hereto (the "Property") i B. City considers infill residential 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 to encourage that goal. City believes that such development 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 (defined below) has been undertaken and is being assisted. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: i 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Developer until City has completed the assembly of all Property, has filed a subdivision plat of the Property, and Developer has delivered to 1 Page 434 of 610 City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer 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 Developer. Developer shall construct a city street and cul-de-sac on the Property, install or arrange to be installed the infrastructure for public water service, sanitary sewer and storm sewer, and shall construct one single-family dwelling and garage on each platted lot, completed to a finished state, including installation of driveways, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). Each dwelling shall have a minimum livable area of 1,200 square feet and an assessed value upon completion of approximately $150,000 or more. The construction of one home on each lot is a "Phase." The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific street designs and plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer 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. Developer will be responsible to clear trees and brush from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer'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 incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin construction of the first home within four (4) months after conveyance of the Property (the "Project Start Date") and must Substantially Complete construction of same within eight (8) months thereafter. Developer must Substantially Complete construction of additional homes on a schedule of one (1) home each year, so that each Phase must be Substantially Completed within twelve (12) months of the date that the preceding Phase was Substantially Completed. The date by which each Phase must be Substantially Completed is a "Phase Completion Deadline." Developer will be responsible to clear trees and brush from the Property at its own cost to allow for construction of street improvements and each 2 Page 435 of 610 home. For purposes of this Agreement, "Substantially Complete" 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 and the City has verified that Project elements for which no permit was necessary have been substantially completed. If Developer has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 12, and City shall have no further obligation hereunder with respect to such Project. 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 Phase Completion Deadline for any Phase not yet completed. 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 Developer (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Phase Completion Deadline(s) 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 12, title to Phase lots on which a home has not been Substantially Completed (the "Reverter Property") shall revert to the City, and City shall have no further obligation hereunder with respect to such Project, nor any duty to compensate Developer for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, 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 Reverter Property, free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Reverter Property. Appointment of Attorney in Fact: If Developer 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 Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer and Developer's spouse do hereby constitute and appoint City as its attorney-in-fact. Developer's spouse executes this Agreement only for the limited purpose of granting to City the limited power of attorney provided for in this paragraph. Developer 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 Developer's failure to carry on or complete same, or any Lien or Liens on or against the 3 Page 436 of 610 Reverter Property of any type or nature whatsoever that attaches to the Reverter Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. Incentives. To aid in the Project, City will provide the following incentives: A. Property Assembly and Platting. City will complete the acquisition of that portion of the Property that is identified as tax parcel 8913-15-177--011. Following such acquisition, City will plat the Property in a manner to provide no less than five (5) buildable lots and will cooperate with Developer to develop suitable subdivision restrictions, including but not limited to design restrictions. B. Infill Housing Grants. As provided in the City's infill housing policy, City will pay Developer a grant of$5,000.00 for each home timely completed, for a total maximum incentive of$25,000.00. Each grant shall be payable within sixty (60) days after Improvements on a given lot have been verified by City as Substantially Completed. C. Partial Tax Exemption. Because the Property is located in a designated Consolidated Urban Revitalization Area (CORA) and a designated City Limits Urban Revitalization Area (CLURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law and City ordinance, provided that Developer meets all requirements to qualify for such exemption. Developer shall elect whether to obtain exemption benefits under either CURA or CLURA, but not both. 7. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 8. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. 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 4 Page 437 of 610 the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 9. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. B. Developer 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 where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. Developer 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. 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. This Agreement, 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 Developer 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. B. 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 any contractual restriction, evidence of indebtedness, agreement or 5 Page 438 of 610 instrument of whatever nature to which Developer is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. C. There are no actions, suits or proceedings pending or threatened against or affecting Developer 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 Developer or which in any manner raises any questions affecting the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Developer 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 Developer or its employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Developer 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 Developer against the City to enforce its rights under this Agreement), or (2) the construction, installation, ownership, and operation of the Improvements, or (3) otherwise as a result of or in connection with the Project or Developer's failure to carry on or complete same. C. The indemnification obligations under this Section shall include attorneys' fees and expenses incurred by any indemnified part. 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.- 6 eriods:6 Page 439 of 610 A. Failure by Developer to cause the construction of the Improvements on the Property to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer 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 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; D. Developer (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 Developer 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 Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer 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 Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement, in whole or in part. Before exercising such remedy, City shall give 30 days' written notice to Developer 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 Developer 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 Developer before the date of termination. 7 Page 440 of 610 B. Default by City. Whenever any Event of Default in respect of Developer occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer 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 Developer 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. 13. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer 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. 14. Performance by City. Developer acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 15. 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. 16. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: s Page 441 of 610 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, at , Iowa Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 17. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 18. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 19. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 20. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. Page 442 of 610 21. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 22. 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. 23. Entire Agreement. This Agreement, together with the exhibits attached hereto, if any, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 24. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA DEVELOPER By: J-64 4, Quentin M. Hart, Mayor Todd J. Borwi Attest: Kelley Felchie, City Clerk The undersigned spouse of Developer executes this agreement for the limited purpose set forth in Section 4. (printed name) 10 Page 443 of 610 EXHIBIT "A" Property Description Lots 1 through 5 of a subdivision to be platted, situated on a portion of; The Northerly 330 feet of the West half of the West half of Lot "F" in "Cedar Dale", in Black Hawk County, Iowa (now in the City of Waterloo, Iowa). AND CEDAR DALE PART LOT G BEG AT NE COR LOT G TH S ALONG E LINE 330 FT TH NWLY TO PT 178 FT W OF E LINE AND 310 FT S OF N LINE TH N ALONG A LINE PAR WITH E LINE 310 FT TO N LINE TH E TO BEG. 1 Page 444 of 610 i Page 445 of 610 � ' I � . I I I � .. � � � ' ' - _11� I , . , � . ... ... 'Z�r';. :� :: : ... -"��' , . : �I-.�,. . 77 � . .. ...�:" ,��o .��' ,,, Q' - '. :!::�:! . . �'. �� - �,' I . , � I , .. . , ::....�:: ' ; :' 10'EASEMENT Dj: " �. W'y f 0 I �.����!�:�:�: ... .... . . ..I'.-"'-�� - . ..:,....:��:�:: ..�� I " . .,, '. 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Stephens and Aaron G. Stephens, including a Development Agreement for the construction of 30' x 40' (1,200 square foot) detached garage. City Council Meeting: 5/17/2021 Prepared: 5/11/2021 ATTACHMENTS: Description Type ❑ Development Agreement Backup Material ❑ Aerial Map 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 approving the sale and conveyance of City owned property south of 202 Fairfield Street for$1.00 to Gary D. Stephens and Aaron G. SUBJECT: Stephens and authorizing the Mayor and City Clerk to execute necessary documents. Resolution approving a Development Agreement with Gary D. Stephens and Aaron G. Stephens for the construction of 30' x 40' (1,200 square foot) detached garage, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval The City is working to partner with Gary and Aaron Stephens to convey Summary Statement: land south of their property at 202 Fairfield to allow him to construct a new 1,200 square foot detached garage. Expenditure Required: None Source of Funds: NA Policy Issue: Sale of City Property Alternative: Not approve The City has acquired land at the southern end of Fairfield Street through 657A and standard acquisition process, to create a lot for infill housing and Background Infonnation: development. As a part of this process, we are working with the neighbor, Mr. Stephens, to carve out a portion of this new area for a garage addition to his home. Page 447 of 610 Approximately 0.3-acre tract in the northeasterly corner of a subdivision to be platted, situated on a portion of: The Northerly 330 feet of the West half of the West half of Lot"F" in "Cedar Dale", in Black Hawk County, Iowa(now in the City of Waterloo, Iowa). Legal Descriptions: AND CEDAR DALE PART LOT G BEG AT NE COR LOT G TH S ALONG E LINE 330 FT TH NWLY TO PT 178 FT W OF E LINE AND 310 FT S OF N LINE TH N ALONG A LINE PAR WITH E LINE 310 FT TO N LINE TH E TO BEG. Page 448 of 610 Preparer: Christopher S.Wendland, P.O. Box 596,Waterloo, Iowa 50704 (319)234-5701 After recording, return to Community Planning&Development, 795 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2021, by and between Gary D. Stephens, a single person, and Aaron G. Stephens, a single person ("Developer"), and the City of Waterloo, Iowa ("City"). RECITALS A. City is the owner of real property at the southerly end of Fairfield Street, identified as parcel nos. 8913-15-251-058 and 8913-15-177-011, a portion of which his legally described as set forth on Exhibit "A" attached hereto (the "Property"). Developer is the owner of real property at 202 Fairfield Street, abutting the Property on the north side, and desires to acquire the Property to expand his residential area. B. City considers 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 placement of the Property on the tax rolls and providing for certain improvements to the Property is in the best interests of the City. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the t Property to Developer for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer acknowledges that an easement will also be reserved for an overhead electrical line and Page 449 of 610 related facilities over and upon the northerly ten (10) feet of the Property. City shall have no duty to convey title to Developer until City has completed the assembly of all Property, has filed a subdivision plat of the Property, and Developer has delivered to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement without further obligation. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Developer. Developer acknowledges that it has had a reasonable opportunity to inspect the Property and to conduct other due diligence related to the Project. Developer agrees to accept the Property in its "AS IS" condition, without any warranty from City, expressed or implied, as to the condition of the Property, its marketability, or its fitness for any particular purpose. Developer shall construct a new accessory building with dimensions of approximately 30' by 40' to a finished state, including installation of driveway, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (construction and finishing as so described are referred to collectively as the "Improvements"). The Improvements shall be constructed in accordance with the terms of this Agreement, all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Developer shall submit specific street designs and plans, building designs and site plans for City review and approval before the commencement of construction and shall not substantially deviate from such plans, specifications or designs. Developer 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. Developer will be responsible to clear trees and brush from the Property at its own cost to allow for construction of all Improvements. The Property, the Improvements, and all site preparation and development-related work to be undertaken and completed by Developer under this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Developer'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 incentives provided for in this Agreement, and that without said commitment City would not have done so. Subject to Unavoidable Delays (defined below), Developer must obtain a building permit and begin construction of the accessory building within twelve (12) months after conveyance of the Property (the "Project Start Date") and must Substantially Complete construction of same within twelve (12) months thereafter. For purposes of this Agreement, "Substantially Complete" means the date on which the Improvements have been completed to the extent necessary for the City to 2 Page 450 of 610 issue a certificate of occupancy relating thereto and the City has verified that Project elements for which no permit was necessary have been substantially completed. If Developer has not begun construction of the Improvements before the Project Start Date, City may terminate this Agreement as set forth in Section 10, and City shall have no further obligation hereunder with respect to such Project. 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 Phase Completion Deadline for any Phase not yet completed. 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 Developer (each of the foregoing is an "Unavoidable Delay"), then time lost as a result of Unavoidable Delays shall be added to extend the Phase Completion Deadline(s) 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 10, title to the Property shall revert to the City, and City shall have no further obligation hereunder with respect to such Project, nor any duty to compensate Developer for any work or materials provided before the termination date or for the added value of any Improvements completed or partially completed. As promptly as possible, Developer shall notify City in writing of the occurrence of any Unavoidable Delay and shall again notify City in writing when the Unavoidable Delay has ended. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, 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 Developer. Developer shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. In connection with any reverter of title, Developer shall not be entitled to a refund of the Purchase Price. Appointment of Attorney in Fact: If Developer 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 Developer's behalf and as its attorney-in--fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in-fact. Developer 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 Developer'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 Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including 3 Page 451 of 610 but not limited to reasonable attorneys' fees, incurred by City. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. Utilities. Developer will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services from street right of way to any location on the Property and for payment of any associated connection fees. 6. No Encumbrances, Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 8. Additional Covenants of Developer. In addition to the other promises, covenants and agreements of Developer as provided elsewhere in this Agreement, Developer agrees as follows: A. Until the Improvements have been Substantially Completed, Developer 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 Developer with respect to construction of the Improvements. B. Developer 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 where the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, or condition, financial or otherwise, of Developer. C. Developer 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. Page 452 of 610 9. 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 Developer to cause the Improvements to be commenced and completed pursuant to the terms, conditions and limitations of this Agreement; B. Transfer by Developer 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 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; D. Developer (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 Developer 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 Developer, or part thereof, shall be appointed in any proceedings brought against Developer and shall not be discharged within ninety (90) days after such appointment, or if Developer shall consent to or acquiesce in such appointment; or (5) defaults under any mortgage applicable to the Property. E. Any representation or warranty made by Developer in this Agreement, or made by Developer in any written statement or certificate furnished by Developer 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. 10. Remedies. A. Default by Developer. Whenever any Event of Default in respect of Developer occurs and is continuing, the City may terminate this Agreement. Before exercising such remedy, City shall give 30 days' written notice to Developer 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 Developer shall not have provided assurances reasonably satisfactory to the City that the Event of Default will be 5 Page 453 of 610 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 Developer 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 Developer occurs and is continuing, Developer may take such action against City to require it to specifically perform its obligations hereunder. Before exercising such remedy, Developer 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 Developer 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. 11. Indemnification. Developer 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 Project site 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 Developer or its directors, officers, employees, contractors or agents, or any other person who may be about the Project site 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. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer 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. Developer 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. 6 Page 454 of 610 13. Performance by City. Developer 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. Ali covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 14. 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. 15. 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, Attention: Mayor, with copies to the Community Planning and Development Director. (b) if to Developer, at 202 Fairfield Street, Waterloo, Iowa 50703. 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, or (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid. A party may change the address for giving notice by any method set forth in this Section. 16. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 17. 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. 7 Page 455 of 610 18. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this 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. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. 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. 21. 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. 22. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: s A� Quentin M. Hart, Mayor ary D. Ste n sino person Attest: Kelley Felchle, City Clerk Aaron G. Stephens, a single person 8 Page 456 of 610 EXHIBIT "A" Property Description Approximately 0.38-acre tract in the northeasterly corner of a subdivision to be platted, situated on a portion of: The Northerly 330 feet of the West half of the West half of Lot "F in "Cedar Dale", in Black Hawk County, Iowa (now in the City of Waterloo, Iowa). AND CEDAR DALE PART LOT G BEG AT NE COR LOT G TH S ALONG E LINE 330 FT TH NWLY TO PT 178 FT W OF E LINE AND 310 FT S OF N LINE TH N ALONG A LINE PAR WITH E LINE 310 FT TO N LINE TH E TO BEG. Page 457 of 610 VIRGINIA ST _- M - w LL - �M�` k �� . 4 I . N Cit L of Waterloo,Iowa W E CITY OF WATERLOO Council Communication Resolution to receive and place on file a design recommendation submitted by the Police Patch Committee, and adopt said recommendation. City Council Meeting: 5/17/2021 Prepared: 5/3/2021 ATTACHMENTS: Description Type ❑ Approved Patch Design Backup Material SUBJECT: Resolution to receive and place on file a design recommendation submitted by the Police Patch Committee, and adopt said recommendation. Submitted by: Submitted By: Joe Leibold, Mayor Recommended Action: Recommend approval of this action. Total Estimated cost to be: $152,200 Vehicle Graphics $12,000 Expenditure Required: Uniforms $70,000 Patch Cost$8,200 Weapons $62,000 Page 459 of 610 Design (WPD 4) 3 0 POLICE VIGILANCE Est. 1668 CITY OF WATERLOO Council Communication Resolution approving an addendum to the NJPA Program Agreement with WEX Bank, for fuel cards for the Tri-County Task Force, and authorizing the Chief Financial Officer execute said document. City Council Meeting: 5/17/2021 Prepared: 5/4/2021 ATTACHMENTS: Description Type ❑ Adendum Backup Material Resolution approving an addendum to the NJPA Program Agreement with SUBJECT: WEX Bank, for fuel cards for the Tri-County Task Force, and authorizing the Chief Financial Officer execute said document. Submitted by: Submitted By:Joe Leibold, Major Recommended Action: Approval of agreement. The Tri-County Drug Task Force Board has approved the purchase of fuel Summary Statement: cards for use by Investigtors when access to City fuels pumps is not feasible. This is an addendum to the State Fuel program. Expenditure Required: Fuel costs for Tri-County Task Force is funded by the Tri-County Task Force. Source of Funds: Task Force Funds Page 461 of 610 ADDENDUM TO THE NJPA PROGRAM AGREEMENT DATED EFFECTIVE JUNE 1,2018(the"AGREEMENT")BETWEEN WEX BANK("WEX")AND THE STATE OF IOWA(the"IOWA") CREDIT INFORMAT11014 Participating Entity has requested a credit account pursuant to the Agreement entered into by WEX Bank and Iowa thereby creating the program("Program")by which to enroll participants("Participating Entity"). By enrolling in this Program,the Participating Entity named below agrees that in the event their account is not paid as agreed,Card Issuer,WEX,may report the undersigned's ilability for and the status of the account to credit bureaus and others who may lawfully receive such information. Participating Entity Phone# Fax# City of Waterloo 319-291-4340 319-291-4332 Write Participating Entity name as you wish it to appear on cards.Limit of 20 characters&spaces. Unless specified,no company name will appear on cards. ❑❑❑❑❑❑❑❑LIE]❑❑❑❑❑❑❑❑❑❑ Headquarters Name and Physical Address(Do not Include PO Box) Applicant's Taxpayer ID#(TIN,FEIN or SSN) City of Waterloo 42-6005327 In Business Since(yyyy) Year of Incorporation(yyyy) Number of Vehicles Avg Morthly Fuel Expenditures Avg Monthly Service Experdltures 1868 1868 b ,o o$ Billing Contact Billing Address City State Zip+4 Dave Mohlis-Police Department 715 Mulberry Street Waterloo �]A 50701 Designate the Fleet Contact authorized to receive all charge cards,reports,and other such information we provide from time to time and to take actions with respect to your account and account access.This Is also the person designated bv you to provide all fleet vehicles,driver and other Information we may request. Authorized Fleet Contact Name Title Phone# Fax# Joe Leibold Major 319-291-4353 319-291-4332 Melling Address(if different from billing address) City State Zip+4 Email address(required to take advantage of product type card controls) leiholdj@waterloopolice.com NJPA Membership Number Card Controls:To help us estimate your credit needs,indicate the types of cards you anticipate using. If you provide a valid email address above,you can select from these product type options: ❑All Products ®Fuel&Service ❑Fuel&Fluids with Roadside Assistance ❑Fuel with Roadside Assistance ❑Mix of card types ❑ Check here if business is exempt from motor fuels tax INFORMATION SHARING DISCLOSURE:Information regarding your transactions may be provided to accepting merchants or their service providers tofacilitate discounts or other promotional campaigns of interest to you. WEX complies with federal law which requires all financial institutions to obtain,verify,and record Information that identifies each company or person who opens ar Account. We will ask you for your name,address,date of birth,or other applicable information to identify you. Definitions: "Agreement"means:the NJPA Program Agreement effective June 1,2018 between the WEX Bank("WEX")and the State of Iowa("IOWA"). "Participating Entity"shall mean the State of Iowa Agencies and political subdivisions as defined in Agreement permitted to purchase services under the Agreement,as specified in the Credit Information above. All other capitalized terms used in this Addendum without definition have the meanings set forth in the Agreement, Agreements of WEX and Participating Entity: 1. This Addendum("Addendum")is to allow the Participating Entity to participate under the Agreement between WEX and Iowa.It does not modify,amend or change the Agreement in any way. 2. Participating Entity represents that it is authorized to enter into this Addendum and to participate under the Agreement. 3. Participating Entity hereby requests the services of WEX described in the Agreement and agrees to perform all duties of a Participating Entity under the Agreement,including,without limitation,payment of all charges on its account(s)within the time periods provided under the Agreement,payment of any fees provided in the Agreement,and cooperation with respect to providing all necessary information for the administration of the Agreement. 4. Participating Entity agrees to.be bound by the terms and conditions.of the Agreement,including,without limitation,rules for authorized and unauthorized use of cards,disputes of charges,reporting lost and stolen cards,and all other rules and provisions relating to use of Participating Entity's account. 5. Participating Entity acknowledges that its failure to make timely payment in accordance with the terms of the Agreement and/or the Addendum may result in suspension or cancellation of the account(s), The undersigned represents and warrants that he/she is duly authorized to execute this Addendum on behalf of rho Participating Entity and this Addendum is the valid and binding obligation of the Participating Entity,enforceable in accordance with its terms. 6. Participating Entity acknowledges that this Agreement will not be binding and effective until WEX has also completed it. AUTHORIZED SIGNATURE REQUIRED Any person signing on behalf of the Participating Entity has been duly authorized by all necessary action of Applicant's governing body,and that the undersigned is authorized to make this application on behalf of the Participating Entity. Participating Entity: WEX BANK By: By: (Contracting Agency's Authorized Signatory) Printed Name: Printed Name: Title: Title: Date: Date: Complete and sign addendum.Fax to 1-866.527.8873. FOR OFFICE USE ONLY Opportunity Number Sales Code Plastic Type Coupon Code Account Number 619 04 IA Addend.CRAPP{91201 8) Page 462 of 610 CITY OF WATERLOO Council Communication Resolution establishing an incentive plan for accessible, affordable childcare in Waterloo. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Resolution as proposed Backup Material SUBJECT: Resolution establishing an incentive plan for accessible, affordable childcare in Waterloo. Submitted by: Submitted By: Jonathan Grieder, Ward 2 Council member Recommended Action: Approval. Page 463 of 610 RESOLUTION ESTABLISHING AN INCENTIVE PLAN FOR ACCESSIBLE, AFFORDABLE CHILDCARE IN WATERLOO Whereas, childcare is an immediate concern for thousands of residents of Waterloo including parents, employers, and children; Whereas, nearly 30% of Waterloo residents live in a child care desert, an area lacking available care for children ages 0-5, according to the Center for American Progress; Whereas, this problem stretches throughout the city of Waterloo, impacting both established and new neighborhoods; Whereas, early childhood education is one of the predominant determinants of the long-term success in multiple longitudinal studies; Whereas, according to Child Care Resource and Referral of Northeast Iowa Waterloo has stated there are significantly more families seeking child care than there are openings; Whereas, according to multiple city partners child care access and affordability remains one of the biggest issues impacting employers in Waterloo and the Cedar Valley at large; Whereas, the lack of accessible, affordable child care is a significant challenge to Waterloo and is slowing our community from reaching its fully potential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WATERLOO, IOWA, as follows; 1. The Community Planning and Development Department shall develop an incentive package for Iowa Department of Human Services Registered Child Development Home providers and Licensed Child Care Centers and Preschools that either are new business or have significantly expanded and shall ensure that this package is made known to the public. 2. The Community Planning and Development Department shall develop an incentive package for existing and new commercial and industrial employers to establish Iowa Department of Human Services Registered Child Development Home providers and Licensed Child Care Centers and Preschools for their workforce and shall ensure that this package is highlighted in Waterloo's campaign to attract new businesses to our city. 3. The Community Planning and Development Department shall submit a yearly report to the Waterloo City Council and Mayor of the City of Waterloo starting in FY2023 detailing the utilization of incentives for in-home and commercial child care facilities as well as the number of child care spaces created each year through these incentive programs. Page 464 of 610 CITY OF WATERLOO Council Communication Resolution approving a Supplemental Agreement for a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, originally executed February 1, 2021, in an amount not to exceed $5,325, in conjunction with the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/4/2021 ATTACHMENTS: Description Type o Cont 1015_Terracon_ROW Excavation proposal Cover Memo Resolution approving a Supplemental Agreement for a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, originally SUBJECT: executed February 1. 2021, in an amount not to exceed $5,325, in conjunction with the FY 2020 Courtland, Jefferson. and Mulberry Streets Reconstruction Program, Contract No. 1015, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Matt SchindeL Associate Engineer Summary Statement: Expenditure Required: $5,325.00 Source of Funds: During the construction of the new trail and enhancements in front of the Sportsplex, the contractor found and intact 10'x4' buried tank. Under State Background Information: law, these tanks must be abandoned properly. This proposal is in regard to Over Excavation Activities for the removal of the tank. See the attached proposal for a complete scope of services. Page 465 of 610 Irerracon April 15, 2021 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Matt Schindel P: (319) 291-4312 E: Matt.SchindelQWaterloo-la.org Re: Proposal for Over Excavation Activities City ROW 300 Jefferson Street, Waterloo, Iowa Registration No. 20200033 LUST No. 9LTS91 Terracon Project No. 13207110 Dear Mr. Schindel: Terracon Consultants, Inc. (Terracon)appreciates the opportunity to submit this proposal to assist with over excavation activities at the above referenced site. Terracon has conducted thousands of environmental service projects across the country including the State of Iowa. In addition, Terracon has extensive experience performing geotechnical and construction testing services. For more detailed information on all of Terracon's services please visit our web site at www.terracon.com. An outline of the project, Terracon's scope of services, including schedule and compensation are provided in the following sections 1.0 PROJECT INFORMATION The Iowa Department of Natural Resources (IDNR) has required a bedrock assessment of the site due to the shallow bedrock and elevated soil concentrations reported during the 2020 UST Closure Report. To comply with IDNR guidance, Terracon completed a Soil Delineation Assessment of the source area in March 2021. The findings of the Soil Delineation Assessment indicated soil impacts are generally localized to the area of B-1/SS-1. In correspondence dated April 2, 2021, the IDNR accepted Terracon's Soil Delineation Report and recommendation to complete a targeted over excavation of the soil source prior to completing the Tier 2 Report. As stated above, the proposed excavation will be focused on B-1/SS-1. Terracon anticipates the excavation with likely extend no more than 10 to 15 feet from the source area and will likely extend to a maximum depth of 8-feet below existing grade (bedrock surface). Based on the Soil Delineation Assessment boring logs, Terracon anticipates the upper 5-feet of soils may be able to be stockpiled on-site for use as backfill pending field observations. The volume of the proposed Terracon Consultants Inc., 3105 Capital Way,Suite 5 Cedar Falls,IA 50613 P 319 277 4016 F 319 277 4320 terracon.com Over Excavation Proposal Irerracon City ROW Waterloo, Iowa April 15, 2021 Terracon Project No. 13207110 excavation (depicted on Exhibit 1, attached) is estimated to be up to 65 cubic yards (CY), with up to 35 CY to potentially remain on-site for use as backfill. The actual volumes will be dependent on filed screening readings, final excavation boundaries, and Certified Groundwater Professional (CGP) discretion. Terracon has assumed that the City of Waterloo (the City) will provide equipment and personnel necessary to perform the excavation activities and hauling of soil for disposal. Terracon also assumes the City will provide traffic control and utility locates necessary to complete the excavation activities. The City will also be responsible for removal and replacement of surface paving and landscaping as well as the light pole located within the proposed excavation area. Terracon's responsibilities will generally be confined to excavation oversight, field screening and soil sampling, and reporting. In preparation of this proposal, Terracon has contacted the Black Hawk County Landfill and confirmed the landfill is willing to accept the contaminated soils without further characterization. 2.0 SCOPE OF SERVICES Terracon has a 100% commitment to the safety of all its employees. As such, and in accordance with our Incident and Injury Free®safety culture, Terracon will update our safety plan for use by our personnel during field services. Prior to commencement of on-site activities, Terracon will hold a meeting to review health and safety needs for this specific project. At this time, we anticipate performing fieldwork in a United States Environmental Protection Agency (USEPA) Level D work uniform consisting of hard hats, safety glasses, protective gloves, and steel-toed boots. It may become necessary to upgrade this level of protection, at additional cost, during sampling activities in the event that petroleum or chemical constituents are encountered in soils or groundwater that present an increased risk for personal exposure. The following scope of services presents Terracon's approach to completing the proposed over excavation activities. 2.1 Over Excavation The site-specific Health and Safety Plan will be updated prior to starting field work and will be used by Terracon personnel. The City will perform the excavation services as outlined. The City will request municipal utility locations through Iowa One-Call for the excavation activities. The City will also be responsible for the location of private utilities. Responsive Resourceful Reliable 2 Page 467 of 610 Over Excavation Proposal Irerracon City ROW Waterloo, Iowa April 15, 2021 Terracon Project No. 13207110 The proposed excavation is an approximately 10 to 15-foot square area centered on boring B-1 and tank closure sample location SS-1. It is anticipated the excavation will extend to 8-feet below existing grade to the soil/bedrock interface. Terracon anticipates the upper 5-feet of soils maybe able to be stockpiled on-site for use as backfill. The volume of the proposed excavation is estimated to be up to approximately 65 cubic yards (CY), with an estimated 35 CY to potentially remain on-site for use as back fill. For the sake of this proposal, Terracon has assumed one-day on-site to oversee excavation activities. Terracon will field screen the soil during the excavation in accordance with the requirements of Iowa Administrative Code (IAC) Chapter 135.12(11)c. Soil samples will be screen for volatile organic vapors utilizing a photoionization detector (PID) throughout the excavation activities. Field screening results will be used to guide the excavation and determine the final extents along the with visual and olfactory observations. Soil results collected during the Soil Delineation Assessment will also be utilized for determine the final extents. Soil that is deemed non-impacted by the CGP based on field screening readings will be stockpiled on- site for later reuse as backfill. When field screening indicates that sufficient soil removal has taken place as determined by the CGP, final soil samples will be collected for laboratory analysis per IAC Chapter 135.12(11)c. Soil samples will be collected for field screening every 100 square-feet from the base and sidewalls of the excavation and soil samples will be collected for laboratory analysis every 400 square-feet from the base and sidewalls of the excavation at the location of highest PID reading. Based on the anticipated size of the excavation, it is estimated up to 8 samples will be collected for field screening and up to 4 samples will be submitted for laboratory analysis. The final extents of the excavation will determine the actual screening and laboratory sample numbers. The excavation will generally extend to the proposed boundaries. If field screening indicates impacts remain, the final boundaries may be extended further to remove the impacted soil per the discretion of the CGP. In addition, the final boundaries may not extend to the proposed boundaries if field screening readings indicate that excavation can be stopped. The excavation depth will not extend beyond approximately 8-feet in depth due to the presence of bedrock. The excavation will be backfilled with mechanically compacted imported fill sand to approximately 5-feet followed by replacement of the mechanically compacted stockpiled soils. Compaction and associated testing, if necessary, will be completed by the City Responsive■ Resourceful ■ Reliable 3 Page 468 of 610 Over Excavation Proposal Irerracon City ROW Waterloo, Iowa April 15, 2021 Terracon Project No. 13207110 The soil samples will be submitted to a certified lab under standard chain of custody protocols for analysis of benzene, toluene, ethylbenzene, and xylenes (BTEX) according to Iowa Method OA-1 and total extractable hydrocarbons (TEH) according to Iowa Method OA-2. The IDNR has indicated that analysis of methyl tert-butyl ether (MTBE) is not required in soils. Terracon will prepare and submit an Excavation Report following completion of excavation activities. The report will detail the results of the excavation activities and include appropriate mapping, laboratory reports, photographic log, etc. Following submittal of the Excavation Report and approval of the IDNR, Terracon will proceed with completion of the Tier 2 Report scope. 2.2 Schedule Services will be initiated upon receipt of the written notice to proceed and on a date mutually agreeable between the City and Terracon. In order to comply with the proposed schedule, the following items are required to be provided by the client at the time of notification to proceed in order to meet the client's required project completion date. Please include the following requested items along with the notification to proceed: Right of entry to conduct the field services. Notification of restrictions or special requirements (such as safety) regarding accessing the site. A signed Supplement to Agreement for Services (Agreement) evidencing acceptance of this scope of services. 2.3 Scope and Report Limitations The fees in Table 1 assume a single mobilization to the site and field work will be completed in one day. Terracon has assumed the City will make necessary arrangements to complete excavation activities including removal and repair/replacement of surface paving and landscaping, utility locates, furnishing of excavation equipment and dump trucks, traffic control, and importing and compaction of backfill material. Terracon has also assumed that excavated material that is deemed unsuitable for reuse will be transported to the Blackhawk County Landfill by the City. Landfill disposal fees will be the responsibility of the City. Terracon has confirmed with the landfill that they are willing to accept excavated material as is and further characterization is not required. Responsive■ Resourceful ■ Reliable 4 Page 469 of 610 Over Excavation Proposal Irerracon City ROW Waterloo, Iowa April 15, 2021 Terracon Project No. 13207110 The findings and conclusions presented in the final report will be based on the site's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant database or third-party information or regulatory agency information used in the compilation of reports. This evaluation will make use of Iowa-specific risk-based corrective action (RBCA) protocols to evaluate the nature of adverse environmental impact associated with the identified chemical release under 1996 changes to Iowa Administrative Code 4558, Chapter 135. The evaluation does not constitute a complete risk assessment consistent with the definitions and protocols of CERCLA. The client should recognize that no guarantee can be made that the RBCA evaluation will result in either a no action or reduced remedial recommendation. The limitations herein must be considered when the user of this report formulates opinions as to risks associated with the site. No warranties, express or implied, are intended or made. 3.0 COMPENSATION Fees for services specific to this site are $5,325 and are detailed in the attached Table 1. Interim invoices will be submitted regularly and are due upon receipt. Invoices will reflect the units performed in accordance with the above discussion and expressed in Table 1. If, as a result of these services, additional work is required outside the scope of this proposal, you will be contacted, and upon request, proposed costs for additional work will be provided. Client authorization will be obtained prior to commencement of additional work outside the scope of this proposal. 4.0 AUTHORIZATION This proposal may be accepted by executing the attached Supplement to Agreement for Services and returning one copy to Terracon. Services will be initiated upon receipt of the written notice to proceed. The terms, conditions and limitations stated in the Agreement, and sections of this proposal incorporated therein, shall constitute the exclusive terms and conditions and services to be performed for this project. This proposal is valid only if authorized within 90 days from the proposal date. -cefiil Reli- 5 Page 470 of 610 Over Excavation Proposal Irerracon City ROW Waterloo, Iowa April 15, 2021 Terracon Project No. 13207110 We appreciate the opportunity to provide this proposal and look forward to working with the City of Waterloo on this project. If you have questions or comments regarding this proposal, please contact either of the undersigned. Sincerely, Terracon Consultants, Inc. Daniel M. Green, CGP eenior e M. Nelson, REM, CGP Project Geologist Scientist Attachments: Exhibit 1 Table 1 Supplement to Agreement for Services Copies: Addressee (email) Responsive■ Resourceful ■ Reliable 6 Page 471 of 610 a, 40 1 ' rh Estimated extent of proposed excavation a 0 B-2 B-3 ♦ B-1 B-4 of 10 O _� �r!�blismsorC.rp.ntiorj A DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS AERIAL PHOTOGRAPHY PROVIDED NOT INTENDED FOR CONSTRUCTION PURPOSES BY MICROSOFT BING MAPS Project Manager: Project 13207110 DC 13EXCAVATION DIAGRAM Exhibit Irerracon Drawn by: Scale: DMG ASSHOWN Checked by: Jefferson Street ROW $ JMN File'Aendix A F�F� 3105 Capital Way,Ste s 300 Jefferson Street Approved by: Date:March 2021 Cedar Falls,IA 50613.7030 Waterloo, IA DMG Page 472 of 610 Table 1: Services and Fees Terracon Project Number: 13207110 Site Name: City ROW Address: 300 Jefferson Street City,State: Waterloo, Iowa LUST Number: 9LTS91 Registration Number: 202000033 Date: 4/15/2021 Merracon Cost per Task Unit Unit Type No.of Units Total Engineering Services Environmental Department Manager(project coordination,client communications)" $ 135 /hour 4 $ 540 Certified Groundwater Professional(scope development, project management)" $ 115 /hour 8 $ 920 Over Excavation Report $ 1,500 1 lump sum 1 1 1 $ 1,500 Subtotal $ 3,460 Field Services Field personnel mobilization(Up to 50 miles) $ 315 1/mobilization 1 $ 315 Daily equipment charges(IP/water probe, PID,survey,etc.) $ 200 1 /day 1 1 1 $ 200 Field Geologist/Engineer/Scientist" $ 85 1 /hour 1 10 1 $ 850 Subtotal $ 1,365 Sample preparation and laboratory analysis: Soil: OA-1 (BTEX)and OA-2(TEH) $ 100 1 /sample 1 5 1 $ 500 Subtotal $ 500 Total $ 5,325 Page 473 of 610 Irerracon- Reference Number: 13217110 SUPPLEMENT TO AGREEMENT FOR SERVICES CHANGE TO SCOPE OF SERVICES AND FEES This SUPPLEMENT to AGREEMENT FOR SERVICES to the original Agreement for Services(original Agreement dated 02/01/2021,Agreement reference number P13207110)is between City of Waterloo IA("Client")and Terracon Consultants, Inc.("Consultant")for additional or changed Services to be provided by Consultant for Client on the Project,as described in the Agreement for Services.This Supplement is incorporated into and part of the Agreement for Services. 1. Scope of Services. The scope of the additional or changed Services are described in the Scope of Services section of the Consultant's Supplemental Proposal, unless Services are otherwise described below or in Exhibit B to this Supplement (which section or exhibit are incorporated into the Supplement). See attached Terracon Proposal dated April 15,2021 2. Compensation. Client shall pay compensation for the additional or changed Services performed at the fees stated in the Supplemental Proposal unless fees are otherwise stated below or in Exhibit C to this Supplement(which section or exhibit are incorporated into the Supplement). See attached Terracon Proposal dated April 15,2021 All terms and conditions of the Agreement for Services shall continue in full force and effect. This Supplement is accepted and Consultant is authorized to proceed. Consultant: Terracon Consultants, Inc. Client: City of Waterloo IA By: Date: 4/15/2021 By: Date: Name/Title: Dave C.Cleary, REM /Environmental Name/Title: Mayor Quentin Hart/City of Waterloo Department Manager Address: 3105 Capital Way,Ste 5 Address: 715 Mulberry St Cedar Falls, IA 50613-7030 Waterloo, IA 50703 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: (319) 291-4312 Fax: (319) 291-4262 Email: Dave.Cleary@terracon.com Email: Quentin.Hart@Waterloo-ia.org Page 1 of 1 Rev.8-12 CITY OF WATERLOO Council Communication Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access and stop loss and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Health and Dental Resolution Letter Resolution Letter ❑ Wellmark Resolution Resolution Letter Resolution approving Renewal Agreement with Wellmark Blue Cross Blue SUBJECT: Shield for fees associated with administration, network access and stop loss and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Lance Dunn, Human Resources Director Page 475 of 610 ((ATY OF WATERLOO , IOWA rl HUMAN RESOURCES DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 •Phone(319)291-4303•Fax(319)291-4569 Liayor May 6, 2021 QUENTIN HART Mayor and City Council COUNCIL I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute MEMBERS the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss "' Fees, and Delta Dental Fixed fees. The one-year agreement for covered employee and retiree plans will be effective July 1, 2020. MARGARET KLEIN It is anticipated that the cost for the Wellmark administration, network access and stop loss IVard 1 premium will be $1,769,013 at the end of this fiscal year. The Delta Dental fixed costs are JONATHAN projected to be $36,350 at the end of this fiscal year and it is anticipated there will be a slight GRIEDER increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending {yard 2 on the number of actual employees and dependents covered and the number of claims filed by PATRICK the health and dental insurance plans MORRISSEY fVard 3 JEROME AMOS,JR. Sincerely, Ward 4 RAY FEUSS Wards Lance Dunn Human Resources Director SHARON JUON Cc: file At-Large DAVE BOESEN At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 476 of 610 Wellmark o V,®, 0 0 OO 2019 Wellmark Inc.All rights reserved.Wellmark Blue Cross and Blue Shield of lova,Wellmark Health Pian of lom,Inc.,Welimark Blue Goss and Blue Shield of South Dakota,Wellmark Value Health Plan,Inc.,and Wellmark Administrators,Inc.are independent licensees of the Blue Cross and Blue Shiefd Association. ACCOUNT INFORMATION AND BINDER AGREEMENT CITY OF WATERLOO 7/1/2021 00014392 OOOOXA025 Account Legal Name Effective Date Account Key Group Number Physical Address 715 MULBERRY ST _ Address Line 1 Address Line 2 WATERLOO IA 50703-5714 city State Zip Billing Address (if different than physical address) ❑ Alternate Location ❑ 3rd Party Billing Service(If checked,account acknowledges the Wellmark Group Statement or premium invoice,delivered periodically to any third party service provider,can be viewed by account,by registering for electronic billing at Wellmark.com.) 715 MULBERRY ST Address Line 1 Address Line 2 WATERLOO IA 50703-5714 City State Zip Authorized Health Plan Representatives An authorized health plan representative is an employee of the Account(not the Producer)who is authorized to request and receive the minimum necessary protected health plan information about the group health plan's members in order to perform their day-to-dayjob functions of administering benefits for participants of the plan.The following individual employees are authorized health plan representatives. 7/1/2021 Effective Date Name Title Email Phone Lance Dunn HR Director Lance.dunn@waterloo-ia.org 319-291-4522 x 30b Page 477 of 610 Authorized Health Plan Representatives (continued) Name Title Email Phone Michelle Weidner Chief Financial michelle.weidner@waterloo- 319-291-432d Officer ia.org Nancy Culpepper Administrative nancy.culpepper@waterloo- 319-291-43Cd Secretary Human ia.org Resources Nikki Fischels HR Specialist, Payroll NICOLE.FISCHELS 319-291-4522 EXT 33tj &Benefits @WATERLOO-IA.ORG Producer Designation No Producer Designated Account requests that Wellmark recognize the following individual and firm as the designated employee benefits and insurance producer. Designation of Producer Effective Date Primary Producer Name Producer Firm Name Producer Number Producer Firm Address 1 City State Zip Primary Contact Name Email Phone Authorization to Release Group Health Plan Information and Protected Health Information to Consultant By signing below,the Employer hereby authorizes and directs Wellmark, Inc.to disclose to the above, designated Consultant certain group health plan information and Protected Health Information regarding participants in the employer-sponsored group health plan for the purpose of the Consultant's administration of the Employer's group health plan.The Employer authorizes Wellmark to disclose such information via secure online access through Wellmark's website, including the following website applications which contain information the Employer considers necessary to provide to the Consultant in order to conduct operations of the Employer's group health plan: • Member Maintenance/Update Member Information • Employer Reports • Update Other Insurance Information/Coordination of Benefits • Check Claims Status • eBilling Services • Eligibility Verification Benefits Information(EVBI) Page 478 of 610 Producer Designation (continued) ❑ Yes, I authorize my Consultant to access this information. By signing below,the Employer authorizes Wellmark to provide the Consultant access to this information on an ongoing basis without further authorization. The Employer represents and agrees that I)The Consultant is considered a Business Associate of the Employer,not Wellmark,Inc.,2)The information to be disclosed is considered confidential,3)The Consultant has provided satisfactory assurance to the Employer that the Consultant will propedysafeguard and not further disclose the information,4)Wellmark shall not be liable or responsible for any misuse or wrongful disclosure ofsuch information by the Employer or its Consultant,5)The Employer agrees to indemnify and hold Wellmark harmless from and against any claim,cause ofaction,liability,damage,cost or expense,including attorney's fees and court or proceeding costs,arising out of,or in connection with,any misuse or wrongful disclosure of the information by the Employer,or its Consultant.The Employer acknowledges that the Consultant will be required to agree to Wellmark's website terms and conditions upon registering for access to such information. ® No, I do not authorize my Consultant to access this information. Secondary Consultant There is no secondary consultant on file.You may add one below. Secondary Consultant Name Email Address Phone Authorization to Release Protected {health Information for Third-Party Explanation of Benefits Not Applicable General Account Information Devonne Harford 00000044 Wellmark Account Manager Rep ID# February July CWW Contact Month Plan Year Month Unique Alpha Prefix Wellmark IS the Exclusive Carrier Blues Enroll Enrollment Method Open Enrollment Period' *Enrollment Period is the period in which employees can enroll within a plan or plans,and/or when written application materials are provided to employees,if sooner. The account will hold an open enrollment: YES F1 NO If YES,fill in open enrollment period dates: Starting date Ending date Funding Arrangement Page 479 of 610 General Account Information (continued) ❑ This self-funded account will be developing our own SBCs to distribute. (Ityoumodify oropt out otusing the standard, Wellmark-provided SM,please be aware that Wellmark will not be able to retain or distribute your customized SECS to your employees.) Self Funded Wellmark 36/12 $100K Ind.SL and 120%Agg SL Funding Arrangement Stop Loss Carrier Stop Loss Terms/Lines of Business Terminal Rider applies: El YES ® NO (Ityes,Signed exhibitpage attached.) Value Based Program elected: ❑ YES ® NO Product ® Health ® Pharmacy ❑ Dental A group health plan may designate a state benchmark plan other than Iowa or South Dakota for purpose of determining compliance with essential health benefit(EHB)requirements. Benchmark Exception for EHB? ❑ YES NO If yes, list State Guarantees Not Applicable Health Care Management Services Not Applicable Representation of Grandfathered Status under the Affordable Care Act Not Applicable COBRA Not Applicable Page 480 of 610 This Large Group Account Information and BinderAgreement('BinderAgreement)serves solely as evidence of Wellmark's agreement to provide the health insurance coverage or administrative services and to provide services for any applicable stop loss insurance coverage indicated above. The Account agrees to the terms and payment obligations stated herein and agrees to pay Wellmark the applicable rates,administrative fees,and/or stop loss premium stated in the attached documentation. Execution of the BinderAgreement by the Account authorizes Wellmark to implement the administration of this coverage including the processing and settlement of claims for members of the Account's group health plan incurred within the Rating Period stated in the attached Rating Exhibit. On or about the effective date of coverage, Wellmark shall issue and execute a definitive agreement which maybe a Group Insurance Policy, Administrative Services Agreement and or Stop Loss Policy,depending on the nature of the group health plan. The definitive Agreement will set forth the rights and responsibilities of Wellmark and the Account. Account's payment to Wellmark of the applicable fees as of the effective date is evidence ofAccount's agreement to the terms specified in the definitive agreement. Signatures on this BinderAgreement confirm that the BinderAgreement and the subsequent definitive agreement are issued for delivery in either Iowa or South Dakota,as applicable. Account understands and agrees that Wellmark defines a National Account as any company headquartered in Wellmark's service area oflowa or South Dakota but which also has employees workingat locations in otherstates whose claims are processed through the Blue Cross and Blue Shield Association's Blue Card program. If the Account is not headquartered in Wellmark's service area,coverage maybe limited to employees associated with Account locations in Wellmark's service,and coverage will be void for any persons associated with Account locations outside Wellmark's Service Area unless express consent is obtained from the local Blue Cross or Blue Shield licensee. Account acknowledges and agrees that it has reviewed and approved this BinderAgreement and all attachments. Account acknowledges Wellmark will rely on the information contained in this BinderAgreement,and all of the attachments hereto,including but not limited to the SBC Employer Data Form,Medicare Secondary Payer Addendum,Rate Exhibits,Health and Care Management rates,Online Benefit Summary(OBS),COBRA Agreements,representations of grandfathered status and any performance guarantee information. Account represents to Wellmark that the information contained herein is correct. This BinderAgreementshall expire upon Wellmark's issuance and execution of the definitive agreement(either the Group Insurance Policy,orAdministrative Services Agreement and Stop Loss Policy,h'applicable),EXCEPT that any COBRA Agreements,Health and Care Management Programs/Services Rating Exhibit,will remain in effect and become a part of the definitive agreement. It is understood that the Wellmark may continue to rely on the designations of individuals and authorizations made herein until the Account withdraws such designations or authorizations or provides updated designations and authorizations.It is understood and agreed that the terms and conditions of the definitive agreement and benefits document(s)issued by Wellmark to the Account,and the terms and conditions of the definitive stop loss policy issued bystop loss carrier,if any,shallgovern and control the terms stated in this Binder. Any inconsistency between this BinderAgreement,including attachments,and any subsequently issued definitive agreement(s)shall be construed in favor of the subsequently issued definitive agreement. This Binder Agreement shall be governed in accordance with Iowa Law. ACCOUNT: ( rl e Dun a By(sign here) Printed Name V- Title Date For Internal Use Only XA Account Renewal-Benefit Change Added maternity coverage for dependents Accidental Dental-Dental treatment initiated within 12 months and completed within 24 Hearing aid limit-$1000 every 36 month $0 copay for PPO Office MHCD and MHCD DOD Notes Page 481 of 610 Page 482 of 610 Well.m ark-, Wt,IIm�rtiC4i2CSht 3nlr e n st Ui tr--_e W the KitWoman WN Gft�S uv''814-5 511i[:v rtSi�Ci3t}jl. Group Name: City of Waterloo Account Key: 00014392 Renewal Period: 07/01/2021 to 06/30/2022 OBS#188067-58 /188067-59 139 Single Contract:36/12 Alliance Select 463 Family Monthly Aggregate Option: No Deductible:$500/$1,000;$1,000/$2,000 Payment Terms:Actual Weekly Coinsurance: 20%/40% OPM: $1,000/$2,000;$2,000/$4,000 602 Total Office Visit Copay: See OBS BlueRx Complete Deductible: $01$0 Copay: $15/$30/$50 Estimated Annual Premium Level Fee/Contract Based on Current Enrollment ndividual Stop Loss $100,000 $200.81 $1,450,651 4ggregate Stop Loss 120% $2.49 $17,988 administrative Fees-Health w/weekly settlement $40.48 $292,428 administrative Fees-PBM $1.10 $7,946 consultant Fee $0.00 $0 Total Administrative Fees $244.88 $1,769,013 Jetwork Access Fee $9.91 $71,590 SMG Family Annual Projection xpected Claims $727.47 $1,818.67 $11,317,951 \dmin, NAF&Stop Loss Fees $118.31 $295.78 $1,840.694 Estimated Suggested Rates* $845.78 $2,114.45 $13,158,645 kttachment Points $872.96 $2,182.40 $13,581,512 admin, NAF&Stop Loss Fees $118.31 $295.78 $1,840,694 Estimated Max Liability to Fund* $991.27 $2,478.18 $15,422,206 Actual results may vary. Also, rates provided include administrative costs based on the entire group population. idividual Stop Loss includes coverage for Health and Drug and is based on a lifetime maximum of unlimited. ,ggregate Stop Loss includes coverage for Health and Drug.The maximum Aggregate reimbursement is unlimited. .mployer Signature: Date: :omments: 47415 Independent Licensee of the Blue Cross and Blue Shield Association Proposal DaPW2f83 of 610 i We- 11mark.."",VC 11,16 1 triatk lL:--Crp%ar4Mp`SN"5art IndvpNneOt LkeaseeofLheBlue Cross Wd61L*Shialf,AssodatDi. Group Name: City of Waterloo Account Key: 00014392 Renewal Period: 07/01/2021 to 06/30/2022 Consultant fee,if applicable,is an amount determined by the consultant and employer,and included here for the convenience of the employer to understand the total cost of services from Wel/mark and the consultant The consultant fee will be invoiced by Wellmark pursuant to agreement between Wellmark,Employer and Consultant. Wellmark is not providing any legal orprofessional advice with regard to compliance of any federal or state law,regulations,or guidance.Law, regulations and guidance on specific provisions has been and will continue to be provided by the appropriate federal and state agencies and regulators. The information provided reflects Wellmark's understanding of the most current information and is subject to change without further notice.Please note that plan benefits,rates,renewal rate adjustments,and rating impact calculations are subject to change and may be revised during a plan's rating period based on guidance and regulations issued by the appropriate federal and state agencies and regulators. Wellmark makes no representation as to the impact of plan changes on a plan's grandfathered status or interpretation or implementation of any other provisions of law or regulation. Wellmark will not determine whether coverage is discriminatory or otherwise in violation of Internal Revenue Code Section 105(h). Wellmark also will not provide any testing for compliance with Internal Revenue Code Section 105(h). Wellmark will not be held liable for any penalties or other losses resulting from any employer offering coverage in violation of section 105(h). Wellmark will not determine whether any change in an Employer Administered Funding Arrangement affects a health plans grandfathered health plan status underACA or otherwise complies with ACA. Wellmark will not be held liable for any penalties or other losses resulting from any Employer Administered Funding Arrangement.For purposes of this paragraph,an Employer Administered Funding Arrangement"is an arrangement administered by an employer in which the employer contributes toward the member's share of benefit costs(such as the members deductible,coinsurance,or copayments)in the absence of which the member would be financially responsible.An Employer Administrative Funding Arrangement does not include the employer's contribution to health insurance premiums or rates. The subrogation recovery vendor(s)retain a service fee calculated as a percentage of the recovered amount after deductions for attorneys' fees and costs.For subrogation cases initiated prior to July 1, 2016,the subrogation recovery vendor's service fee is 12 Y4%of the recovered amount.For subrogation cases initiated on or after July 1,2016, the subrogation recovery vendor's service fee is 19.5%of the recovered amount. This fee is subject to change. The final recovered amount received from the vendor is credited to Account. Wellmark's agreement with the subrogation recovery vendor may from time to time allow for the application of no vendor service fees to amounts recovered during that period of time.Any subrogation recovery amount obtained by the vendor on behalf of the Account during that time period will be provided to Account without application of the vendor service fee. v47415 Independent Licensee of the Blue Cross and Blue Shield Association Proposal Date:4/5/2021 Page 484 of 610 Wellmark o �®� o (W. Wellmark Blue Cross and Blue Shield is an Independent Licensee of the Blue Cross and Blue Shield Association. MEDICARE COMPLIANCE The purpose of this communication is to notify employers of the mandatory reporting requirements of the Medicare, Medicaid,and SCHIP Extension Act of 2007 which were passed into law in July 2008. Your cooperation in providing the necessary employer data and data for each employee and dependent is needed in order to comply with the requirements. The Section 111 mandates of the law help payers identify when the Centers for Medicare and Medicaid'Services(CMS) should pay secondary to employer group health coverage. The goal includes reducing the amount CMS may pay as primary when they should have paid as secondary. Under the requirements, all health plan,liability, no fault and workers compensation coverages must register with CMS as a Responsible Reporting Entity(RRE)and must report to CMS employer and member information. In order to fulfill the mandated requirements and report accurately to CMS,Wellmark,as a RRE, must gather and groups must provide the following information: ® Employer Tax Identification Number(ETIN) ® Evidence of status as a Commonly Owned/Controlled Group of Organizations, Multi/Multiple Employer Group health plan(such as an Association or Trust), Hour Bank or Union health plan ® Total number of group employees/group size ® Social Security Numbers(SSNs)or Health Insurance Claim Numbers(HICNs)of active employees, spouses,domestic partners ® SSNs or HICNs for those dependents with end stage renal disease (ESRD)or disabled ® Status of all employees and effective date of that status(i.e.active,COBRA, retired) ® Disability information begin or end dates, if known Please take a moment to complete the Confirmation of Medicare Secondary Payer(MSP)Addendum form.This will allow us to capture your employer data for reporting to CMS. Member data is gathered through the use of the group's existing enrollment and eligibility data collection channels,which may include paper applications or electronic data exchanges and should be provided through those processes. Failure to provide the group information requested on the attached Confirmation of MSP Addendum can result in penalties being assessed to the group including, but not limited to,$1,000 per day per member for not accurately reporting to CMS and/or an excise tax equivalent to 25 percent of the employer's group health plan expenses for the relevant year. Wellmark Blue Cross and Blue Shield of Iowa I 1331 Grand Avenue I PO Box 9232 I Des Moines,Iowa 50306-9232 1 wellmark.com N-2305 5114 AN-T Page 1 of 2 Page 485 of 610 I Clear For_ Wellmark. j®® FOR ADMINISTRATIVE USE ONLY © © New Group: Group# Wellmark Blue Cross and Blue Shield is an Independent Coverage Effective Date: Licensee of the Blue Cross and Blue Shield Association. CONFIRMATION OF MSP ADDENDUM ALL NEW AND RENEWAL GROUPS ARE REQUIRED TO SUBMIT A COMPLETED FORM.FAILURE TO SUBMIT A COMPLETED FORM WILL DELAY THE INITIAL ENROLLMENT OR RENEWAL PROCESS UNTIL THIS FORM IS SUBMITTED. Part A-Employer Information Please complete a separate confirmation form for each Employer Tax Identification Number you use to report employee earnings to the Internal Revenue Service(IRS).See the Medicare Secondary Payer Definitions page(M-1756)for more information on terms shown in italics. Employer Tax Identification Number:Fq] N LTJ ® ® 7 Group Number(Renewing Groups Only): X 0 '5 Employer Name: t t 61, -Vi/i c 6 Employer Address: r IP) . m w, � � t- ak�l City: o State: VVA Zip: 50,7o - Contact 7o 'Contact Person: _La, .( u `r�� � Telephone Number: g '9"n, o E-mail Address(optional): 1. Did your organization make contributions on behalf of any employee who was covered under a OYes rl No collectively bargained Health and Welfare Fund(i.e., union plan)during the previous calendar year? 2. Did you have 20 or more employees for 20 or more calendar weeks(this includes all full-time,part-time, es r-I No intermittent,leased and/or seasonal employees, not just those eligible or enrolled employees)during the previous or current calendar year?If no,in the event you experience a change,you must notify Wellmark when this change occurs. 3. Did you have 100 or more employees during 50 percent of your business days(this includes all full-time, es 0 No part-time,intermittent,leased and/or seasonal employees,not just those eligible or enrolled employees) during the previous calendar year? 4. Did your organization participate in a multi or multiple employergroup health plan(more than one rJYes ONO employer in group,i.e., Multiple Employer Welfare Association)during the previous calendar year? If yes,what is the name and address of the multi or multiple employer plan? Name: Address: City: State: Zip: 5. Was your organization part of a commonly owned or commonly controlled group of organizations during n Yes No the previous calendar year? If yes,what is the name and address of the commonly owned/controlled entity? Name: Name: Address: Address: City: State: Zip: City: State: Zip: Part B-Employer Certification I certify that the information provided is accurate and truthful.All information will be used to identify the Medicare Secondary Payer status of Medicare-enrolled employees. Signature Date Send completed MSP form based on following: lA&SD Large Groups(new or IA&SD Small Groups(new or IA Small Groups renewing with no SD Small Groups renewing with no renewal) renewing with benefit changes) benefit change-send this form to: benefit change Submit this completed MSP Submit this completed MSP form Fax:(515)376-9044 or Send this completed MSP form to: form with group's health plan with group's health plan new or Wellmark,Inc. Wellmark,Inc. new or renewal paperwork renewal paperwork PO Box 9232—Mail Station 3W396 PO Box 5023—Station 338 Des Moines,IA 50306-9232 Sioux Falls,SD 57117-5023 N-2305 5/14 AN-T Page 48&off 610 Required Federal Accessibility and Wellmark Nondiscrimination Notice o a Discrimination is against the law Wellmark complies with applicable federal civil rights laws and If you believe that Wellmark has failed to provide these services or does not discriminate on the basis of race, color, national origin, discriminated in another way on the basis of race,color, national age,-disability or sex.Wellmark does not exclude people or treat origin,age,disability or sex,you can file a grievance with:Wellmark them differently because of their race, color, national origin, age, Civil Rights Coordinator, 1331 Grand Avenue, Station 5W189, disability or sex. Des Moines, IA 50309-2901,515-376-4500,TTY 888-781-4262, Fax 515-376-9073, Email CRCna Wellmark.com.You can file a Wellmark provides: grievance in person, by mail,fax or email. If you need help filing • Free aids and services to people with disabilities so they may a grievance,the Wellmark Civil Rights Coordinator is available to communicate effectively with us, such as: help you.You can also file a civil rights complaint with the U.S. Department of Health and Human Services Office for Civil Rights Qualified sign language interpreters electronically through the Office for Civil Rights Complaint Portal • Written information in other formats(large print, audio, available at https://ocrportal.hhs.gov/ocr/portal/lobby.isf,or by mail, accessible electronic formats,other formats) phone or fax at: U.S.Department of Health and Human Services, Free language services to people whose primary language is 200 Independence Avenue S.W., Room 509F, HHH Building, not English, such as: Washington DC 20201, 800-368-1019,800-537-7697(TDD). Qualified interpreters Complaint forms are available at http://www.hhs.gov/ocr/office/file/ • Information written in other languages index.html. If you need these services, call 800-524-9242. ATENC16N:Si habla espanol,los servicios de asistencia de idiomas Geb Acht:Wann du Deitsch schwetze duscht,kannscht du Hilf in dei se encuentran disponibles gratuitamente para usted.Comunfquese eegni Schprooch koschdefrei griege.Ruf 800-524-9242 odder(TTY: al 800-524-9242 o al(TTY: 888-781-4262). 888-781-4262)uff. )f : jtQA1 ikP imiw,, {i77 { # 1 iA g*RhP9*e i*# fT winFInti�n IVItJ t51Jlll5tl 15Rf7£1l1RaDGi 1L6TY1141c�1N511�€1l�GlF1�7J 800-524-9242 A (afrr1M: 888-781-4262)o Aroma 800-524-9242 wsa(TTY:888-781-4262) CHID Y:Neu quy vi not tie-ng Viet,cac dich vu ho tra ng6n ngir mien phf c6 PAG-UKULAN NG PANSIN:Kung Tagalog ang wikang ginagamit mo, sa`n cho quy vi.Xin hay lien he 800-524-9242 hoac(TTY:888-781-4262). may makukuha kang mga serbisyong tulong sa wika na walang bayad. Makipag-ugnayan sa 800-524-9242 o(TTY:888-781-4262). NAPOMENA:Ako govorite hrvatski,dostupna Vam je besplatna podr9ka na Vas"em jeziku. Kontaktirajte 800-524-9242 i!i(tekstualni telefon za osobe ostedena sluha:888-781-4262). �:n�: :oo-cry-��demeS(TTY:a na-2e�-gdG��n5. ACHTUNG:Wenn Sie deutsch sprechen,stehen Ihnen kostenlose BHOMAHME!Ecnli Baw poAHOi A3blK pyccKMO,BaM Mory-r 6bITb sprachliche Assistenzdienste zur Verfogung.Rufnummer:800-524-9242 npeAocraeneHbl 6ecnnaTHble nepeBoALieMie ycnync 06paLgaOTecb oder(TTY:888-781-4262). 800-524-9242(Tenera i n:888-781-4262). Lp<A �l 4_m ys I�!:a u rFr: �1 T f : err eTrcT l��rr .(888-781-4262: —�l L aVI nAv)9!800-524-9242 44rq;��3qr-ff TrzrT�1800-524-9242-qT(fTY:888-781-4262),RT uT t Trq I �rlo>Jt�t`ia� ,Lll`15�eJ'1�1T°1P11"lUt�°l:Yll�716 '1d1Y16�T1`19J€1�`1d1��EJtYJ19Gl'l�lYll'1 0901`L3'huYU M574-ntfti'4 5 M hhcy 597 @9TthiA: 1avjv=€9 to 800-524-9242 ci)661.(TTY:888-781-4262.) $7!F?r::(1 800-524-9242 m?90(gTTY:888-781-4262),aajtoa T°I:�F�of z�f o 01 L zo$, �r� °1oj xI a k-jdl� 011tE N HEETINATo a wolwa Fulfulde laabi wailiinde dow wolde,naa a njobdi,ene -T`- A)bLIE[.800-524-9242dl 5Et(TTY:888-781-4262)dT2ip_°T9roH ngoodingammaada.Hebir800-524-9242malla(m:888-781-4262). T�AI9. FUULEFFANNAA:Yo isin Oromiffaa,kan dubbattan taatan,tajaajiloonni t;7FT T4:WR MIr#WW f } -er W4 P17-TFT ffqTff fir,R:q�-T gargaarsa afaanii,kaffaltii malee,isiniif ni jiru.800-524-9242 yookin(TTY: �a#1 800-524-9242�#q*zaw(TTY:888-781-4262)1 888-781-4262)quunnamaa. ATTENTION:si vous parlez frangais,des Services d'assistance YBAFA!SiKuTo 1314 p03MOBnFiere yKpafHCbKO10 MOEOlO,AnH Bac AocrynHi dans votre langue sont a votre disposition gratuitement.Appelez le 6e3KOWT013Hi noenyrw MOBHoi niATpNMKrt.3aTeneCi OHylATe 3a HoMepoM 800 524 9242(ou la IigneATS au 888 781 4262). 800-524-9242 a6o(TeneTaOn:888-781-4262). Ge': Dine k'ehjf yanftti'go nfka bizaad bee aka'adoowot, t'aa jiik'e, naholQ. Koj['holne'800-524-9242 doodaii'(TTY:888-781-4262) Wellmark Blue Cross and Blue Shield of Iowa,Wellmark Health Plan of Iowa,Inc.,Wellmark Synergy Health,Inc.,Wellmark Value Health Plan,Inc. and Wellmark Blue Cross and Blue Shield of South Dakota are independent licensees of the Blue Cross and Blue Shield Association. M-231837608116 A Page 487 of 610 CITY OF WATERLOO Council Communication Resolution approving Renewal Agreement with Delta Dental for fees associated with administration and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Delta Resolution Resolution Letter ❑ Health and Dental Resolution Letter Resolution Letter Resolution approving Renewal Agreement with Delta Dental for fees SUBJECT: associated with administration and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Lance Dunn, Human Resources Director Page 488 of 610 City of Waterloo SEE;;= Group#32559 Rating Period 7/1/21 through 6/30/22 Financial Exhibit Delta Dental PP®sm Current Enrollment Experience Period Claims Paid 1/1/20 through 12/31/20 Single Family 136 484 Claims Paid 1/1/20 through 12/31/20 $462,869 Adjustment of Claims to Incurred Basis $14,316 Incurred Claims $477,185 Projected Claim Factors 7/1/21 through 6/30/22 Trend in Claims $28,917 Single Family Projected Claims Based on Current Experience $506,102 $27.04 $85.93 Claims and Enrollment Fluctuation Adjustment $37,116 Projected Annual Claims Based on Current Enrollment $543,218 Fixed Fees Per Contract Operating Costs $4.91 $36,530 Fixed Fees Broker Fee $0.00 $0 Cost Per Contract Current Renewal $4.76 $4.91 Subtotal Fixed Fees $4.91 $36,530 Suggested Rates 7/1/21 through 6/30/22 Single Family $28.86 $91.71 Projected Annual Expense $579,749 I acknowledge acceptance of this renewal at the rates shown above. Percent of Premium Contributed by Employer: Single % Family % Total Employees Enrolled: Total Employees Eligible: Signature of Group Administrator E-Mail Address Date Please sign and return to fax#888-337-5157 DELTA DENTAL OF IOWA Page 489 of 610 ((ATY OF WATERLOO , IOWA rl HUMAN RESOURCES DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 •Phone(319)291-4303•Fax(319)291-4569 Liayor May 6, 2021 QUENTIN HART Mayor and City Council COUNCIL I am requesting that the City Council authorize the Mayor and the City Clerk to sign and execute MEMBERS the renewal agreement with Wellmark for Administration, Network Access Fees (NAF), Stop Loss "' Fees, and Delta Dental Fixed fees. The one-year agreement for covered employee and retiree plans will be effective July 1, 2020. MARGARET KLEIN It is anticipated that the cost for the Wellmark administration, network access and stop loss IVard 1 premium will be $1,769,013 at the end of this fiscal year. The Delta Dental fixed costs are JONATHAN projected to be $36,350 at the end of this fiscal year and it is anticipated there will be a slight GRIEDER increase next fiscal year. The final costs for this fiscal year and next fiscal year will vary depending {yard 2 on the number of actual employees and dependents covered and the number of claims filed by PATRICK the health and dental insurance plans MORRISSEY fVard 3 JEROME AMOS,JR. Sincerely, Ward 4 RAY FEUSS Wards Lance Dunn Human Resources Director SHARON JUON Cc: file At-Large DAVE BOESEN At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 490 of 610 CITY OF WATERLOO Council Communication Resolution approving Renewal Agreement with National Insurance Services for fees associated with life and long term disability policies and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ National Insurance Resolution Resolution Letter Resolution approving Renewal Agreement with National Insurance Services SUBJECT: for fees associated with life and long term disability_policies and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Lance Dunn, Human Resources Director Page 491 of 610 90��NIS National Insurance Services February 21, 2021 Lance Dunn corporate Headquarters 250 South Executive Drive Human Resources Director suite 300 City of Waterloo Brookfield,VVI 53005 715 Mulberry Street Waterloo, IA 50703 Indiana office 9100 Meridian Square RE: Life and Long Term Disability Renewal 50 East 91st street Suite 315 Dear Lance; Indianapolis,IN 46240 The City of Waterloo's Life and Long Term Disability Insurance policies renew on July 1, 2021. 1 am Michigan Offices 310 East C:lichigan Avenue pleased to inform you that Madison National Life Insurance Company, Inc. has determined that no rate Suite 503 adjustments are needed.Your renewal rates are as follows: Kalamazoo,Pnl 49007 Current Rate Renewal Rate effective 43120 Utica Road July 1, 2021 Suite 400 Basic Life $0.21 per$1,000 $0.21 per$1,000 sterling Heights,MI 43314 Basic AD&D $0.03 per$1,000 $0.03 per$1,000 Employee Supplemental Life $0.27 per$1,000 $0.27 per$1,000 120 East Liberty Spouse Supplemental Life Age Rates Current Age Rates Suite 220 Dependent Child Basic Life $1.50 per dependent unit $1.50 per dependent unit Ani Arno,MI 43104 Long Term Disability .36%(.0036)of covered .36%(.0036)of covered payroll payroll Minnesota Office Long Term Disability ASO $0.42 per employee $0.42 per employee 14852 Scenic Heights Read Suite 210 Eden Prairie,Mid 55344 These rates are guaranteed for 1 year until July 1, 2022. Nebraska office Please sign the bottom of this letter as your acceptance of the renewal.Thank you for your continued 9202 West Dodge Road business. Please do not hesitate to call me if you have any questions. Suite 3032 Omaha,NE 53114 Sincerely, Pennsylvania Office 375 Southpointe Blvd Suite 220 Canonsburg,PA.15317 Megan Ware Account Manager The July 1, 2021 renewal of Group Life and Long Term Disability Insurance as outlined above is accepted. Signature&Title Date Renewal eForm#8461,8508&8629 Page 492 of 610 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Global Spectrum, LP, d/b/a Spectra Partnerships, for the implementation of fundraising and naming rights services to the Waterloo Convention Center, in a base amount not to exceed $7,500 for the first year and a 5% commission on executed contracts, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared:4/6/2021 Resolution approving a Professional Services Agreement with Global Spectrum LP, d/b/a Spectra Partnerships, for the implementation of SUBJECT: fundraising and naming rights services to the Waterloo Convention Center, in a base amount not to exceed $7,500 for the first year and a 5% commission on executed contracts, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Michelle Weidner, Chief Financial Officer This agreement will allow Spectra Partnerships to provide support services Summary Statement: to city staff to raise funds for renovations of the Convention Center, including the Plaza Renovation& Memorial project. Expenditure Required: $7,500 to be requested from hotel/motel discretionary funds and 5% commissions to be paid from the funds raised. Page 493 of 610 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Terracon Consultants, Inc., of Cedar Falls, Iowa, in an amount not to exceed $5,000, in conjunction with the FY 2022 Lake Street RISE Project, Contract No. 1051, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Contract Backup Material Resolution approving a Professional Services Agreement with Terracon SUBJECT: Consultants. Inc., of Cedar Falls. Iowa, in an amount not to exceed $5,000, in conjunction with the FY 2022 Lake Street RISE Project, Contract No. 1051. and authorizing the Mayor to execute said document. Submitted by: Submitted By:Matt SchindeL Associate Engineer Summary Statement: Proposal is to conduct soil testing See attached agreement for Scope of Services. During the construction of the new trail and enhancements in front of the Sportsplex, the contractor found and intact 101x4' buried tank. Under State Background Information: law, these tanks must be abandoned properly. This agreement with Terracon will provide for testing services, hiring a specialized contractor to remove and dispose of the tank and file all necessary paperwork with the State of Iowa. Page 494 of 610 May 10, 2021 Irerracon City of Waterloo Engineering Department 715 Mulberry Street Waterloo, Iowa 50703 Attn: Mr. Matt Schindel, Associate Engineer P: (319)291-4312 E: Matt.Schindel@waterloo-ia.org Re: Proposal for Subsurface Exploration Services FY 2022 Lake Street Rise Project Leversee Road and Lake Street Waterloo, Iowa Terracon Revised Proposal No. P13215038R1 Dear Mr. Schindel Terracon Consultants, Inc. (Terracon)appreciates the opportunity to submit this revised proposal to the City of Waterloo Engineering Department to provide Subsurface Exploration services for the planned Lake Street Rise Project. The following are exhibits to the enclosed Agreement for Services. Exhibit A Project Understanding Exhibit B Scope of Services Exhibit C Compensation and Project Schedule Exhibit D Site Location Exhibit E Anticipated Exploration Plan Our estimated unit price fee to perform the Scope of Services described in this proposal is$4,600 to $5,000. See Exhibit C for more details of our fees. Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing and returning a `pdf' file of the attached Agreement for Services via email to Gregory.Decker@terracon.com. Sincerely, Terracon Consultants, Inc. � Gregory*NA I. J��.Son P. Heinz, P.E. Staff Engineer Department Manager Geotechnical Services Terracon Consultants, Inc. 3105 Capital Way, Ste. 5 Cedar Falls, Iowa 50613 P (319) 277 4016 F (319) 277 4320 terracon.com Irerracory Reference Number:P13215038 AGREEMENT FOR SERVICES This AGREEMENT is between City of Waterloo IA("Client") and Terracon Consultants, Inc. ("Consultant")for Services to be provided by Consultant for Client on the FY 2022 Lake Street Rise Project project ("Project"), as described in Consultant's Proposal dated 05/10/2021 ("Proposal"), including but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement(which section or Exhibit is incorporated into this Agreement). 1. Scope of Services. The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section ("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement). Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts)or occupant safety issues, such as vulnerability to natural disasters,terrorism,or violence. If Services include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. 2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the Project. 3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs, authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultant will be paid for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Proposal, including but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement(which section or Exhibit is incorporated into this Agreement). If not stated in either,fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and payment is due upon receipt of invoice. Client shall notify Consultant in writing, at the address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older.Client agrees to pay all collection-related costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to determine whether federal,state,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing wages,including the payment of any fines or penalties. 5. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who have executed Consultant's reliance agreement,subject to the prior approval of Consultant and Client. 6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY,INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims, losses,damages, and expenses to the extent such claims, losses,damages,or expenses are legally determined to be caused by their negligent acts,errors,or omissions. In the event such claims,losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party,and no duty to defend is hereby created by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s)or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project. S. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Insurance. Consultant represents that it now carries, and will continue to carry: (i)workers'compensation insurance in accordance with the laws of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii) commercial general liability insurance($1,000,000 occ/$2,000,000 agg); (iii)automobile liability insurance($1,000,000 B.I. and P.D. combined single limit); and (iv) professional liability insurance($1,000,000 claim/agg). Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage. Page 1 of 2 Rev.3-20 Irerracon- Reference Number:P13215038 10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered, independent,and reputable engineer, architect,or geologist that Consultant has violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to Iowa law. 12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits, or other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in the Services. 13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to reduce-not eliminate-project risk.Client shall cause all tests and inspections of the site,materials,and Services performed by Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal,Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its work,or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services.The quantities,when given, are estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost. 14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing procedures(unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials("Affected Materials") at or near the site, and shall immediately transmit new, updated,or revised information as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultants performance of Services hereunder, or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. 15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files shall be maintained in general accordance with Consultant's document retention policies and practices. 16. Utilities.Unless otherwise stated in the Proposal,Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked,including by a utility locate service,or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement.Consultant will be responsible for supervision and site safety measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's contractors, subcontractors, or other parties present at the site. In addition, Consultant retains the right to stop work without penalty at any time Consultant believes it is in the best interests of Consultant's employees or subcontractors to do so in order to reduce the risk of exposure to the coronavirus. Client agrees it will respond quickly to all requests for information made by Consultant related to Consultant's pre-task planning and risk assessment processes. Client acknowledges its responsibility for notifying Consultant of any circumstances that present a risk of exposure to the coronavirus or individuals who have tested positive for COVID-19 or are self-quarantining due to exhibiting symptoms associated with the coronavirus. Consultant: Terracon Consultants, Inc. Client: City of Waterloo IA By: te: 5/10/2021 By: Date: Name/Title: J• ion P. Heinz/Depart ent Manager/ Name/Title: Geotechnical Services Address: 3105 Capital Way, Ste 5 Address: 715 Mulberry St Cedar Falls, IA 50613-7030 Waterloo, IA 50703-5714 Phone: (319) 277-4016 Fax: (319) 277-4320 Phone: Fax: Email: Jason.Heinz@terracon.com Email: Page 2 of 2 Rev.3-20 Proposal for Subsurface Exploration Services FY 2022 Lake Street Rise Project Waterloo, Iowa May 10, 2021 Terracon Revised Proposal No. P13215038R1 EXHIBIT A - PROJECT UNDERSTANDING Our Scope of Services is based on our understanding of the project as described by Mr. Schindel and the expected site conditions described below. Aspects of the project, undefined or assumed, are highlighted below. Site Location and Anticipated Conditions Item Description The project is located on the east side of Leversee Road and extends about 1,275 feet north, about 640 feet south, and 1,020 feet east from the Site Location intersection of Leversee Road and East Lake Street, in Waterloo, Iowa. Latitude: 42.5571', Longitude: -92.4127° Existing Improvements None anticipated Current Ground Cover Crop residue. We assume the fields will not be planted this year. Based on the publicly available 24k USGS topographic maps, site grades Existing Topography generally slope towards the southwest corner and the eastern edge of the site Planned Construction Item Description General Further development is planned at the site. Development will include the Project Description construction of storm water retention ponds with bottoms about 9 to 10 feet below existing grades. Responsive ■ Resourceful ■ Reliable EXHIBITA-PROJECTUNDERSTANDING 1 of Page 498 of 610 Proposal for Subsurface Exploration Services FY 2022 Lake Street Rise Project Waterloo, Iowa F7 May 10, 2021 Terracon Revised Proposal No. P13215038R1 EXHIBIT B - SCOPE OF SERVICES As requested ,our proposed Scope of Services consists of field exploration, laboratory testing, and engineering/project delivery. These services are described in the following sections. Field Exploration Subsurface Exploration: requested the following boring locations and depths: Number of Borings Estimated Boring Depth (feet) Planned Area 6 15 General Site Borings 2 15 Detention Ponds 1. Below ground surface. Boring Layout: We understand the City of Waterloo will stake the boring locations and provide surface elevations to Terracon prior to our field exploration. Subsurface Exploration Procedures: We will advance the borings with a track-mounted, rotary drill rig. Sampling will be performed at intervals of 5 feet in each boring. Soil sampling will be performed using split-barrel sampling procedures. Disturbed samples will also be obtained from the flight of the augers. The exploration team will observe and record groundwater levels during and immediately after drilling and sampling. Terracon's exploration team will prepare field boring logs as part of standard drilling operations. The field logs will include sampling interval depths, penetration resistances, groundwater level observations, and other relevant drilling and sampling information. Our field logs will also include visual descriptions of materials encountered during drilling and the exploration team's interpretation of subsurface conditions between samples. The samples will be containerized and transported to our laboratory for further classification. Property Disturbance: We will backfill our boreholes with auger cuttings upon completion. Our services do not include repair of the sites beyond backfilling our boreholes. Any, excess auger cuttings will be dispersed in the general vicinity of the borehole. Because backfill material often settles below the surface after a period, we recommend boreholes to be periodically checked and backfilled, if necessary. We can provide this service or grout the boreholes for additional fees, at your request. Our Scope of Services does not include services associated with site clearing, wet ground conditions, or repair of damage to existing landscape or crops. If such services are desired by the owner/client, we should be notified so we can adjust our Scope of Services. If borings are performed when crops are planted, a crop damage agreement should be established between The City of Waterloo and crop owner(s) prior to subsurface exploration. Responsive ■ Resourceful ■ Reliable EXHIBIT B-SCOPE OF SERVICES 1 of 3 Page 499 of 610 Proposal for Subsurface Exploration Services Irerracon FY 2022 Lake Street Rise Project Waterloo, Iowa May 10, 2021 Terracon Revised Proposal No. P13215038R1 Laboratory Testing Laboratory testing will include water content testing of each sample obtained and visual classifications of the recovered samples by an engineer or geologist in general accordance with the Unified Soil Classification System (USCS). In addition, two (2) hydrometer and sieve analysis tests will be performed on samples obtained from the borings performed in the detention pond areas. Safety Terracon is currently not aware of environmental concerns at this project site that would create health or safety hazards associated with our field exploration program. Thus, our estimated fee includes our exploration team using standard Personal Protection Equipment (PPE) for geotechnical drilling including hard hats, safety glasses, gloves, and steel-toed boots. Our scope of services does not include environmental site assessment services, but identification of unusual or unnatural materials encountered while drilling and/or sampling will be noted on our logs and discussed in our report. Terracon notifies Iowa One Call to request location and marking of public utilities at least 48 hours prior to performing borings/excavations. We consult with the owner/client regarding potential private utilities, or other underground hazards. Based on the results of this consultation, we consider the need for alternative subsurface exploration methods, as the safety of our exploration team members is a priority. Any private utilities should be marked by the owner/client prior to commencement of subsurface exploration. Terracon will not be responsible for damage to utilities that are incorrectly marked or not made aware to us. If the owner/client is not able to accurately locate private utilities, Terracon can assist the owner/client by coordinating or subcontracting with a private utility locating service. Fees associated with location and marking of private utilities are considered additional services and are not included in our current scope of services. Subsurface Exploration Report Upon completion of the field and laboratory services, a subsurface exploration report will be prepared by or under the supervision of a civil/geotechnical engineer licensed by the State of Iowa. The Subsurface Report will include the following: Computer-generated boring logs with soil stratifications based on visual soil classifications, laboratory test results, and water levels observed during and after drilling operations Site Location and Exploration Plan Subsurface exploration procedures General project description Summaries of site and soil conditions Responsive ■ Resourceful ■ Reliable EXHIBIT B-SCOPE OF SERVICES 2 of 3 Page 500 of 610 Proposal for Subsurface Exploration Services Irerracon FY 2022 Lake Street Rise Project Waterloo, Iowa May 10, 2021 Terracon Revised Proposal No. P13215O38R1 Groundwater conditions Estimated subgrade infiltration rates Your project will be delivered using our GeoReport system. Upon initiation, we provide you and your design team the necessary link to access the website. Each project includes a calendar to track the schedule, an interactive site map, a listing of team members, and access to the project documents as they are uploaded to the site. When services are complete, we upload a `pdf' file of the report. Any previous submittals, collaboration, and the report are maintained in our system. This allows future reference and integration into subsequent aspects the project. Responsive ■ Resourceful ■ Reliable EXHIBIT B-SCOPE OF SERVICES 3 of 3 Page 501 of 610 Proposal for Subsurface Exploration Services rerrac FY 2022 Lake Street Rise Project Waterloo, Iowa May 10, 2021 Terracon Revised Proposal No. P13215038R1 EXHIBIT C - COMPENSATION AND PROJECT SCHEDULE Compensation Based upon our understanding of the site and the project as summarized in Exhibit A, and our planned Scope of Services outlined in Exhibit B, our estimated unit price fee is $4,600 to $5,000. Our fee will be based on actual services performed in accordance to the unit price fees summarized in the following table: FY 2022 Lake Street Rise Project DESCRIPTION QUANTITY I UNIT I UNIT PRICE _EXTENSION FIELD SERVICES Perform 8 borings to a max depth of about 15 feet Mobilization/Demobilization 1 1 lump $400.00 $ 400.00 400.00 Drill Rig&Support Equipment 1 1 day $650.00 $ 650.00 650.00 Drilling and Sampling (0-20 ft.) 120 - 120 foot $11.00 $ 1,320.00 1,320.00 Drilling and Sampling(20-40 ft.) 0 0 foot $12.00 $ - - Borehole Backfilling 60 80 foot $2.00 $ 120.00 160.00 Drilling Supervisor 1.0 - 1.0 hour $90.00 1 $ 90.00 90.00 Subtotal $ 2,580.00 2,620.00 ESTIMATED FIELD SERVICES SUBTOTAL $ 2,600.00 to $ 2,600.00 Project Coordination,Laboratory Classifications/Testing,Data Reduction,and LABORATORY AND ENGINEERING SERVICES Engineering Evaluation and Report Preparation Senior Geotechnical Engineer,P.E. 1.5 - 2.0 hour $150.00 $ 225.00 $ 300.00 Project Engineer/Manager 6.0 - 7.0 hour $125.00 $ 750.00 $ 875.00 Laboratory Technician 10.0 - 12.0 hour $90.00 $ 900.00 $ 1080.00 Administration and Secretarial Services 2.0 - 2.5 hour $50.00 $ 100.00 $ 125.00 Subtotal $ 1,975.00 $ 2380.00 ESTIMATED ENGINEERING SERVICES SUBTOTAL $ 2,000.00 to $ 2,400.00 ESTIMATED TOTAL FOR SCOPE OF SERVICES T $ 4,600.00 to $ 5,000.00 Unless instructed otherwise, we will submit our invoice to the address shown at the beginning of this proposal. If conditions are encountered that require Scope of Services revisions and/or result in higher fees,we will contact you for approval, prior to initiating services.A supplemental proposal stating the modified Scope of Services as well as its effect on our fee will be prepared. We will not proceed without your authorization. Project Schedule Provided that authorization to proceed is given the business day following the May 17th, 2021 City Council meeting, Terracon will be able to provide preliminary information by June 1St, 2021. We anticipate performing the field work within about 5 days after receiving authorization to proceed. The field work will take 1 day to perform, and the report will be submitted about 10 days after completion of the field work. Responsive ■ Resourceful ■ Reliable EXHIBIT C-COMPENSATION AND PROJECT SCHEDULE 1 Page 502 of 610 EXHIBIT D-SITE Lnr4TION Irerracon FY 2022 Lake Street Rise Project■Waterloo, Iowa May 10, 2021 Terracon Revised Proposal No. P13215038R1 lull, RL --� _ T f LFA '7 i 1• t W i r 1 4 - t... I 1 rfi� *'` k - r . 1 r f - - DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES MAP PROVIDED BY MICROSOFT BING MAPS Page 503 of 610 EXHIBIT E-ANTICIPATED EXPLORQTinN P1 4N Irerracon FY 2022 Lake Street Rise Project Waterloo, Iowa May 10, 2021 Terracon Revised Proposal No. P13215038R1 s SCALE:1' 2C<Y HOR LEGEND: 541E BDd21HC LDCAT11OM5(9 E0.F PERCULATH7N TEST 47 EA) ` PROJECT SCOPE: THE CITY CIF WATERLOO IS LUCKING TO LATHER SUE INFORMAT'3GM FOR THE 13EVELDFWEPJT CF WARP ZNEI ADDITION WE ARE REQUESTING THAT TERF AC43N ORTAIN SDIL BORINGS AND PERCOLATION TESTS TO AID IN THE OESgN PRUCGE55 THE CfT'S'❑F WATERLOO lYJLi PROVIDE LOC14T40N5 VIA STAKES AND ELEVAT..IONS 7OR PERGOL5T7ON TESTS.TERRACON—B,E F SPCINE 13LE FOR EXCAVATING TO THE CORRECT ELELEVATMN i THE CITY OF WATERLDDriYl PLAN FOR THE AGREEMENT TO 139 y ON CDUNC.L VIAY 17TH VATH WORK BEING COMPLETED BY JWNE I PLEASE SUBMIT A U1JI0TE TO MATT SCHSNOEL 4 EMAIL.MATr.SCHINDELQWATERLCO440R(3 CELL PHONE:f319)93-}51177 y I �I '-ATE PLO—L,.R-NE RAi_ -K Ar D!* -h �r DIAGRAM IS FOR GENERAL LOCATION ONLY,AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES SOIL BORING PLAN PROVIDED BY CITY OF WATERLOO Page 504 of 610 CITY OF WATERLOO Council Communication Resolution approving an Access Agreement to City owned Property for the purposes of MidAmerican Energy installing a monitoring well on city owned property required as part of the assessment and cleanup of the Waterloo Coal Gas site being conducted under the oversight of the United States Environmental Protection Agency, and authorizing the Mayor to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Access Agreement Request Monitoring Well MW-218 Cover Memo Resolution approving an Access Agreement to City owned Property for the purposes of MidAmerican Energy installing a monitoring well on city owned SUBJECT: property required as part of the assessment and cleanup of the Waterloo Coal Gas site being conducted under the oversight of the United States Environmental Protection Agency, and authorizing the Mayor to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval On behalf of MidAmerican Energy Company(MidAmerican), GHD is requesting an agreement to allow entry to property for installation and sampling of a monitoring well on property owned by the City of Waterloo. This proposed monitoring well is required as part of the assessment and cleanup of the Waterloo Coal Gas site being conducted under the oversight of the United States Environmental Summary Statement: Protection Agency. This request pertains to parcel number 8913-25-261-019 with the intent of installing and sampling a flush mount monitoring well(MW- 218). We anticipate the monitoring well will be installed within approximately two weeks of obtaining your approval, pending availability of the drilling contractor. Included with this letter, you will find an access agreement and a map with the location of interest marked. Prior to conducting the work, utilities will be located through Iowa One Call. Expenditure Required: None Source of Funds: N/A Policy Issue: Environmental Assessment and Cleanup Page 505 of 610 PMR howo April 29, 2021 Reference No. 11215105 Mr. Chris Western City of Waterloo Engineering Department 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Western: Re: Access Agreement Request Monitoring Well MW-218 On behalf of MidAmerican Energy Company (MidAmerican), GHD is requesting an agreement to allow entry to property for installation and sampling of a monitoring well on property owned by the City of Waterloo. This proposed monitoring well is required as part of the assessment and cleanup of the Waterloo Coal Gas site being conducted under the oversight of the United States Environmental Protection Agency. This request pertains to parcel number 8913-25-261-019 with the intent of installing and sampling a flushmount monitoring well (MW-218). We anticipate the monitoring well will be installed within approximately two weeks of obtaining your approval, pending availability of the drilling contractor. Included with this letter, you will find an access agreement and a map with the location of interest marked. Prior to conducting the work, utilities will be located through Iowa One Call. If you have any questions or need additional information, please contact Ms. Jenny Coughlin of MidAmerican at 515-281-2344 or me at 515-414-3935. Sincerely, GHD A Kevin G. Armstrong, C.P.G., P. P. KA/7 Encl. cc: Jenny Coughlin, MidAmerican Energy Company GHD [SD 9�D1 11228 Aurora Avenue Des Moines Iowa 50322 7905 USA T 515 414 3933 F 515 414 3943 W www.ghd.com Page 506 of 610 AGREEMENT TO ALLOW ENTRY TO PROPERTY FOR ENVIRONMENTAL INVESTIGATION RIGHT OF ENTRY TO PREMISES City of Waterloo ("Owner") to the extent of ownership interest in the property described below, does consent and authorize MidAmerican Energy Company, ("MidAmerican"), an Iowa corporation, and/or its employees, contractors or subcontractors to enter the following described property: Parcel ID: 8913-25-261-019 Property identified in attached figure 1 for the purpose of conducting an environmental investigation. PURPOSE OF INVESTIGATION This investigation is to conduct, consistent with the technical requirements of the rules and regulations of the Environmental Protection Agency and the Iowa Department of Natural Resources, a Site Investigation at the Site. The purpose of the investigation is to collect soil and groundwater samples and to conduct information-gathering necessary to determine and identify the existence of hazardous substances, pollutants, and contaminants in the property that may have resulted from prior manufactured gas plant operations. Additionally, the investigation may require, the installation of monitoring well(s), water sampling, and the temporary storage of soil cuttings, wastewater, or similar materials on the site. The Owner may designate a representative to accompany MidAmerican personnel while on the site, and the representative(s) will be furnished with a list of the samples collected on the property by MidAmerican. A copy of the final report of the Site Investigation by MidAmerican will be furnished to the Owner upon request. TERM OF AGREEMENT This agreement shall be effective upon the date of execution by the parties, and shall continue through December 31, 2031, and thereafter shall be renewable for one year periods on the mutual written agreement of the parties. ACCESS TO PREMISES MidAmerican will conduct the environmental investigation in a manner that will minimize any disturbance to the operations of the Owner. MidAmerican will provide advance notice to the Owner, at least 5 days before the tests or similar work is to be conducted upon the property. The Owner may waive the 5-day advance notice period at its discretion. In the event that the MidAmerican proposed work schedule may conflict with the Owner's regular activities, the Owner shall promptly notify MidAmerican. MidAmerican will endeavor to change its Work Plans to resolve such conflict. 1 Page 507 of 610 In the unlikely event that modifications to the Work Plans could not be made consistent with the purpose of the environmental investigation, and to the satisfaction of the Owner, MidAmerican will conclude its activity under this agreement. The tests to be conducted under the Work Plan may be conducted by MidAmerican, or by use of one or more commercial contractors, under MidAmerican bidding procedures. The Owner shall be provided with the schedule issued to the contractor(s) for on-site work, or changes to the schedule, in a timely manner. The anticipated on-site work involving the contractor(s), for the property covered by this agreement will be scheduled to commence after May 10, 2021. The actual date(s) of any work to be conducted on the property covered by this agreement will be coordinated with the Owner. The site investigation work may be conducted in phases, over the term of this agreement. OBLIGATIONS OF MIDAMERICAN MidAmerican agrees to use appropriate safety measures while sampling activity is ongoing. MidAmerican shall arrange for or perform all necessary locates before beginning work. All activities will be in compliance with relevant laws and statutes. MidAmerican will provide the Owner with the results of the analysis of all samples taken pursuant to the terms of this agreement. All contractor expenses shall be the responsibility of MidAmerican. MidAmerican will not assume any direct or indirect investigation related costs of the Owner. AGENCY PARTICIPATION The Owner shall permit Iowa Department of Natural Resources personnel and/or Environmental Protection Agency personnel to have access to the property for the purpose of observing the activities of MidAmerican in collecting samples. The agencies shall also be entitled to representative samples collected by MidAmerican. All work-papers, logs, test results and reports prepared by or at the direction of MidAmerican may be provided to the agencies, and to the Owner,upon request. MidAmerican has requested the technical assistance of the Environmental Protection Agency and Iowa DNR, in their review of proposed work plans, and their oversight on the related environmental issues. MidAmerican does not have, nor does it represent that it has any authority to make statements, representations or commitments of any kind or take any action which would be binding upon the Environmental Protection Agency or Iowa DNR. RESTORATION OF PROPERTY MidAmerican agrees that in performing the investigation described herein, all material and equipment utilized by MidAmerican or its contractors shall be removed from said property upon the completion of the activities authorized by this Agreement, and that the property shall be restored as nearly as practicable to its original condition as found immediately preceding the beginning of the activities authorized by this agreement. This shall include the proper removal of monitoring well(s) at MidAmerican's cost; Owner shall provide MidAmerican 30 days notice prior to requiring removal of the well. 2 Page 508 of 610 INDEMNIFICATION MidAmerican agrees to assume any and all risk of damage, loss or destruction to any of its property brought onto the property, no matter how such damage, loss or destruction shall occur. MidAmerican further agrees to indemnify and hold harmless the Owner from any claim, loss, damage or liability arising out of MidAmerican's use of the property under this agreement. DENIAL OF LIABILITY This agreement shall not constitute, be interpreted, construed or used as evidence of any admission of liability, law or fact, a waiver of any right of defense, nor an estoppel against any party or by any other person not a party. However, this agreement can be used to enforce the terms of this agreement. WHEREFORE, the parties have executed this agreement on the date entered below. Signature: By: Title: Date: MidAmerican Energy Company Signature: By: Timothy Whipple Title: Vice President and General Counsel Date: 3 Page 509 of 610 Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 913-25-261-019 Deed Holder: ITY OF WATERLOO AIN ilk Selected pa rceltllm A p.I Features roadname_ �' f _ hocpiGl penal PhM.. - rr airport 131-1,Hawk Co. L Rredept �Pkns {l nallroads Townships -- �; Sections Water n Parcels nights -Way Township City Lines F' railroad dim ONna oaddm Approximate Area of wa�rname_ Requested Access for MW-218 Map cmMadwilhAmIMS-Ca"rrghiiCI1992-2001M- 4Ino ;r. + Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street 3ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 -ecords,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more E-mail:auditor co.black-hawk.ia.us.ordetailed legal information. Page 510 of 610 http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 3/21/2021 CITY OF WATERLOO Council Communication Resolution approving an amendment to the Professional Services Contract with HR Green Inc., for environmental work at 120 Center Street, to raise the maximum limit of work to $12,450, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Amendment to HR Green Backup Material Resolution approving an amendment to the Professional Services Contract SUBJECT: with HR Green Inc., for environmental work at 120 Center Street, to raise the maximum limit of work to $12,450, and authorizing the Mayor and City Clerk to execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve amendment The City has been working with HR Green on the demolition at 120 Center Summary Statement: Street. As a part of the demolition process, high PH levels were detected in a substance at the site, and they are assisting the City in ways to properly dispose of the material. Expenditure Required: Raise original contract from$2,450 to $12,450 due to additional work with substance disposal. Source of Funds: Nuisance bonds and TIF Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve The City obtained the 120 Center Street building, a former welding shop, meth lab, etc. over the years through the 657A process for redevelopment. The City has entered into a Development Agreement with B & B Lawn Care for expansion of their abutting business to west when demolition is complete. The City has demolished portions of the building, but is working on proper removal of the substance. The substance has a PH level slightly higher than Background Information: what the Black Hawk County Landfill would allow. Looking at alternatives with the demolition contractor, potential alternate sites in Colorado or Illinois could have added over$900,000 to the demolition costs. The City has hired Page 511 of 610 HR Green to find alternatives within reason for the disposal. Current potentials are a mixture for lowering the PH levels or potential land application of the substances after further testing. This contract amendment will allow our continued work with HR Green for alternatives and their expertise in the matter. Legal Descriptions: NA Page 512 of 610 HRGreen® HR GREEN, INC. PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 THIS AMENDMENT, made this 19th day of April, 2021 by and between, City of Waterloo the CLIENT, and HR GREEN, INC. (hereafter "COMPANY'), for professional services concerning: 120 Center Street Landfill Disposal Sampling hereby amends the original Professional Services Agreement dated November 13, 2020 as follows: The CLIENT and COMPANY agree to amend the Scope of Services of the original Professional Services Agreement and previous amendments as follows: COMPANY completed sample collection at 120 Center Street per the approach approved by the Black Hawk County Solid Waste/Resource Recovery Administrator. Amendment sample collection was completed by COMPANY at varying ratios with mulch provided by the CLIENT and collected samples for analysis of pH. COMPANY provided analytical report to CLIENT upon receipt from the laboratory. COMPANY participated in meetings with CLIENT and the Black Hawk County Solid Waste/Resource Recovery Administrator to determine the appropriate sampling approach for local disposal determination and discuss analytical results. Additionally, COMPANY participated in meetings with CLIENT. Additional items in this scope include the collection of additional samples pH and land application purposes. Sample analysis will include the following analysis: pH, arsenic, cadmium, chromium, lead, selenium, calcium, copper, magnesium, molybdenum, nickel, potassium, zinc, mercury, PCBs, total phosphorus, ammonia, nitrate, total nitrogen, TKN, nitrate and nitrite, and effective calcium carbonate equivalent. COMPANY Project Number: 201524 The CLIENT and COMPANY agree to amend other provisions of the original Professional Services Agreement and previous amendments as follows: N/A In consideration for these services, the CLIENT AGREES to adjust the payment for services performed by COMPANY on the following basis: ❑ Per current rate schedule with an estimated fee to be increased by ten thousand Dollars ($ 10,000) The total authorized compensation after this Amendment, including the original Professional Services Agreement and all previous Amendments, is twelve thousand four hundred fifty Dollars ($ 12,450) THIS AMENDMENT is subject to all provisions of the original Professional Services Agreement. THIS AMENDMENT, together with the original Professional Services Agreement and all previous Version2.0 12172018 Page 513 of 610 Amendment 1 to Professional Services Agreement 120 Center Street Landfill Disposal Sampling 201524 Page 2 of 2 HRGreen. amendments represents the entire and integrated AGREEMENT between the CLIENT and COMPANY. THIS AMENDMENT executed the day and year written above. City of Waterloo HR GREEN, INC. Digitally signed by James E.Halverson James E. Halverson DN,=US,S,Midst @hryre esE al—o,HR reen, Inc.",OU 1,04,Midwest,3-0 James E.Halverson Data:2ort.oa2t 11 04 By: Quentin Hart, Mayor By: Jim Halverson, Vice President Version1.0 07012017 Page 514 of 610 CITY OF WATERLOO Council Communication Resolution approving the request by the Waterloo Veterans Memorial Hall Commission to rename Cedar Street from West 4th Street to West 5th Street to Courbat Court. City Council Meeting: 5/17/2021 Prepared:2/3/2021 ATTACHMENTS: Description Type ❑ Council Packet Backup Material ❑ Aerial Backup Material Resolution approving the request by the Waterloo Veterans Memorial Hall SUBJECT: Commission to rename Cedar Street from West 4th Street to West 5th Street to Courbat Court. Submitted by: Submitted By:Aric Schroeder, City Planner Recommended Action: Approval. The applicant is requesting to rename a portion of Cedar Street to Courbat Summary Statement: Court. The Planning and Zoning Commission will review the request at their regular meeting on May 11th, and their recommendation will be forwarded. Expenditure Required: None. Source of Funds: n/a Policy Issue: Street naming The request would not appear to have a negative impact upon the surrounding neighborhood. The request would not appear to have a negative impact upon the pedestrian and traffic conditions. There is sidewalks located on the north side of the street and sidewalks along the surrounding streets. The surrounding land use is commercial. The property in question is zoned "C-3" Central Business District and has been zoned as such the adoption of the zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: Southeast— Commercial buildings zoned "C-3" Central Business District. Southwest—Parking Structure zoned "C-3" Central Business District. Northwest— River Plaza Athletic Club and the Cedar River zoned "C-3" Central Business District and "A-1"Agricultural District. Northeast— Veteran's Memorial Hall and the Cedar River zoned "C-3" Central Business District and "A-1"Agricultural District. This request would not require any additional buffers and screening. The area is made up of commercial uses built between 1915 and 1966. Page 515 of 610 The property in question is located in Zone X:Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. Irving Elementary School is located 0.77 miles to the southwest, George Background Information: Washington Carver Academy is located 1.84 miles to the north, and East High School is located 0.68 miles to the northeast. Reed Park is located to the north of Park Avenue. There is 12"and 36" Sanitary Sewer Lines located in a portion of Cedar Street. There is also storm sewer located in a portion of Cedar Street near West 5th Street and another storm sewer line that crosses Cedar Street just southeast of West 4th Street. The Future Land Use Map designates this area as Commercial, and the proposed request would be in conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. The applicant is requesting to rename a one block little used section of Cedar Street from West 4th Street to West 5th Street to Courbat Court. The request is to remember an original member of the Veterans Memorial Hall Commission who had served in World War 2 in the Arany Medical Corps. The only building addressed on this section of Cedar Street is the Veterans Memorial Hat No subdividing of land is required for this request. Therefore, staff recommends that the street naming be approved for the following reason(s): 1. The Engineering Department has reviewed the request and concurs with the renaming Cedar Street to Courbat Court, as it does not conflict with any other street names and recommends approval. Page 516 of 610 May 11,2021 REQUEST: Request by the Waterloo Veterans Memorial Hall Commission to rename Cedar Street from West 4t" Street to West 5t" Street to Courbat Court. APPLICANT(S): Waterloo Veterans Memorial Hall Commission, GENERAL The applicant is requesting to rename a portion of Cedar DESCRIPTION: Street to Courbat Court. IMPACT ON The request would not appear to have a negative impact upon NEIGHBORHOOD: the surrounding neighborhood. VEHICULAR & The request would not appear to have a negative impact upon PEDESTRIAN the pedestrian and traffic conditions. TRAFFIC CONDITIONS: RELATIONSHIP TO There is sidewalks located on the north side of the street and RECREATIONAL sidewalks along the surrounding streets. TRAIL PLAN: SURROUNDING The surrounding land use is commercial. LAND USE: ZONING HISTORY The property in question is zoned "C-3" Central Business FOR SITE AND District and has been zoned as such the adoption of the IMMEDIATE VICINITY: zoning ordinance in 1969. Surrounding land uses and their zoning are as follows: Southeast — Commercial buildings zoned "C-3" Central Business District. Southwest — Parking Structure zoned "C-3" Central Business District. Northwest — River Plaza Athletic Club and the Cedar River zoned "C-3" Central Business District and "A-1"Agricultural District. Northeast — Veteran's Memorial Hall and the Cedar River zoned "C-3" Central Business District and "A-1"Agricultural District. BUFFERS This request would not require any additional buffers and REQUIRED/ NEEDED: screening. DEVELOPMENT The area is made up of commercial uses built between 1915 HISTORY: and 1966. FLOODPLAIN: The property in question is located in Zone X: Protected by Levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN Irving Elementary School is located 0.77 miles to the SPACES/ SCHOOLS: southwest, George Washington Carver Academy is located 1.84 miles to the north, and East High School is located 0.68 05.11.21 —rename Cedar Street Page 1 of 2 Page 517 of 610 May 11,2021 miles to the northeast. Reed Park is located to the north of Park Avenue. UTILITIES: WATER, There is 12" and 36" Sanitary Sewer Lines located in a portion SANITARY SEWER, of Cedar Street. There is also storm sewer located in a portion STORM SEWER, of Cedar Street near West 5t" Street and another storm sewer ETC. line that crosses Cedar Street just southeast of West 4t" Street. RELATIONSHIP TO The Future Land Use Map designates this area as COMPREHENSIVE Commercial, and the proposed request would be in LAND USE PLAN: conformance with the Future Land Use Map and Comprehensive Plan for this area, and this area is located within the Primary Growth Area. STAFF ANALYSIS — The applicant is requesting to rename a one block little used ZONING section of Cedar Street from West 4t" Street to West 5t" Street ORDINANCE: to Courbat Court. The request is to remember an original member of the Veterans Memorial Hall Commission who had served in World War 2 in the Army Medical Corps. The only building addressed on this section of Cedar Street is the Veterans Memorial Hall. STAFF ANALYSIS — No subdividing of land is required for this request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the street naming be RECOMMENDATION: approved for the following reason(s)- 1. The Engineering Department has reviewed the request and concurs with the renaming Cedar Street to Courbat Court, as it does not conflict with any other street names and recommends approval. 05.11.21 —rename Cedar Street Page 2 of 2 Page 518 of 610 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 a� (Ill: Frq@ -,■ • - //�:- ' V �'�■ '1111111 !I1� � -- = � :-�'s`,,,•.. ••;,�� - ;11111:E � � �- � •.%•��.��.:� � .��-.� ■i 11111 =.,,,. ,J••.. ���'.- � � �1.1111 �.-1.... .. _ �� ��♦,♦�'�� .� ♦j~�,,,,�I �= - =11111 �� ` I � � may♦ ♦ � �i� - �_ =loll_ 111010 r ON . �• ♦ .♦ . — — - ♦i ��i\��� '.•°�♦ ' �♦,,���,�♦ry.. 1111: :dill Illi :1 `� ��.,�� �.°.�,♦`� ''- �' . . 1 ., :� �\ �i♦ �,� wm m 0� 111: :'l11!III�o� J ♦�i ��� � � I .. ii•► � -111. _, IIIIIi� 1111 �� D//� ,' ° ♦� 111111151 _11111 ���. ♦ �� ♦o ♦ I♦ I,' ., ♦. ., OR ;1111. � ,•�, ♦ `�� \♦ �'��� r � �plr.'.,t!�o oi�� ' �_ - IIIIIII/���,w� '. �� •�♦ � � �♦ .;' � ♦ � 111 ... ♦ O � � � .. ♦ I ♦♦ � .moi ��, • , �i ����°,p0��•� �♦� ♦ ♦ ♦j,♦ �� SOON ''Y\o'' �♦/� � 111 ���� '�i�r�`�� ♦�,♦♦,�� '��♦ ��,�i ♦w� IIS �� II�` ION 04 ♦ I�!I • , ♦ . �' ,may '� o I�� .�I/�'' Vj ./��� •���j�6 ♦fit•,,♦��j�♦ ����I�. •y��\��►j�, - ,<��,� ��� �I , I��I� ��I Oj��� � - . �•p�A. /..'II'♦ ��',,•� � .�♦� !�I ♦ .� I♦ VII. ♦�♦ ♦� ♦� I ♦ �, //gip• �,� ��� �� til ♦ �i �I�o �,-;\♦I��I �� ♦�• ��I ♦I♦ ��I � � Vol �� %O .,, � �� I�.. �I .��= == == ��, ♦ ♦♦ '♦� I� III II ♦♦ ,� �� ♦ • .1 :�► � ��j� �i ��I� �I/SII• �� __ _I= =—ill♦♦♦♦♦,�� I ♦ ♦j � ' __,_ ___ �___ .n I. �'-_ - I♦�� ��IIIII' - 1111 --_ -_ � ♦♦♦��`\ ♦♦��♦♦�� -- - - - == lII non need ... •••••• .-r - -111 111- N1= 11111111 11111 'EffiffIII11111111 111111III 1111 - 1111 111111111111 1111111111■ I■ 11 .� S Cedar Street Renaming Veterans Memorial Hall CommissionT G� m �dtN/'I00 `OSS Page 519 of 610 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 a� (Ill: Frq@ -,■ • - //�:- ' V �'�■ '1111111 !I1� � -- = � :-�'s`,,,•.. ••;,�� - ;11111:E � � �- � •.%•��.��.:� � .��-.� ■i 11111 =.,,,. ,J••.. ���'.- � � �1.1111 �.-1.... .. _ �� ��♦,♦�'�� .� ♦j~�,,,,�I �= - =11111 �� ` I � � may♦ ♦ � �i� - �_ =loll_ 111010 r ON . �• ♦ .♦ . — — - ♦i ��i\��� '.•°�♦ ' �♦,,���,�♦ry.. 1111: :dill Illi :1 `� ��.,�� �.°.�,♦`� ''- �' . . 1 ., :� �\ �i♦ �,� wm m 0� 111: :'l11!III�o� J ♦�i ��� � � I .. ii•► � -111. _, IIIIIi� 1111 �� D//� ,' ° ♦� 111111151 _11111 ���. ♦ �� ♦o ♦ I♦ I,' ., ♦. ., OR ;1111. � ,•�, ♦ `�� \♦ �'��� r � �plr.'.,t!�o oi�� ' �_ - IIIIIII/���,w� '. �� •�♦ � � �♦ .;' � ♦ � 111 ... ♦ O � � � .. ♦ I ♦♦ � .moi ��, • , �i ����°,p0��•� �♦� ♦ ♦ ♦j,♦ �� SOON ''Y\o'' �♦/� � 111 ���� '�i�r�`�� ♦�,♦♦,�� '��♦ ��,�i ♦w� IIS �� II�` ION 04 ♦ I�!I • , ♦ . �' ,may '� o I�� .�I/�'' Vj ./��� •���j�6 ♦fit•,,♦��j�♦ ����I�. •y��\��►j�, - ,<��,� ��� �I , I��I� ��I Oj��� � - . �•p�A. /..'II'♦ ��',,•� � .�♦� !�I ♦ .� I♦ VII. ♦�♦ ♦� ♦� I ♦ �, //gip• �,� ��� �� til ♦ �i �I�o �,-;\♦I��I �� ♦�• ��I ♦I♦ ��I � � Vol �� %O .,, � �� I�.. �I .��= == == ��, ♦ ♦♦ '♦� I� III II ♦♦ ,� �� ♦ • .1 :�► � ��j� �i ��I� �I/SII• �� __ _I= =—ill♦♦♦♦♦,�� I ♦ ♦j � ' __,_ ___ �___ .n I. �'-_ - I♦�� ��IIIII' - 1111 --_ -_ � ♦♦♦��`\ ♦♦��♦♦�� -- - - - == lII non need ... •••••• .-r - -111 111- N1= 11111111 11111 'EffiffIII11111111 111111III 1111 - 1111 111111111111 1111111111■ I■ 11 .� S Cedar Street Renaming Veterans Memorial Hall CommissionT G� m �dtN/'I00 `OSS Page 520 of 610 CITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. Waterloo,IA 50703 •Phone(319)291-4312•Fax(319)291-4262 Email:citv.engineer@waterloo-ia.org • JAMIE KNUTSON,PE • City Engineer April 30, 2021 QUENTIN HART Aric Schroeder City Planner COUNCIL City of Waterloo MEMBERS 715 Mulberry Street """""""""' Waterloo, IA 50703 MARGARET KLEIN RE: RENAMING PUBLIC CEDAR STREET BETWEEN W. 4TH STREET AND 9'ard I W. 5TH STREET TO COURBAT COURT. JONATHAN GRIEDER Dear Aric: Yl'ard 2 PATRICK The Engineering Department has received a request from the Veterans Memorial Hall MORRISSEY Commission to rename public Cedar Street between W. 4th Street and W. 5th Street to bI and 3 Courbat Court. This block of Cedar Street runs in front of Veterans Memorial Hall. The JERonly address that would need to be changed is Veterans Memorial Hall, from 655 Cedar AMOS,JR.OME Street to 655 Courbat Court. R"ard 9 This name change is requested to honor the memory of Marcia Courbat, a veteran of World RAY War II, who served in the Army Medical Corps. Marcia was a founding member of the FEUSS Women's Army Corps Veterans Association, #98, a commission member for 21 years of YY'ard 5 the Veterans Memorial Hall in Waterloo and was also the founder of the Military Walk of SHARON Fame at Veterans Memorial Hall. Marcia Courbat was invited by President Bill Clinton to JUON the White House during the dedication of the Women in Military Service to America At-Large Monument at the entrance to Arlington National Cemetery. DAVE BOESEN Therefore,the Engineering Department recommends that public Cedar Street, between W. At-Large 4th Street and W. 5th Street be renamed to Courbat Court. Sincerely, Jamie Knutson, PE City Engineer Cc: Steve Walker, Draftsman Greg Ahlhelm, Building Official WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 521 of 610 JAMIE KNUTSON From: Randy Miller <randy1dawn@aol.com> Sent: Monday, May 3, 2021 7:18 PM To: JAMIE KNUTSON Subject: Marcia Courbat street sign To whom it may concern, I am writing this request on behalf of Waterloo Veterans Memorial Hall Commission. The commission has recently voted unanimously at our monthly meeting to ask for a change of name of Cedar Street f rom West 4th. St. to West 5th. ST. in the f ront of Memorial Hall. The name to replace Cedar St is to honor the memory of Marcia Courbat, an original commission member. Marcia was truly a most patriotic veteran serving all veterans. I attempted to include her obituary as part of this request to show what a dedicated Waterloo resident that she was, but unfortunately I ' m not that tech savvy. The list is quit long. From being asked to visit President Page 522 of 610 Clinton in Washington DC to being in charge of with placing of flags on all veteran grave sites at the Waterloo Cemeteries during the Memorial Day week-end. She was doing this right up to her last few months of her life. Just to remarkable of a loving spirit to not be recognized for what she contributed to our community of veterans and city citizens of Waterloo. That of section of Cedar Street is being requested to be named Courbat Street. If there is any other information needed to make this street change a reality, please ask me. Thank you for your time and consideration. Randy Miller Waterloo Veterans Memorial Hall Commissioner 319-610-5213 z Page 523 of 610 https://wcfcourier.com/lifestyles/announcements/obituaries/marcia-m-courbat/article_3899dd95-0689-5673-b5a3- 23c01500e460.html Marcia M. Courbat Jan 20, 2021 HEROES AMONG US Marcia Courbat Military Hero arcia M. Courbat March 31, 1922-January 16, 2021 Marcia M. Courbat, 98, of Waterloo, died Saturday, January 16, at UnityPoint Health- Allen Hospital. Page 524 of 610 She was born March 31, 1922 in Frederika Township, daughter of Herbert and Frieda Piper Zickuhr. She married Dale Courbat November 23, 1950 in Tripoli. He died June 19, 2000. Marcia graduated from Frederika High School. She was a veteran of WWII, serving in the Army Medical Corps. She was employed with the A& P Grocery Store and John Deere Waterloo Tractor Works, retiring in 1983. She was a Life-time member of American Legion Post 138 and founding member of Women's Army Corps Veterans Association #98, a Commission member for 21 years of the Veteran's Memorial Hall in Waterloo, founder of the Military Walk of Fame at Waterloo Memorial Hall and Women's Military Service to America. She was in charge of taking orders for laying bricks at the Memorial Hall, even laying bricks herself. In 2009 she received the Hero's Among Us-Military Award. She attended the Honor Flight to Washington, D.C. and was invited by President Bill Clinton to the White House during the dedication of the Women in Military Service to America Monument at the entrance to Arlington National Cemetery. Marcia is remembered for organizing and displaying over 10,00o flags for veterans at Waterloo Cemeteries with the help of the ROTC. She and her husband were active with the Chevalier Drum and Bugle Corps for many years. One favorite memory of mom was her making pull-a-parts for her grandkids. Survivors include: her children, Connie Courbat of Waterloo, Dr. Mike (Dr. Deborah Lewis-Fravel) Courbat, of Indianapolis, Indiana and David Courbat of Waterloo; three grandsons, Chris (Briana) Courbat, Jeff(Sara) Courbat and Andrew (Nancy Wulf) Courbat; two step grandchildren, Mayme (John) Polstra and Cory (Pam) Fravel; 10 great grandchildren, Lily, Kayden, Gabby, Gracie, Laynee, Lydia, Connor, Alex, Dakota (Kennedy) and Nathan; a great-great grandson, Liam; and four step great grandchildren, Audra, Ben, Allison and Dyulan (Bailey). She is preceded in death by: her husband; three children, Martha, Dale, Jr. and Darrell; her parents; her stepmother, Josephine Buss; her father and mother-in-law, Ernest and Ruth Courbat; a brother, Herbert Zickuhr; and a sister, Margaret Olds. Page 525 of 610 Services will be 10:3o a.m. Thursday at Hagarty-Waychoff-Grarup Funeral Service on West Ridgeway with burial in Garden of Memories Cemetery, where full military rites will be conducted by American Legion Post 138, Veteran of Foreign Wars Post 1623 and the Iowa Army Honor Guard. Visitation will be from 5 to 8 p.m. Wednesday and for an hour before services on Thursday. Memorials may be directed to the Veteran's Memorial Hall. Condolences may be left with www.hagartywaychoffgrarup.com. Page 526 of 610 City of Waterloo Planning, Programming and Zoning Commission May 11, 2021 oho �5� tk sT �. tk Portion of Cedar Street to be renamed Courbat Court fir' I _ Veterans Memorial Hall f f I q�U .. Cedar River I h� l - 5� N Cedar Street Renaming W .E Waterloo Veterans Memorial Hall s Commission Page 527 of 610 CITY OF WATERLOO Council Communication Resolution approving the second amendment to the Development and Minimum Assessment Agreement with Warren Transport, Inc., originally executed on November 18, 2019, changing the completion date to November 30, 2022, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Amendment to Development Agreement Backup Material ❑ Original Development Agreement Backup Material Resolution approving the second amendment to the Development and Minimum Assessment Agreement with Warren Transport, Inc., originally SUBJECT: executed on November 18, 2019, changing the completion date to November 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% 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 N35013'19"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 NO°28'50"W Page 528 of 610 374.88 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. Page 529 of 610 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 530 of 610 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 531 of 610 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 I Page 532 of 610 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: 2020-00PJ9Z* 1b 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: 2020-0018AYZ 4S&q61:6 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?2M5Sffl+c61:� 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?2% j+ 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: 2020-00PJ9Z2%7 61% 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: 2020-00pjgZ* lEp 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?%3 17) 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: 2020-0018AYg*05&c(51?6 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: 2020-00P19Z2 i1� 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 g%4 :6�% 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 g%4�W:6 't 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 g%AeSf:611Z Page 13 of.17 EXHIBIT "B" MINIMUM ASSESSMENT:AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered1rito as ZjvY,i/ %g,UO ' by and.among the.CITY OF.WATERLOO, IOWA ("`City'), WARREN TRANSPORT, INC. "Com an " ( p y ), 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 as a part.of the Project shall notbe 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�3% :641:b - 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 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; 200-000l$ g% :64 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.eesyos Notary Public a w' ' MY COMMISSION EXPIRES _ FEBRUARY 23,2021 File Number: 2020-000p j g%44 f: ,1 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-O000p3g%4sqq:61� CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo's purchasing procedures policy to approve the purchase of a rental 2020 Elgin Crosswind Single Engine Sweeper in the amount of$259,195.00 from MacQueen Equipment of Ankeny, Iowa. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ quote for sweeper Backup Material Resolution authorizing an exception to the City of Waterloo's purchasing SUBJECT: procedures policy to approve the purchase of a rental 2020 Elgin Crosswind Single Engine Sweeper in the amount of$259.195.00 from MacQueen Equipment of Ankeny. Iowa. Submitted by: Submitted By:Randy Bennett, Public Works Manager Recommended Action: Approve Resolution Sweeper is a rental unit with a$5,150.00 discounted price and a$8,000.00 trade-in allowance for a 2005 Pelican sweeper. This is a single operator vac Summary Statement: sweeper which eliminates a need for a second vehicle to haul the debris. It also addresses our maintenance needs of permeable alleys that is required per the consent decree. Expenditure Required: $259,195.00 Source of Funds: 521-19-5500-2117 Policy Issue: Strategy 2.2:Enlist all City departments and staff members in efforts to promote a safer community. Page 550 of 610 -N MACQUEEN EQUIPMENT MINNESOTA WISCONSIN IOWA NEBRASKA April 21, 2021 City of Waterloo 715'Mulberry Street Waterloo, lA 50702 To Whom It May Concern, We are pleased to offer for your consideration this proposal for one Rental 2020 Elgin Crosswind Single Engine Sweeper Serial#JS41649 mounted on a 2021 Frelghtliner M2 Chassis VIN# 1FVACXFCXMHMJ9667 to include the following. AM/FM CD radio Memory Sweep Vacuum Enhancer in cab w/display Broom Tilt with indicator(per side) Variable speed brooms(dual broom control) Functional control for water control Dual side broom scrubbing position In Cab Hopper Dump Flow Blocker Auxiliary Hydraulics Arrow Board on rear(includes wire and mount) Camera system(rear view STD) Hydraulic Wandering Hose Additional 4'aluminum tube with bracket(each) Spray on Life liner in hopper and on inside of rear door Hopper Deluge Air purge for water system High pressure washdown system Front Spray bar M2 Chassis Sound Suppression Kit Hydraulic Level/Temp Shutdown Crosswind Service Manual Total Price $272,345.00 Less Rental Discount -5,150.00 Price after Discount $267,195.00 Trade 2005 Pelican --8000._00 Price after trade $259,195.00 Note:The price does not include any credit of rental fees that be applied to the purchase. Thank you for this opportunity to submit this proposal on behalf of your equipment needs, If I can be of any further assistance feel free to contact me at any time. Sincerely, Eric Thorson District Sales Manager MacQueen Equipment Page 551 of 610 CITY OF WATERLOO Council Communication Resolution renaming the 5 Sullivan Brothers Convention Center to the Waterloo Convention Center, and naming the outside plaza area the Sullivan Brothers Plaza, and authorize the Mayor and City Clerk to execute necessary documents for such change. City Council Meeting: 5/17/2021 Prepared: 5/10/2021 Resolution renaming the 5 Sullivan Brothers Convention Center to the SUBJECT: Waterloo Convention Centerand naming the outside plaza area the Sullivan Brothers Plaza, and authorize the Mayor and City Clerk to execute necessary documents for such change. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Adopt resolution The Mayor has been in conversation with the Sullivan family and working with Spectra Management group on the renaming of the Convention Center. Summary Statement: Spectra officials would recommend the Waterloo Convention Center name for easier recognition of the location. The Mayor has been working on improvements and renaming of the plaza outside for the honoring of the Sullivan family. Expenditure Required: None Source of Funds: NA Policy Issue: Tourism Alternative: Not approve Back when the City was preparing to sell the convention center, the idea was approached. The Development Agreement, at that time, noted it would be renamed to the "Waterloo Convention Center at Five Sullivan Brothers Plaza." Since that did not go through, the City has hired Spectra Management for the running of the convention center for events, marketing. Spectra staff has Background Information: recommended the renaming to the "Waterloo Convention Center" and the "Sullivan Brothers Plaza" for the two locations (building and plaza outside). They note the full name of the "Waterloo Convention Center at the Sullivan Brothers Plaza" would be used for the logo, most materials, social media sites, etc.. The request would also ask that future naming rights partners not have to go through City Council, but would be approved by the Mayor for such activities. Page 552 of 610 Page 553 of 610 CITY OF WATERLOO Council Communication Resolution approving Development Agreement with Crystal Distribution Services, Inc. and City of Waterloo for a new 100,000 sq. ft. cold storage facility, with a Minimum Assessment Agreement adding$10,000,000 to the current assessed value of site, and City incentives of acquiring land/buildings on campus and tax rebates at 10 years at 70 percent, and authorizing the Mayor and City Clerk execute said document. City Council Meeting: 5/17/2021 Prepared: 5/12/2021 ATTACHMENTS: Description Type ❑ Crystal DA Backup Material ❑ Crystal map Backup Material Resolution approving Development Agreement with Crystal Distribution Services, Inc. and City of Waterloo for a new 100.000 sq. ft. cold storage SUBJECT: facft with a Minimum Assessment Agreement adding $10,000,000 to the current assessed value of site, and City incentives of acquiring land/buildings on campus and tax rebates at 10 years at 70 percent, and authorizing the Mayor and City Clerk execute said document. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approve Development Agreement The City continues to work with Crystal Distribution for redevelopment of the former Rath Packing Plant site. This next expansion is a$10 million, 100,000 sq. ft. expansion that will work to add another 65 employees to the company, and help them modernize, keep growing as a company, and Summary Statement: improve the brownfield area. The City will work to acquire the multi-story buildings as they become more and more difficult for functional use and maintenance. The potential demolition of the buildings would work to open another 5 acres on the site for continued expansion in future. Acquisition of buildings at$2.9 million-payable through bonds and TIF Expenditure Required: funds over a 4 year period. The project was discussed in the CIP process to plan for this expenditure. Source of Funds: Bonds and Rath TIF funds Strategies 1.3, 1.4, 1.7, 3.1, and 3.8 --- creation of jobs, ways to create an Policy Issue: environment to attract population to Waterloo, create new tax base, new investment in CURA area and TIF areas Alternative: Not approve Page 554 of 610 Crystal originally acquired the multi-story buildings (built in 1938-1950)in the Rath bankruptcy of the 1980's. They were able to reuse the buildings for a cold storage business and expand with new buildings (1999)on former demolished Rath building sites. With setbacks from flooding in 2008, they persevered to come back and build again in 2013 and 2017. Crystal currently has 100 employees in the Waterloo area, with locations also in Mason City and Marshalltown. They are looking to expand in part due to Covid demands by food companies wanting more cold storage ability, and in part due to companies not wanting to go into the former Rath buildings due to flooding concerns (they were in a lawsuit by clients for food lost due to 2008 flood). The City has invested in flood pumps to help better protect the area, the Background Information: City has worked to redevelop the former Rath sites with Crystal, with SJ Construction, with the Human Services Campus, to help bring back a business climate, employment, and re-investment to the once packing plant site. The current project is the size of the last two large projects of 1999 and 2017. It represents a major investment by Crystal, and a major commitment by the City of Waterloo for continued development in the area. With the acquisition of the multi-story buildings, the City will have 5 years for reuse decisions -opening up approximately 5 acres through the demolition, or fording a reuse of the buildings along the riverfront. The City is also requesting$1.0 million in RISE funds for the 11th Street bridge from the State of Iowa to help handle the truck traffic generated by this project. Page 555 of 610 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 , 2021, by and between Crystal Distribution Services, Inc. (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Rath Urban Renewal and Redevelopment Plan area (the "Urban Renewal Plan"), and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Improvements by Company. Company shall construct on the Property a cold storage facility, as new expansion of the existing facility and/or a new facility, of no less than 100,000 total square feet, as well as related landscaping, paving, and parking improvements (collectively, the "Improvements") at a minimum estimated investment cost of$10,000,000.00, in accordance with the Plans as provided in Section 2. 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 Page 556 of 610 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". 2. Construction Plans. Company agrees that it will cause the Improvements to be constructed on the Property in conformance with construction plans (the "Plans") submitted to the City within four (4) months following the execution of this Agreement. Company agrees that the scope and scale of the Improvements to be constructed shall not be significantly less than the scope and scale of the Improvements as detailed and outlined in the Plans. Company shall cause Plans to be provided for the Improvements, which shall be subject to approval by the City as provided in this Section. City shall approve the Plans in writing if: (a) the Plans conform to the terms and conditions of this Agreement; (b) the Plans conform to the terms and conditions of the Urban Renewal Plan; (c) the Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations and City permit and design review requirements; (d) the Plans are adequate for purposes of this Agreement to provide for the construction of the Improvements, and (e) no Event of Default under the terms of this Agreement has occurred; provided, however, that any such approval of the Plans pursuant to this Section shall constitute approval for the purposes of this Agreement only and shall not be deemed to constitute approval or waiver by the City with respect to any building, fire, zoning or other ordinances or regulations of the City, and shall not be deemed to be sufficient plans to serve as the basis for the issuance of a building permit if the Plans are not as detailed or complete as the plans otherwise required for the issuance of a building permit. Approval of Plans hereunder shall not constitute approval for any other City purpose nor subject the City to any liability for the Improvements as constructed. The Plans must be rejected in writing by City within thirty (30) days of submission or shall be deemed to have been approved by the City. If City rejects the Plans in whole or in part, Company shall submit new or corrected Plans within thirty (30) days after receipt by Company of written notification of the rejection, accomplished by a written statement of the City specifying the respects in which Company's Plans fail to conform to the requirements of this Section. The provisions of this Section relating to approval, rejection and resubmission of corrected Plans shall continue to apply until the Plans have been approved by the City; provided, however, that in any event Company shall submit Plans which are approved by City prior to commencement of construction of the Improvements. Approval of the Plans by the City shall not relieve Company of any obligation to comply with the terms and provisions of this Agreement, or the provision of applicable federal, state and local laws, ordinances and regulations, nor shall approval of the Plans by City be deemed to constitute a waiver of any Event of Default. 2 Page 557 of 610 3. Timeliness of Conveyance and Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to make the promises to Company and to make available to Company the incentives provided for in this Agreement, and that without said commitment City would not do so. Subject to Unavoidable Delays (defined below), Company must obtain a building permit and begin construction on the Improvements by the date that is six (6) months after the date of final approval of the Plans by the City (the "Start Date") and must substantially complete construction within thirteen (13) months after the Start Date (the "Completion Deadline"). For purposes of this Agreement, substantial completion of construction shall be evidenced by issuance of an occupancy permit. If, by the Start Date, Company has not in good faith begun construction of the Improvements upon the Property, then the City may terminate this Agreement following Company's failure to begin substantial construction activity within thirty (30) days following written notice of default from City. If development has commenced by the Start Date or within any agreed period of extension 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 such condition or event being an "Unavoidable Delay"), the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following Company's failure to diligently undertake construction within thirty (30) days following written notice of default from City. If at any time Company fails to diligently undertake construction and other activities necessary for completion of the Project, then City may terminate this Agreement following Company's failure to resume and diligently carry on construction within thirty (30) days following written notice of default from City. 4. Utilities and Services. 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. 5. City Assistance. City shall provide to Company the Project incentives and assistance that are described in the following paragraphs of this Section 5. A. Support for Applications. City agrees that it will cooperate in good faith with Company and, if necessary for program requirements, sponsor Company applications for available state tax credits and/or rebates and other _ available government funding, if Company chooses to make any such application(s). B. Acquisition of Company Property. City will purchase from Company the real property identified on Exhibit "B" attached hereto (the "Company Property"), for a total purchase price of$2,900,000.00 (the "CP Purchase Price"), with a mutually agreeable closing date on or before four (4) months following the execution of this Agreement. 3 Page 558 of 610 Notwithstanding the City's prerogative to undertake evaluation, environmental testing and surveying, the purchase by the City will be "As Is, Where Is". At any reasonable time before such purchase, City, its agents and contractors, shall have access to the Company Property for purposes of evaluation, environmental testing and surveying; provided, however, that the City's purchase of the Company Property will occur as scheduled and is not subject to City's satisfaction with respect to its evaluation, environmental testing and surveying. If access by City, its agents or contractors, is denied or unduly restricted, City may terminate this purchase obligation if reasonable access is not allowed within ten (10) days of advance written notice to Company. To aid City in its environmental review, Company shall promptly: (i) provide City with reports of all environmental investigations of which Company has knowledge that were conducted on the Company Property, including but not limited to asbestos surveys, asbestos abatement reports, Phase I and or II environmental site assessments, and tank investigations; and (ii) provide City with all environmental records for the Company Property that are in the possession of Company or its consultants, including but not limited to tank installation/removal records, stormwater pollution prevention plans (SWPPP), and spill incident records; and (iii) provide access to a property manager or equivalent to accompany City's designated contractor during the Phase I environmental site assessment site walk; and (iv) provide City with existing building layout and plans and infrastructure on the Company Property, including all above and below ground infrastructure. The parties acknowledge that each of parcel 8913-25-261-007, with an address of 1620 Sycamore Street, and parcel 8913-25-261-004, with an address of 1442 Sycamore Street, will be split so that Company retains such portions thereof as it desires in connection with the Project. City will survey said parcel at City's expense so that Exhibit "B" can be amended prior to the anticipated date of conveyance of the Company Property (the "Closing Date"). The Community Planning and Development Director is hereby authorized, without further approval by the city council, to execute such amendment on behalf of City. No less than fourteen (14) days prior to the Closing Date, Company shall, at its own expense, deliver to City an updated abstract of title for same. If title is unmarketable or subject to title matters not acceptable to the City, Company shall remedy or remove such objectionable matters in timely fashion at its own expense following written notice of such objections from City. The Closing Date shall be delayed for such time as is necessary for Company to remedy or remove such objectionable matters. Conveyance shall be by warranty deed, free and clear of all encumbrances except: (i) easements, conditions and restrictions of 4 Page 559 of 610 record, and (ii) general utility and right-of-way easements serving the Company Property. The CP Purchase Price will be payable in four installments: (w) the sum of $725,000.00 payable at closing, which shall not occur before July 7, 2021, (x) the sum of $725,000.00 payable after July 1, 2022 but before August 31, 2022, (y) the sum of $725,000.00 payable after July 1, 2023 but before August 31, 2023 and (z) the sum of$725,000.00 payable after July 1, 2024 but before August 31, 2024. At closing Company shall pay real estate taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, any unpaid real estate taxes payable in prior years, and any special assessments that are a lien on the Company Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. City shall pay all subsequent real estate taxes and assessments. At closing, City shall execute and deliver to the Company the City's mortgage on the Company Property to secure the City's payment obligations as set forth above, in form reasonably acceptable to both parties. C. Leaseback of CompanyProperty. At closing on City's purchase of the Company Property, the parties shall enter into an agreement providing for Company's lease of the Company Property for a period of up to five (5) years at the rental rate of$1.00 per year, on such terms and conditions to which the parties shall mutually agree. D. Rebates. City shall provide property tax rebates as further set forth in Section 8 below. 6. Contingent Repayment of CP Purchase Price. If City terminates this Agreement under Section 3, the City will reconvey the previously purchased Company Property to Company, and then any part of the CP Purchase Price that City has paid Company as of the date of termination will be repayable to City in full within ninety (90) days after written demand from City, plus interest at the rate of five percent (5%) per annum from and after the date of initial disbursement until repaid in full. If the CP Purchase Price and interest are not repaid, then Company hereby authorizes City to execute on Company's behalf and record a mortgage against the Property to secure repayment of the CP Purchase Price plus interest. If City has made expenditures to demolish structures, remediate environmental hazards, or otherwise to improve the Company Property, all such documented expenses shall be added to the amount of the CP Purchase Price to be repaid by Company. Appointment of Attorney in Fact. Company hereby authorizes City to execute and record, on Company's behalf and as its attorney-in-fact, the mortgage provided for in this paragraph, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAX) attached hereto as Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property as improved pursuant to this 5 Page 560 of 610 Agreement, which shall be fixed for assessment purposes, below the amount of $19,466,660.00 (the "Minimum Actual Value"), through: (i) willful destruction of the Property, the 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. 8. Property Tax Rebates. Provided that Company has completed the Improvements as set forth in this Agreement and has executed and delivered the MAA, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Ten 70% rebate each year for any taxable value over the January 1, 2020 value of$9,466,660.00. 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 payment of rebates. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City, or the rebate shall be forfeited. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements and not 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. 9. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. 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 6 Page 561 of 610 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. Company will cooperate fully with the City in reasonable 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. 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. E. The Property will have a taxable value as set forth in the MAA and any amendments thereto, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA and any amendments thereto 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 and any amendments thereto. F. 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, and renewals. 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 the business operations of the type to be conducted on the Property by Company, and (2) it will make no conveyance, lease or other transfer of the Property or any interest therein that would cause 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. Until termination of the MAA, Company agrees that (1) it will not seek 7 Page 562 of 610 administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 10. Representations and Warranties of City. City hereby represents and warrants as follows.- A. ollows:A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 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 incorporation or bylaws 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. Assuming due authorization, execution and delivery by the other parties hereto, this Agreement is in full force and effect and is a valid and legally 8 Page 563 of 610 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. F. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 12. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or 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 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. 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 9 Page 564 of 610 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 5% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 14. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. Notwithstanding the foregoing, City hereby consents to Company's assignment of this Development Agreement and the City's mortgage on the Company Property set forth in Section 5.13 to Great Western Bank in connection with the financing Great Western Bank is providing to the Company for this Development above. Said assignment to Great Western Bank shall be for security purposes only, and Company shall retain, and be solely responsible to perform, all obligations to City arising under this Agreement. 15. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 16. 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, prior to the completion of the Project without the prior written consent of City; 10 Page 565 of 610 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 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. 17. 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 and will only exercise such remedy if, by the conclusion of such 30 day period, the Event of Default shall not have been cured, or if 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 11 Page 566 of 610 Default and will only exercise such remedy if, by the conclusion of such 30-day 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 as to any other or any subsequent default. 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 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, 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 P.O. Box 1744, Waterloo, Iowa 50704, facsimile number-5j. _, Attention: President, with additional copy of any such notice sent to Great Western Bank, Attention John T. Flint, 205 West 2nd Street, Cedar Falls, Iowa 50613. 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 12 Page 567 of 610 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 such 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 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. 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. 25. Binding Effect. This Agreement shall be binding upon 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 multiple 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. 13 Page 568 of 610 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] 14 Page 569 of 610 CITY OF WATERLOO, IOWA CRYSTAL DISTRIBUTION SERVICES, INC. By: Quentin M. Hart, Mayor Thomas J. Pae, President Attest: Kelley Felchle, City Clerk 15 Page 570 of 610 EXHIBIT "A" Legal Description of Property RIVERSIDE ADDITION PART BLK 5 BLK 9 AND VAC DIVISION ST ALSO THAT PART VAC RATH ST AND LOT 25 IN MORNING SIDE ADDITION ALSO THAT PART OF A CERTAIN PARCEL OF LAND LOC ALONG N BANK CEDAR RIVER BETWEEN ELM ST AND 18TH ST AND IN N 112 SE SEC 25 T 89 R 13 SAID PARCEL AS DESC IN CLD B 594 P 868 ALL OF THE ABOVE DESC AS FOL: BEG AT PT ON E LINE.VAC ELM ST WHICH IS 143.94 FT S OF NW COR BLK 5 IN RIVERSIDE ADDN TH S 54 DEG 23 MIN 30 SEC E 594.07 FT TH S 35 DEG 37 MIN 40 SEC W 221.87 FT TH N 54 DEG 22 MIN 15 SEC W272.70 FT TH S 34 DEG 04 MIN 40 SEC W 206.87 FT TO SLY LINE OF ABOVE MENTIONED PARCEL CLD 594-868 TH N 49 DEG 05 MIN 10 SEC W 233.64 FT ALONG SAID SLY LINE TO PT IN ELM STREET EXTENDED SAID PT BEING 25.7 FT E OF W LINE OF ELM ST AS MEAS RT ANG THERETO TH N 17 DEG 52 MIN 30 SEC E 80.06 FT (FORM DESC AS"NLY PAR WITH AND 25.7 FT DIST FROM SAID W LINE ELM ST 80 FT")TO RIVER FRONT IMPROVEMENT COMMISSION MONUMENT NO.43 TH S 49 DEG 52 MIN 40 SEC E 37 ,07 FT ALONG RIVER FRONT COMMISSION LINE TO E LINE ELM ST TH N 17 DEG 51 MIN 50 SEC E 350. 28 FT TO PT OF BEG THAT PART BLK 2 MORNING SIDE ADDN, THE VAC ALLEY WITHIN SAID BLK 2 AND VAC RATH ST LYING WITHIN THE FOL DESC BOUNDS: BEG AT PT ON N (parcel 8913-25-261-022, a/k/a 1656 Sycamore Street). AND A portion of the following-described property, to be determined by survey: RIVERSIDE ADDITION PART BLK 5 AND PART VAC DIVISION STREET AND VAC RATH ST AND PART BLK 2 MORNING SIDE ADDITION ALONG WITH VAC ALLEY LYING WITHIN SAID BLK 2 DESC AS FOL: BEG AT NW COR SAID BLK 5 TH S 72 DEG 00 MIN 00 SEC E 378.76 FT ALONG NELY LINE SAID BLK 5 TO PT OF INTER OF NWLY EXT OF NELY LINE SAID BLK 2 TH S 65 DEG 14 MIN 40 SEC E 313.69 FT ALONG NELY LINE SAID BLK 2 TH 5 35 DEG 37 MIN 40 SEC W 310.74 FT TH N 54 DEG 23 MIN 30 SEC W 625.17 TO ELY LINE VAC ELM ST TH N 17 DEG 53 MIN E 143.94 FT ALONG SAID ELY LINE TO PT OF BEG EXC THAT PART DESC AS BEG AT NW C OR SAID BLK 5 SAID PT BEG NW C OF FORMER RATH BLDG NO 131 TH S 72 DEG 00 MIN 00 SEC E 246.07 FT ALONG SLY LINE SYCAMORE ST TH S 36 DEG 05 MIN 00 SEC W 211.55 FT TH N 54 DEG 23 MIN 30 SEC W 188.97 FT TO ELY LINE VAC ELM ST TH N 17 DEG 53 MIN 00 SEC E 143.94 FT ALONG SAID ELY LINE TO PT OF BEG. (parcel 8913-25-261-007, a/k/a 1620 Sycamore Street). Page 571 of 610 EXHIBIT °B" Description of Company Property 1442 Sycamore—COWINS SUB IN RIVERSIDE ADD ELY 100 FT LOT 1 LOT 2 THAT PART OF ELM ST EXTENDING SLY FROM THE SLY LINE OF SYCAMORE ST TO THE RIVER FRONT IMPROVEMENT COMMISSION LINE IN RIVERSIDE ADD THAT PORTION OF VACATED MC LEAN ST EXTENDING FROM THE NLY R.O.W. LINE OF THE ILLINOIS CENTRAL RAILROAD TO THE SLY LINE OF SYCAMORE ST. 1508 Sycamore— RIVERSIDE ADDITION PART BILK 5 BEG AT NW COR SAID BILK 5 SAID PT BEING THE NW COR FORMER RATH BUILDING#131 TH S 72 DEG E 246.07 FT ALONG SLY LINE SYCAMORE ST TH S 36 DEG 05 MIN W 21 1.55 FT TH N 54 DEG 23 MIN 30 SEC W 188.97 FT TO ELY LINE VACATED ELM ST TH N 17 DEG 53 MI N E 143.94 FT ALONG SAID ELY LINE TO PT OF BEG. 1620 Sycamore (portion to be determined by survey)—RIVERSIDE ADDITION PART BILK 5 AND PART VAC DIVISION STREET AND VAC RATH ST AND PART BLK 2 MORNING SIDE ADDITION ALONG WITH VAC ALLEY LYING WITHIN SAID BLK 2 DESC AS FDL: BEG AT NW COR SAID BLK 5 TH S 72 DEG 00 MIN 00 SEC E 378.76 FT ALONG NELY LINE SAID BLK 5 TO PT OF INTER OF NWLY EXT OF NELY LINE SAID BLK 2 TH S 65 DEG 14 MIN 40 SEC E 313.69 FT ALONG NELY LINE SAID BLK 2 TH S 35 DEG 37 MIN 40 SEC W 310.74 FT TH N 54 DEG 23 MIN 30 SEC W 625.17 TO ELY LINE VAC ELM ST TH N 17 DEG 53 MIN E 143.94 FT ALONG SAID ELY LINE TO PT OF BEG EXC THAT PART DESC AS BEG AT NW C OR SAID BLK 5 SAID PT BEG NW C OF FORMER RATH BLDG NO 131 TH S 72 DEG 00 MIN 00 SEC E 246.07 FT ALONG SLY LINE SYCAMORE ST TH S 36 DEG 05 MIN 00 SEC W 211.55 FT TH N 54 DEG 23 MIN 30 SEC W 188.97 FT TO ELY LINE VAC ELM ST TH N 17 DEG 53 MIN 00 SEC E 143.94 FT ALONG SAID ELY LINE TO PT OF BEG. Page 572 of 610 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2021, by and among the CITY OF WATERLOO, IOWA ("City"), Crystal Distribution Services, 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 the development of an area ("Project") within the City and within the Rath Urban Renewal and Redevelopment Plan area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon as a part of the Project shall not be less than $19,466,660.00 (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before the Completion Deadline stated in the Development Agreement. If it is not completed within the same calendar year as the Completion Deadline, 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, 2042. 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 Page 573 of 610 the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA CRYSTAL DISTRIBUTION SERVICES, INC. By: By: Quentin M. Hart, Mayor Thomas J. Poe, President By: Kelley Felchle, City Clerk 2 Page 574 of 610 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of 2021, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2021 by Thomas J. Poe as President of Crystal Distribution Services, Inc. (Z� Notary Public 3 Page 575 of 610 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 Nineteen Million Four Hundred Sixty-Six Thousand Six Hundred Sixty Dollars ($19,466,660.00) until termination of the Minimum Assessment Agreement pursuant to the terms thereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on 2021, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa Notary Public Page 576 of 610 >- l' PF Legend .. r I — , Y r, i _ " 'p\ � -. '�.1'. Tti� � 4 i ''' .. •• S y�, � STP G�. .I .'.L'I 'I T•� '•P-*9 -I _n.:.'I I L DEARBORN AVE LU i a Y _ 1 r t z i r , n 1 , r / Y f � . J - 4 d+.R fi O < \ FST r �. _ .-��J'�' � 1 / , ",Ac � ` � \♦c A s / s , z ' AllNCS v {f as ' i ...SOUTH ST— � _� �� ' �� _ � � , `•. �` �` •.� ?� — k �' � W h7r �,�.� c p j r, T y. 218 ` • ' - �\�,•� \ � �" ' \ i /�� � � nJ z. - -; •tis y � � �, � � ;�� II � � � �.._ ;, � s \ J. hN 41 a - -- WILLISTONAVE r . . 1 N Citta of Waterloo, IowaW E Page 577 of 610 CITY OF WATERLOO Council Communication Resolution approving an Encroachment Agreement with Hawkeye Community College to install 42"high fencing and bollards on city owned right-of-way along West 1st Street in the "C-3" Central Business District at 120 Jefferson Street. City Council Meeting: 5/17/2021 Prepared: 5/12/2021 ATTACHMENTS: Description Type ❑ Staff Report Backup Material ❑ Overview Map Backup Material ❑ Aerial Map Backup Material ❑ Water Works Site Map Backup Material ❑ Pictures Backup Material ❑ EA Map Backup Material ❑ Application Backup Material ❑ Encroachment Agreement Backup Material Resolution approving an Encroachment Agreement with Hawkeye SUBJECT: Community to install 42"hi fencing and bollards on cit X owned right-of-way along West 1st Street in the "C-3" Central Business District at 120 Jefferson Street. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval Resolution approving an Encroachment Agreement with Hawkeye Community College to install 42"high fencing and bollards on city owned right-of-way along West 1st Street in the "C-3" Central Business District at 120 Jefferson Street. Summary Statement: The Planning and Zoning Commission at their regular meeting on May 11, 2021 unanimously recommended approval of the request. In addition Hawkeye Community College will sign the encroachment agreement. Expenditure Required: None Source of Funds: N/A Strategy 3.5: Continue to engage with local public partners to identify cost Policy Issue: savings, streamline efforts, and improve efficiently in City operations and activities. Page 578 of 610 The applicant is proposing to install fencing and 21 bollards that are both 42"in height on city owned property along West 1St Street. The majority of the fencing and bollards will be constructed on Hawkeye Community College owned property. There is approximately 50' of fence that will encroach less than I foot into City right-of-way. The 21 bollards will encroach less than 4 feet into City right-of-way. The request would not appear to have a negative impact on traffic or pedestrian conditions in the area as the fence and bollards at only 42"in height would not impede visibility of traffic along West 1St Street. There are sidewalks located along West 1St Street, Jefferson Street, and Highway 63. The property in question is zoned "C-3" Commercial District, and has been zoned as such since it was rezoned from"M-1"Light Industrial District on July 25, 2016 with the passage of Ordinance#5359. A special permit was approved by the Board of Adjustment on July 25, 2016 for the property to have a multi-purpose educational facility. No utilities are known to exist within the proposed encroachment area. However there is 12"sanitary sewer main, 10"water main, a fiber line for the traffic control system in close proximity to the proposed encroachment area, and 12" storm sewer underneath West 1St street. In addition there is 36" storm sewer, 12"water main, and 24" sanitary sewer main underneath Jefferson Street. Background Information: The fencing and bollards will be placed approximately 14' from the southeast edge of West 1St Street, allowing for ample sight visibility for those traveling northeast along West 1St Street. The concrete bollards and silver welded wire mesh fence will both be 42"in height. The bollards will be designed to demobilize a vehicle before it can hit the building. There have been three vehicular accidents involving the east side of the building since the building opened in 2019. Slippery road conditions for traffic exiting the Highway 218 off-ramp have been an issue with many of the accidents. Therefore, staff recommends that the request by Hawkeye Community College for an encroachment agreement to install 42"high fencing and bollards into the City Right-of-Way at 120 Jefferson Street. 1. The request would not appear to have a negative impact on the traffic conditions in the area. 2. The 42"high fencing and bollards will protect the east side of the building. And subject to: 3. A signed and executed Encroachment Agreement that enables the City of Waterloo to terminate the agreement and right to remove the 42" bollards and fence in the event the area is needed for street or utility purposes Page 579 of 610 ORIGINAL PLAT WATERLOO WEST LOTS 1 THRU 10 BLK 12 AND ALL THAT PART OF 20 FT ALLEY IN BLK 12 LYING WLY OF THE FOL DESC CURVE: COM AT THE ELY COR LOT 10 TH S 41 DEG 07 MIN W 90 FT ALONG THE SELY LINE OF SAID LOT 10 TO SWLY LINE OF NELY 90 FT SAID LOT 10 TH N 49 DEG 14 1/2 MIN W 35.6 FT ALONG SAID SWLY LINE TH NELY 92.7 FT ALONG A 701.7 FT RADIUS CURVE CONCAVE NWLY THE CHORD FOR WHICH BEARS N 54 DEG 23 1/2 MIN E AND HAS A LENGTH OF 92.6 FT TO A PT ON NELY LINE OF SAID LOT 10 THAT IS 14.3 FT NWLY OF MOST ELY COR LOT 10 WHICH IS THE POB TH CONT ALONG SAID CURVE TO THE SWLY LINE Legal Descriptions: OF LOT 1 SAID BLK 12 TO A PT THAT IS 11.4 FT N OF SLY MOST COR OF SAID LOT 1 EXC THE NWLY 4 FT IN EVEN WIDTH OF LOT 5 BLK 12 ALSO EXC COM AT ELY COR OF LOT 1 TH N 48 DEG 59 MIN 12 SEC W 4.6 FT BEING POB TH S 41 DEG 12 MIN 6 SEC W ON NWLY ROW LINE OF W 1ST 44 .80 FT TH SWLY ON NWLY ROW LINE OF W IST ST BEING A 701.70 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 95.3 FT LONG CHORD BEARING S 44 DEG 56 MIN 53 SEC W 95.38 FT TH N 49 DEG 3 MIN 51 SEC W 4.04 FT TH NELY ON A 697.70 FT 22 RADIUS CONCAVE NWLY AND HAVING A 95.32 FT LONG CHORD BEARING N 44 DEG 58 MIN 14 SEC E 95.39 FT TH N 41 DEG 12 MIN 06 SEC E 44.80 FT TH S Page 580 of 610 May 17,2021 REQUEST: Request by Hawkeye Community College for an encroachment agreement to install 42" high fencing and bollards on city owned right-of-way located along West 1St Street in the"C-3" Central Business District at 120 Jefferson Street. APPLICANT: Hawkeye Community College, 120 Jefferson Street, Waterloo, IA, 50701 GENERAL The applicant is proposing to install fencing and 21 bollards that DESCRIPTION: are both 42" in height on city owned property along West 1St Street. The majority of the fencing and bollards will be constructed on Hawkeye Community College owned property. There is approximately 50' of fence that will encroach less than 1 foot into City right-of-way. The 21 bollards will encroach less than 4 feet into City right-of-way. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & surrounding area. SURROUNDING LAND USE: VEHICULAR & The request would not appear to have a negative impact on traffic PEDESTRIAN or pedestrian conditions in the area as the fence and bollards at TRAFFIC only 42" in height would not impede visibility of traffic along West CONDITIONS: 1 st Street. There are sidewalks located along West 1 st Street, Jefferson Street, and Highway 63. RELATIONSHIP TO The Highway 218 Trail is abutting the project site. RECREATIONAL TRAIL PLAN: ZONING HISTORY The property in question is zoned "C-3" Commercial District, and FOR SITE AND has been zoned as such since it was rezoned from "M-1" Light IMMEDIATE VICINITY: Industrial District on July 25, 2016 with the passage of Ordinance #5359. A special permit was approved by the Board of Adjustment on July 25, 2016 for the property to have a multi-purpose educational facility. DEVELOPMENT The Hawkeye Community College building in downtown Waterloo HISTORY: was constructed in 2017-2018. BUFFERS/ No buffers or additional screening would be needed with this SCREENING request. REQUIRED: DRAINAGE: The request would not appear to have an impact on drainage in the area. FLOODPLAIN: This proposed encroachment area is designated as Zone X, Protected by Levee, and is not located in any floodplain as indicated by the Federal Insurance Flood Insurance Rate Maps that took effect July 18, 2011. PUBLIC /OPEN The nearest public space is 850 feet to the southeast at the SPACES/ SCHOOLS: Waterloo the RiverLoop Expo Plaza. Lowell Elementary School 5-11-21 120 Jefferson St. Encroachment Agreement.docPage 1 of 2 Page 581 of 610 May 17,2021 (currently being rebuilt) is approximately one mile to the southeast and East High is located approximately 3/4 of a mile to the northeast of the project site. UTILITIES: WATER, No utilities are known to exist within the proposed encroachment SANITARY SEWER, area. However there is 12" sanitary sewer main, 10" water main, a STORM SEWER, fiber line for the traffic control system in close proximity to the ETC. proposed encroachment area, and 12" storm sewer underneath West 1St street. In addition there is 36" storm sewer, 12" water main, and 24" sanitary sewer main underneath Jefferson Street. RELATIONSHIP TO The property is located in an area shown on the Future Land Use COMPREHENSIVE Map as Commercial. The proposed encroachment area is located LAND USE PLAN: within the Primary Growth Area as defined by the Comprehensive Plan. STAFF ANALYSIS — The fencing and bollards will be placed approximately 14' from the ZONING southeast edge of West 1St Street, allowing for ample sight visibility ORDINANCE: for those traveling northeast along West 1St Street. The concrete bollards and silver welded wire mesh fence will both be 42" in height. The bollards will be designed to demobilize a vehicle before it can hit the building. There have been three vehicular accidents involving the east side of the building since the building opened in 2019. Slippery road conditions for traffic exiting the Highway 218 off-ramp have been an issue with many of the accidents. The Planning and Zoning Commission unanimously approved the request at their regular meeting on May 11, 2021. STAFF ANALYSIS — There is no platting required for this request. SUBDIVISION ORDINANCE: STAFF Therefore, staff recommends that the request by Hawkeye RECOMMENDATION: Community College for an encroachment agreement to install 42" high fencing and bollards into the City Right-of-Way at 120 Jefferson Street. 1. The request would not appear to have a negative impact on the traffic conditions in the area. 2. The 42" high fencing and bollards will protect the east side of the building. And subject to: 3. A signed and executed Encroachment Agreement that enables the City of Waterloo to terminate the agreement and right to remove the 42" bollards and fence in the event the area is needed for street or utility purposes. 5-11-21 120 Jefferson St. Encroachment Agreement.docPage 2 of 2 Page 582 of 610 City of Waterloo City Council May 17, 2021 du LU ��,° ��o R'4 C�� w ROBYLN US ST g M-1 M-1 R 4 R-P ��— wJARGYLEST R-3 R/VER R ��VQ r4' ALMONDII T =� ° C-Z I R-3 w C-P PINE ST— A-1 C-2 cp9�`r �9�2 LIME ST- M-2 G 63 W COMMERC/AL-ST ^��5� M-2,P M-2 C.2 M-N��J WESTFIELD AV� � C-P op M-1 ONS R ,00 ��F9 tG`��� \�`O�� \R-`1 UNIVERS/Ty-qVE— c� ���s��� R-P s P 'T M-1 iso ��� R-4, C42� 63 C-LELq A-1 �'3� QQ �� RIP RDEANT RD z I°qVE 5E RANDALL-ST 2 218 C-3\ �� M-1 �R-2—WWELLI I GTONI ST ��P�� X9200 °G�y / �G9 C-2 R-3;C-Z �C_Z R-3 �05� <o .�'l R-4 ��� M-1 C-2 � SHERWOOD CTC� � -`r /10, C-1 p, C-Z� C-1 -2 0—SUMMITAVE ` R-4'9\C-Z �� R-2 c�R-4 C-Z�� R-4 s R-3 5 -REBERAVE R-3 �2� R=3;C-Z Z 2s � C=1 JOHNS02 ^ Q 218 HOME PARK BLVD IC-1 I I s'�R-4, GRANT AVE-= N i2o Jefferson w+1 E Encroachment Agreement s Hawkeye Community College 1,000 500 0 1,000 � � Feet Page 583 of 610 1 1 1 1 1 pW.4 WIN Al NOR �.� 02 40FOOP f�Oop 0. r o; -/ r r . i ��ferloo �o r �:. ell IF 4 �20C9-17396 #2 41 X96 4 4300 F;;� o^� PLEASE NOTE 325 Sycamore Street THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS ASSUMED WORKS t P o Box 27 FOR THE ACCURACY OF THE DATA DELINEATED HEREIN,EITHER 7■/\•■ EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY OR THE WATERLOO WATERLOO Waterloo, Iowa 50704 WATER WORKS OR THEIR EMPLOYEES.BLACK HAWK COUNTY AND THE WATERLOO WATER WORKS MAKES NO WARRANTY,EXPRESSED OR r-� Ph 319-232-6280 Fax 319-232-1962 IMPLIED AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY. r�] a e 585 of 610 Encroachment Agreement — Hawkeye Community College Looking toward the building and the area of the encroachment agreement. t. Looking at portion of damaged building. Page 586 of 610 - 1 Location of encroachment agreement. ' L ettFarm m guilt kr real lite Looking at truck coming off of US Highway 218 toward US Highway 63. Page 587 of 610 �1 0 U K D Z 0 K I O Z ©i Z Y d O O U QWho- V$ ° ° o ° St . S 0 q3 3 . 3 ' 0 ° _ 0 0 CD / - Lu B J W (7 0 ' Z Z_ C7 \ / US B � L I W 1ST STREET w I � � WB �� MAY 2021 I PROJECT NO / I 80848504 I FILENAME / 0 5 SHEET NO DR—N.NO a / SITE PLAN 1 Page 588 of 610 \ \ o \I \ \ Y \ U K \ \ O \ I � N O rc O Z O O U Q V$ __- PROPERTY LINE -------- O E3 E3 0 0 3 . 2 . 1 % - -� - - 4 � - - - - - - _ `- ❑ Lu W ® JW Z ❑ ❑ � � w ( m N �7- U w Z CD Z Hw Q Q Y US 63/ >- Lu J W W 1 ST STREET _ - DATE MAY 2021 PROJECT NO ❑t m ❑ ® (\❑ 60648504 — FILENAME — O 5 SHEET NO DR—N.NO a SITE PLAN 2 Page 589 of 610 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo,Iowa 50703 (319) 291-4366 ❑ Offen to Vacate and Purchase City Right-of-Way ® Request to Vacate Easement,Vacate Sidewalk, or neroachment Agreement ❑ Sale of City-Owned Property Hawkeye Community College Applicant: Dan Gillen Address: 120 Jefferson Street Phone No.: 319-296-4268 General Description of Property to Vacated (i.e.- alley between A St. &B St., South of C St.): Small strips of right-of-way between Hawkeye Community College and US 63. See attached site plans. Legal description of area to be conveyed, vacated, or encroached: I. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): Right-of-way vacation—One Hundred Seventy Five Dollar($175.00) Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00) Filing Fee Encroachment—One Hundred Dollar($100.00)Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00) Fee 2. Offer Price*[Note: if the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (S yrs inside of the CURA): • Costs(surveying&mise., demolition,remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. 04-20-2021 Applicant t(�,,, . t C. . ,_.ii p Ce r'l e p Date *Nat required for easement vacates sidewalk vacates or Encroachment Agreements Page 590 of 610 Prepared by Christopher S.Wendland,315 E. 5'Street,Waterloo,IA 50703. 319-234-5701 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into as of , 2021, by and between Hawkeye Community College ("HCC") and the City of Waterloo, Iowa ("City"). WHEREAS, HCC is the owner of real estate commonly known as 120 Jefferson Street, Waterloo, Iowa and legally described as set forth on Exhibit"A" attached hereto (the "HCC Property"); and WHEREAS, there is City owned right-of-way adjacent to the Southeasterly line of Owner's Property, bordering W. 1St Street(the"City Property"); and WHEREAS, HCC proposes to erect and maintain certain encroachments consisting of a fence and bollards (the "Encroachments")upon, over or across a portion of the City Property as depicted by plans that HCC has submitted to City, a copy of which are attached hereto as Exhibit`B", and City is willing to allow the Encroachments subject to the terms set forth herein. NOW THEREFORE, in consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Affirmation. HCC hereby recognizes and reaffirms the City Property as public property, notwithstanding the existence of the Encroachments for any length of time. HCC claims no rights in or to the Alley, or any part thereof. 2. Grants. City grants to HCC the right to construct and maintain the Encroachments into, over and upon the City Property, subject to (a) the rights of City and/or any public or private agency(a"Franchisee") to which City has granted a utility franchise for access over,under and upon the City Property, and(b) a continuing duty by HCC to maintain any visible features of the Encroachments in a condition of good repair. HCC agrees that the Encroachments will not exceed 42 inches in height above grade for bollards and 46 inches for fence. If HCC chooses at any time to repair or replace the Encroachments or any part thereof, the physical footprint of the Encroachments may not be enlarged as compared to current location or dimensions, and any reduction in the size or area of the Encroachments shall automatically cause a commensurate reduction in the physical scope of the rights granted hereunder. The parties expressly acknowledge that any damage that occurs to the Encroachments in connection with ordinary use of the City Property, the work of repair or improvement to any street or sidewalk, or the work of repair or improvement to public or utilities Page 591 of 610 infrastructure located in or upon the City Property, will be the sole risk and expense of HCC, including but not limited to repair or removal expenses. Upon reasonable notice, HCC shall remove so much of the Encroachments as may be necessary for City or a Franchisee to undertake work in the City Property, and failing such action by HCC either City or the Franchisee are authorized to remove such Encroachments and charge the costs of such removal to HCC or assess such costs against the HCC Property. City and Franchisee will exercise reasonable care in performing any work that either of them may undertake in and upon the City Property. 3. Term of Agreement. Except as otherwise provided herein, the term of this Agreement shall be for so long as said Encroachments continue to exist and are used and maintained by HCC. This Agreement shall automatically terminate if the Encroachments are removed(other than for temporary removal during replacement or repair). This Agreement may be terminated by City upon 60 days' advance written notice and order to HCC, its transferees, successors or assigns, to permanently remove the Encroachments. This Agreement is appurtenant to the real estate and runs with the land until terminated as set forth in this paragraph. 4. Indemnification. HCC shall protect, defend, indemnify, and hold harmless the City, any Franchisee, and the officers, managers, elected officials, employees, contractors and agents of each, from and against any claim, demand, cause of action, damages, fines, fees or liability of any type or nature whatsoever(including but not limited to reasonable attorney' fees and costs) (a)to the extent arising out of HCC's use of the City Property to install and maintain the Encroachments or(b) in any way connected with the Encroachments. Nothing herein shall be construed to impose on HCC a duty to maintain the City Property on or over which an Encroachment element exists (except generally applicable duties of maintenance imposed by applicable ordinance, including but not limited to snow removal and sidewalk repair) or to monitor its use by any person except for the employees, contractors and agents of HCC. This covenant shall survive the termination of the Agreement for any reason. 5. General. This Agreement is binding upon and shall inure to the benefit of the parties and the respective successors, assigns, and future transferees in title of each. This Agreement, together with any addenda or exhibits 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. This Agreement may be modified only by the mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA HAWKEYE COMMUNITY COLLEGE By: By: Quentin M. Hart, Mayor Title: 2 Page 592 of 610 Attest: Kelley Felchle STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This instrument was acknowledged before me on , 2021, by as of Hawkeye Community College. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This record was acknowledged before me on , 2021,by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 Page 593 of 610 EXHIBIT "A" Legal Description of HCC Property ORIGINAL PLAT WATERLOO WEST LOTS 1 THRU 10 BLK 12 AND ALL THAT PART OF 20 FT ALLEY IN BLK 12 LYING WLY OF THE FOL DESC CURVE: COM AT THE ELY COR LOT 10 TH S 41 DEG 07 MIN W 90 FT ALONG THE SELY LINE OF SAID LOT 10 TO SWLY LINE OF NELY 90 FT SAID LOT 10 TH N 49 DEG 14 1/2 MIN W 35.6 FT ALONG SAID SWLY LINE TH NELY 92.7 FT ALONG A 701.7 FT RADIUS CURVE CONCAVE NWLY THE CHORD FOR WHICH BEARS N 54 DEG 23 1/2 MIN E AND HAS A LENGTH OF 92.6 FT TO A PT ON NELY LINE OF SAID LOT 10 THAT IS 14.3 FT NWLY OF MOST ELY COR LOT 10 WHICH IS THE POB TH CONT ALONG SAID CURVE TO THE SWLY LINE OF LOT 1 SAID BLK 12 TO A PT THAT IS 11.4 FT N OF SLY MOST COR OF SAID LOT 1 EXC THE NWLY 4 FT IN EVEN WIDTH OF LOT 5 BLK 12 ALSO EXC COM AT ELY COR OF LOT 1 TH N 48 DEG 59 MIN 12 SEC W 4.6 FT BEING POB TH S 41 DEG 12 MIN 6 SEC W ON NWLY ROW LINE OF W 1ST 44 .80 FT TH SWLY ON NWLY ROW LINE OF W 1ST ST BEING A 701.70 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 95.3 FT LONG CHORD BEARING S 44 DEG 56 MIN 53 SEC W 95.38 FT TH N 49 DEG 3 MIN 51 SEC W 4.04 FT TH NELY ON A 697.70 FT 22 RADIUS CONCAVE NWLY AND HAVING A 95.32 FT LONG CHORD BEARING N 44 DEG 58 MIN 14 SEC E 95.39 FT TH N 41 DEG 12 MIN 06 SEC E 44.80 FT TH S Page 594 of 610 EXHIBIT `B" Encroachment Plans See attached. Page 595 of 610 CITY OF WATERLOO Council Communication An ordinance amending enforcement of fireworks. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material Motion to receive, file, consider, and pass for the first time an ordinance amending Subsections 1 and 2 of Section G, Enforcement, of Section 13, SUBJECT: Fireworks, Chapter 2, General Provisions, Title 5, Police Regulations. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By:Dave Boesen,At-Large Council member Page 596 of 610 An amendment to Subsection G of Section 13, Fireworks, Chapter 2, General Provisions, Title 5, Police Regulations, as follows: G. Enforcement: 1. Dtifing the—ammal periods in-kiehfireworks sales e allowed-, tThis section 13 shall be enforced by police o fficer-sby any ployee;who shall have authority to document violations and issue citations, and said of-fieeFs-employees shall also respond to related nuisance calls. 2. Citations for violations of 5-2-13 shall be directed to the person observed/found to have violated 5-2-13 or the owner of personal real property on which the evidence exists of violation of 5-2-13.Furthermore,where evidence of violation of the Noise Control Ordinance or Nuisance Property exists,such citations shall be written. Any person who violates or resists the enforcement of any of the provisions of this section shall be guilty of a Municipal infraction punishable by a civil penalty of "'�eh Miens are subj eet to a minimum three hundred seventy five dollar($375)fine. 3. The vendors of fireworks shall be monitored during sales periods as to type of consumer fireworks sold and to posting the mandated"Prohibitions on Use". Page 597 of 610 CITY OF WATERLOO Council Communication An ordinance repealing and reserving sections of the Dangerous Buildings Code. City Council Meeting: 5/17/2021 Prepared: 5/5/2021 ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material Motion to receive, file, consider, and pass for the first time an ordinance amendingthe e City of Waterloo Code of Ordinances by repealing Sections 1 and 2, Codes Adopted. and Amendments to Code. of Chapter 12, SUBJECT: Dangerous Buildings, Title 9, Building Regulations, and reserving the same. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By:Martin M. Petersen. City Attorney Recommended Action: Approval. Page 598 of 610 Prepared by Kelley Felchle, City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. XXXX AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTIONS 1 AND 2, CODE ADOPTED, AND AMENDMENTS TO CODE, OF CHAPTER 12, DANGEROUS BUILDINGS, TITLE 9,BUILDING REGULATIONS,AND RESERVING THE SAME. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,IOWA AS FOLLOWS: Section 1. That Sections 1 and 2, Code Adopted, and Amendments to Code, of Chapter 12, Dangerous Buildings, Title 9, Building Regulations, are hereby repealed, and the sections are hereby RESERVED. Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: ' 2021 PASSED 1st CONSIDERATION: , 2021 PASSED 2nd CONSIDERATION: ' 2021 PASSED 3rd CONSIDERATION: , 2021 PASSED AND ADOPTED this day of April 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk .3QZERt�•. O: �O W P: Page 599 of 610 CITY OF WATERLOO Council Communication Executive session regarding collective bargaining, pursuant to Iowa Code Section 20.16 City Council Meeting: 5/17/2021 Prepared: SUBJECT: Submitted by: Submitted By: Page 600 of 610 CITY OF WATERLOO Council Communication Leisure Services Commission minutes of March 9, 2021. City Council Meeting: 5/17/2021 Prepared:4/23/2021 ATTACHMENTS: Description Type Leisure Services Commission Minutes of March 9, Backup Material 2021 SUBJECT: Leisure Services Commission minutes of March 9, 2021. Submitted by: Submitted By: Page 601 of 610 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, March 9, 2021 ZOOM Conference Call This meeting was held by ZOOM conference call. Brenda Durbahn called the meeting to order at 7:30am. Present: Brenda Durbahn, Jadyn Spencer, Sharon Samec, Tom Powers, Tom Christensen, Bob Bamsey, Tim Moses, Council Liaison Dave Boesen, Charles Pearson, Sydney Czyzon - Waterloo Courier Staff: Paul Huting, Chris Dolan, Travis Nichols, Mark Gallagher, JB Bolger Absent: Todd Derifield Brenda Durbahn called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Tom Powers Ayes: All. Nays: None Brenda Durbahn called for motion for approval of the 02/09/2021 meeting minutes. Motion by Bob Bamsey to approve minutes, second by Tom Powers Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Motion by Sharon Samec to approve February bills, second by Bob Bamsey Ayes: All Nays: None ELECTION OF OFFICERS Motion by Tom Powers to nominate and elect all officers as they currently are: Brenda Durbahn as Chair, Jadyn Spencer as Vice Chair and Sharon Samec as Secretary. Paul Fluting asked for other motions, there were none. Paul asked for a second motion; motion by Bob Bamsey to approve the motion by Tom Powers, Ayes: All Nayes: None k' COMMITTEE ASSIGNMENTS Members are asked to submit the Committee Preference Sheet. The Commission Chair will make assignments after reviewing preferences. UPDATE ON IOWA AFRICAN AMERICAN HERITAGE TRAIL Charles Pearson was present to provide an update on the Iowa African American Heritage Trail with particular focus on the Highway 63 North corridor. Mr. Pearson left the meeting at 7:55am. UPDATE ON FYE 22-26 CAPITAL IMPROVEMENT FUNDING Requests of Capital Improvement Program funding totaling $3.349 million were submitted. We are awaiting word from the Planning Department on the amounts allocated for our department. E UPDATE ON FYE22 OPERATING BUDGET PROCESS Personal Services budget information has been submitted to the Finance Department. Contractual and commodities line item have been submitted within parameters set by the May and CFO. Additional funds have been requested in a supplemental memo for Forestry on-call pay ($16,136) The FYE 2022 Budget must be certified by the end of March. The final budget hearing is scheduled for Thursday, March 25t"'. Page 602 of 610 STAFF UPDATES Young Arena -- Chris Dolan March 6-7 Young Arena was the host site for K-2"d AAU Wrestling tournament. There were over 800 participants. Each wrestler was allotted four tickets for admission. The tournament was divided into two sessions per day. The Waterloo Black Hawks have twenty regular season games remaining, eleven at Young Arena, nine on the road. The Battle of Waterloo Hockey Tournament will take place March 19-21, over 200 players have registered. Replacement of the main Entrance/ South roof will begin this spring/summer. Sports and SportsPlex — Mark Gallagher SportsPlex Hosting Mercy One Vaccination Clinic throughout the week. They are trying to serve 800 people on full days. Softball and Volleyball Tourneys will be held all weekend. Still hosting UNI Football and Soccer as well as Hawkeye Community College Soccer and Track & Field. Sports Scheduling kick off meeting with Ballard King & Associates to start our Aquatics Master Planning process. Registration numbers are climbing from pandemic levels to show that demand is steadily increasing Forestry — JB Bolger Crews have removed several dead trees from each of the three golf courses. They also dropped and chunked up the large Silver Maple tree behind #7 Green at Iry Warren as part of the agreement with the developer in which the developer will remove the tree from the site. Crews have been trimming trees in the right of way and in parks. Greenbelt Lake fishing pier construction has begun. H Piles were installed on Friday and Monday. Crews also attended Pesticide Applicator training for required CEU's. Construction —Travis Nichols The construction crew has been working on general maintenance and repairs in Leisure facilities, parks and on equipment. They continue to do the winter garbage route. The unusually nice weather has allowed them to do park inspections and winter trash ' cleanup. JB covered the Greenbelt Lake Project. The piles are installed and they plan to work on abutment this week. Hope Martin shelter, the tennis center resurfacing and the shop parking lot paving are scheduled to start once the weather breaks completely. Chris Dolan covered the current roof project at Young Arena. The Riverfront Stadium electrical repair project is scheduled to be awarded on March 15th. E E I' Page 603 of 610 Golf and Downtown Area — JB Bolger • Courses could open up fairly soon- 10 day trend is for the weather to cool way back down so may wait until it warms back up. • Golf Course Crews finishing up in the main shop and mower room servicing their reel cutting units and chassis units. • Downtown Crew has been addressing crow droppings in former Happy Chef parking lot behind US Bank and Dupaco Drive up properties. Sign & Traffic installed decoys and tinsel in the trees is working to deter crows so far. • Contract mowing is out for bid. • 29 Hour per week front desk associate has been hired and will start March 19. • Town house project at 1010 Fletcher was approved at the Council level last week so four townhouses will be built on that site starting this spring. The next regular Leisure Services Commission Meeting will be held Tuesday, April 13, 2021 by conference call. Bob Bamsey made a motion to adjourn, second by Sharon Samec. Brenda Durbahn adjo r ed the eeting at 8:26am. S aron Sam , Secretary 2�1 _ ly - do Signed this Date i' E'. Page 604 of 610 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of March 24, 2021. City Council Meeting: 5/17/2021 Prepared:4/29/2021 ATTACHMENTS: Description Type ❑ Airport Board Meeting Minutes of March 24, 2021 Backup Material SUBJECT: Airport Board Meeting minutes of March 24, 2021. Submitted by: Submitted By: Page 605 of 610 MINUTES WATERLOO REGIONAL AIRPORT BOARD Wednesday March 24, 2021 I. ROLL CALL Chair Arlene Humble called the meeting to order, via Zoom, at 12:00 p.m. Board Members Present: Cary Darrah, Gwenne Berry, David Deeds, Todd Holcomb and Arlene Humble. Board Member Absent: Scott Voigt. City Officials Present: Councilmembers Margaret Klein and Ray Feuss; Adrienne Miller, Martin Petersen. Airport Staff Present: Keith Kaspari, Airport Director, and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel, AECOM; Colonel Jonathan Lartigue and Captain Rob Green, Iowa Civil Air Patrol. II. AGENDA AS RECEIVED OR AMENDED Moved by Mrs. Berry, seconded by Mr. Deeds, that the agenda be approved as received. Ayes: 4. Motion carried. III. PUBLIC COMMENTS None. IV. REPORTS A. Airport Director Mr. Kaspari asked for questions about his written report and there were none. B. Monthly Planning & Development Report—N/A C. Legislative Information—N/A D. Misc. Monthly Airport Reports Mr. Kaspari asked for questions about the monthly airport reports and there were none. 1 Page 606 of 610 V. BOARD APPROVAL A. Approval of Minutes of the February 24, 2021 Regular Meeting Mr. Deeds moved that the minutes of the February 24, 2021 meeting be approved, seconded by Mrs. Darrah. Ayes: 4. Motion carried. B. Motion to Receive and File February 2021 Expenses Mrs. Darrah moved that the February 2021 expenses be received and filed, seconded by Mr. Deeds. Ayes: 4. Motion carried. C. Kingfisher Aviation: Approval of Lease Agreement for Aircraft Storage Hangar. Mr. Kaspari stated that the lease agreement for Kingfisher Aviation is almost complete and asked for a motion to allow the Board Chair to sign the lease once final revisions are made, and the lease is deemed satisfactory by all parties. Martin Petersen, City Attorney, answered questions regarding the agreement. So moved by Mrs. Berry, seconded by Dr. Holcomb. Ayes: 4. Motion carried. VI. OLD BUSINESS N/A VII. NEW BUSINESS A. Future Lease Agreement with the Iowa National Guard for their Aircraft Taxilane / Helipads Mr. Kaspari stated that he is working with the Air National Guard to bring a decades- old ground lease current with other similar Iowa locations. B. Additional Update: Financial Report as Estimated Through June 30, 2021. Mrs. Combs asked for questions on her FY-2021 Budget with Projections through June 30, 2021, and there were none. C. Use of Hangar 4 for the Temporary Storage of One Civil Air Patrol Aircraft. Mr. Kaspari stated that he has been working with the Iowa Civil Air Patrol to provide meeting space, and now would also like to allow them to temporarily store an aircraft in the vacant Hangar 4, while improvements are being made to the hangar and office space. Colonel Lartigue and Captain Green gave an overview of their organization. Board consensus was that we would welcome them and happily assist their efforts in any way possible. 2 Page 607 of 610 VIII. STAFF AND BOARD MEMBER COMMENT Mrs. Klein asked when we plan to return to in-person meetings. Discussion followed and the consensus seemed to be that we will follow the lead of the City Council. When they return to in-person meetings, the members of the Airport Board would follow. IX. ADJOURNMENT Mr. Deeds moved the meeting be adjourned at 12:44 p.m., seconded by Dr. Holcomb. Ayes: 4. Motion carried. Respectfully submitted, Gj'�'M_e� A't m Arlene Humble, Chairperson 3 Page 608 of 610 CITY OF WATERLOO Council Communication Communication from the Waterloo Police Department on the notice of the conclusion of employment for Diana Del Valle, Police Officer, effective April 19, 2021 with recommendation of approval of payout of $23,674.14 for unused benefits. City Council Meeting: 5/17/2021 Prepared: ATTACHMENTS: Description Type Communication from the Waterloo Police Department on the notice of the SUBJECT: conclusion of employment for Diana Del Valle, Police Officer, effective April 19, 2021 with recommendation of approval of payout of$23,674.14 for unused benefits. Submitted by: Submitted By: Page 609 of 610 CITY OF WATERLOO Council Communication Communication from the Cedar Valley Sportsplex on the notice of the conclusion of employment for Michelle Davis, Fitness Specialist, effective April 16, 2021 with recommendation of approval of payout of$3,212.71 for unused benefits. City Council Meeting: 5/17/2021 Prepared: ATTACHMENTS: Description Type Communication from the Cedar Valley Sportsplex on the notice of the SUBJECT: conclusion of employment for Michelle Davis. Fitness Specialist, effective Anril 16, 2021 with recommendation of approval of payout of$3,212.71 for unused benefits. Submitted by: Submitted By: Page 610 of 610