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HomeMy WebLinkAboutCouncil Packet - 1/17/2017THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, January 17, 2017 5:30 PM CITYOF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8 Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality ofplace opportunities for the citizens of our community. General Rules for Public Participation 1. At the chair/presiders discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oralpresentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 128 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Dennis Clark, General Manager Waterloo Water Works Agenda, as proposed or amended. Minutes of January 9, 2017, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving the request of Katy Hackett for tax exemptions on the construction of home improvements, valued at $60,000, for the property located at 515 Riverside Drive, and located within the Consolidated Urban Revitalization Area (CUBA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Resolution approving the request of Samir Duraton for tax exemptions on the construction of a new single family home, valued at $300,000, for property located at 1462 South Hill Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution approving the request of Kim Griffith for tax exemptions on the construction of a new single family home, valued at $376,488, for property located at 1156 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director Page 2 of 128 5. Resolution approving the request of Drew Dana for tax exemptions on the construction of a new single family home, valued at $203,120, for property located at 1418 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving the request of Charles R. Hoecker for tax exemptions on the construction of a new single family home, valued at $203,000, for property located at 1408 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution approving the request of Maida Karajic and Mark Crawford Jr. for tax exemptions on the construction of a new condo, valued at $189,000, for property located at 710 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as February 2, 2017 and date of public hearing as February 6, 2017, for the purchase of two (2) Chevrolet Impala sedans, for the Police Investigation Division, and instruct the City Clerk to publish notice of specifications, bid document, form of contract, etc. Submitted By: Mark Rice, Public Works Director 9. Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date of bid opening as February 9, 2017 and date of public hearing as February 13, 2017, for the purchase of one (1) FWD/AWD Cargo Van, to support the Animal Control operation, and instruct the City Clerk to publish notice of specifications, bid document, form of contract, etc. Submitted By: Mark Rice, Public Works Director 10. Resolution approving cancellation of assessment for 107 Prospect Avenue in the amount of $21.71, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk B. Motion to approve the following: 1. TRAVEL REQUESTS a. Abraham Funchess, Jr., Executive Director Class/Meeting: 2017 National Community Reinvestment Coalition Annual Conference Destination: Washington, D.C. Dates: March 27-31, Amount not to exceed: $3,645.00 2017 b. Bryan Foster, Forestry Specialist Class/Meeting: Shade Tree Short Course and INLATradeshow Destination: Ames, IA Dates: February 21-23, Amount not to exceed: $270.00 2017 Page 3 of 128 2. LIQUOR LICENSES a. Club Ambassador, 313W. 5th Street Class: C Liquor New Application Includes Sunday Expiration Date: 12/15/2017 b. King Star, 2035 E. Mitchell Avenue Class: B Native Wine / C Beer New Application Includes Sunday Expiration Date: 1/17/2018 3. APPOINTMENTS a. Cigarette/Tobacco Permit New Application for ?We Got Glass, LLC DBA We Got Glass, 2166 Lafayette Street. Board/Commission: Expiration Date: 4. Recommendation of appointment of Daniel E. White, to the position of Equipment Operator I, in the Street Department, effective January 23, 2017, pending completion of pre-employment testing. Submitted By: Mark Rice, Public Works Director PUBLIC HEARINGS 2. Receipt and review of bids for sale and conveyance of certain tracts of land, formerly portions of West San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club. 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 to proceed pursuant to Iowa Code §306.23. NO BIDS RECEIVED. Submitted By: Noel Anderson, Community Planning & Development Director 3. Purchase of two (2) pickup trucks for the Building Inspection Department. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on File. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, form of contract etc. Resolution authorizing to proceed. Motion to receive,file and instruct City Clerk to read bids and refer to the Public Works Director for review. Submitted By: Mark Rice, Public Works Director RESOLUTIONS 4. Resolution approving a lease agreement with C & S Car Company for a 2017 Hyundai Santa Fe, VIN #5NMZUDLB2HH017488, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute Page 4 of 128 said agreement. Submitted By: Frank Krogh, Police Captain 5. Resolution approving Professional Services Agreement with Stuxture Architecture, for design services for flood repairs at Riverfront Stadium, in an amount not to exceed $30,000, and authorize the Mayor to execute said document. Submitted By:Travis Nichols, Facilities/Project Manager, Leisure Services ORDINANCES 6. Ordinance amending the Code of Ordinances by repealing Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property; and enacting in lieu thereof a new Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property. Motion to receive, file, consider and pass for the second time, an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property; and enacting in lieu thereof a new Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property. Motion to suspend the rules. Motion to receive, file, consider and pass for the third time and adopt said ordinance. Submitted By: Aric Schroeder, City Planner 7. Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H, and Title Seven, Chapter Three, Section Four Permits, Subsection C in its entirety and enact in lieu thereof a new Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H Contractor's Bond, and Title Seven, Chapter Three, Section Four Permits, Subsection C Contractor's Bond. Motion to receive, file, consider, and pass for the first time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H, and Title Seven, Chapter Three, Section Four Permits, Subsection C in its entirety and enact in lieu thereof a new Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H Contractor's Bond, and Title Seven, Chapter Three, Section Four Permits, Subsection C Contractor's Bond. Motion to suspend the rules. Motion to receive, file, consider and pass for the second and third times and adopt said ordinance. Submitted By: Eric Thorson, City Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS Page 5 of 128 4:30 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. Community Development Board Meeting Minutes December 2016. Page 6 of 128 CITY OF WATERLOO Council Communication Minutes of January 9, 2017, Regular Session, as proposed. City Council Meeting: 1/17/2017 Prepared: REVIEWERS: Department Reviewer Action Date (,'k°rk. t=Ao.. ll10 lhy N1rncy Appmvcd /6/20 "/ ... i0,1) AM ATTACHMENTS: Description Type a Miu�1urtcs of"aiinuuury 9 20 "/ 1 1Lk.0 Submitted by: Submitted By: uteri Page 7 of 128 111. Vl411.11 Vl Lll. V1 LJ Vl V1 WL.11VV, 1V VV W, 111.L 111 1\. ,L41W1 41.331V11 WL 11W1 V1LA L. V.LLJ ''_!L411)11 ._11U111l1V1 U, Waterloo, Iowa, at 5:30 p.m., on Monday, January 9, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Absent: Lind Prayer or Moment of Silence: Rev. Jae Hee Lee of St. Paul's United Methodist Church Pledge of Allegiance: Daniel Trelka, Chief of Police. 145926 - Welper/Schmitt that the Agenda, as amended, by deleting the Terry Pearson Stevens recommendation of appointment from the Board and Commissions Committee, to allow for further discussion, and adding a Travel Request by Steven Hoambrecker, Director Waste Management Services, for a meeting at the Iowa Water Environment Association in Ankeny, Iowa, January 31 through February 1, 2017 with an amount not to exceed $335.00, for the Regular Session on Monday, January 9, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. 145927 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 3, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried. Mayor Hart read a Proclamation declaring January 2017 as National Mentoring Month. Mayor Hart read a Proclamation to Join in National Observance of Dr. Martin Luther King, Jr.'s Birthday January 16, 2017. Mayor Hart performed the swearing in of three (3) Waterloo Fire Rescue Recruits; Greg Freshwater, Kyle Wilkins and Andy Dahlhauser. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, questioned if Fire and EMT are full service, commented on the criticism he received for comments he made last week regarding economic development, and commented on Cedar Falls releasing more TIF money. Pat Treloar, Fire Chief, commented that the departments are fully staffed. 145928 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA 145929 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 9, 2017, in the amount of $2,898,841.25 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017-13. 2. Resolution setting date of public hearing as January 23, 2017, to approve a request by Bertha b. Maintenance Equipment, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-15 4. Resolution approving preliminary plans, specifications, form of contract, etc., and setting date of bid opening as February 2, 2017, and date of public hearing as February 6, 2017, for the FY2017 Permeable Alley, Contract No. 905, and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Resolution adopted and upon approval by Mayor assigned No. 2017-16 5. Resolution approving the cancellation of special assessments for properties listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Resolution adopted and upon approval by Mayor assigned No. 2017-17 Motion to approve the following: 1 a. 2. a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Steven Hoambrecker, Director Waste Management Services 2017 Iowa Water Environment Association Ankeny, IA Jan 31 - Feb 1, 2017 $335.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Liquor & Tobacco Outlet, 2844 University Avenue B Wine / C Beer / E Liquor Renewal 1/31/2018 X HyVee Gas #2, 2221 Logan Avenue C Beer Renewal 1/2/2018 X Hampton Inn, 2034 LaPorte Road Special C Liquor Renewal 1/31/2018 X Special C Liquor C Liquor Renewal 10/28/2017 X XO Food & Liquor, 428 Franklin Street B Wine / C Beer / E Liquor Renewal 12/14/2017 X 3. Fireworks Display at the Cattle Congress on January 21, 2017 from 9:15 pm - 11:15 pm in conjunction with the Hairball Concert. 4. Cigarette/Tobacco/Nicotine/Vapor Permit Application for King Star, 2035 E. Mitchell Avenue. Roll call vote -Ayes: Six. Motion carried. PUBLIC HEARINGS 145930 - Schmitt/Welper that proof of publication of notice of public hearing on the opportunity to be heard regarding the sale of certain tracts of land formerly being portions of West San Marnan Drive, located adjacent to Sunnyside Country Club, as published in the Waterloo Courier on December 22, 2016, be received and placed on file. Voice vote -Ayes: Six. Motion carried. RESOLUTIONS 145932 - Morrissey/Welper that "Resolution approving an agreement with MidAmerican Energy Company for electrical distribution services along Wagner Road, in an amount of $2,750.44, and authorize the Mayor to execute the same", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-18. 145933 - Morrissey/Welper that "Resolution adopting the Record Retention Manual for Iowa Cities as the records retention schedule of the City of Waterloo, Iowa and establishing electronic imaging and destruction of records", be adopted. Roll call vote -Ayes: Six. Motion carried. Mayor Hart requested an overview of the item. City Clerk, Kelley Felchle, explained that the Iowa League of Cities has produced a Records Retention manual which the City of Waterloo has already been using, and wishes to formally adopt, as have many cities throughout the state of Iowa. Ms. Felchle also shared the process used for electronically managing documents, making them available for all city staff and the public. Mr. Jacobs asked about time frame requirements to retain both paper and electronic documents. Ms. Felchle clarified that there are varying schedules depending on the type of record. Resolution adopted and upon approval by Mayor assigned No. 2017-19. 145934 - Morrissey/Welper that "Motion approving Change Order No. 1 for a net decrease of $132,347.44 for the F.Y. 2017 Sidewalk Repair Assessment Program - Zone 6, Contract No. 909, and authorize the Mayor and City Clerk to execute said document.", be adopted. Roll call vote -Ayes: Six. Motion carried. David Dryer, 3145 W. 4th Street, questioned clarification of the decrease. Eric Thorson, City Engineer, explained that the decrease was within the zone and nothing will carry over. 145935 - Amos/Schmitt that "Resolution approving completion of project and recommendation of acceptance of work for work performed by Midwest Concrete, Inc., of Peosta, Iowa, at a total cost of $214,776.00, for the F.Y. 2017, Sidewalk Repair Assessment Program - Zone 6, Contract No. 909, and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-20. 145936 - Amos/Schmitt that "Resolution approving Supplemental Agreement No. 2, with AECOM of Waterloo, Iowa, in the maximum amount payable of $34,000.00, for construction related services, for the FY 2016 West 2nd, Cedar and West 3rd Streets Improvements, Contract No. 912, and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-21. adopted. Roll call vote -Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-22. ORDINANCES 145938 - Schmitt/Welper that "an Ordinance amending the Code of Ordinances by repealing Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property; and enacting in lieu thereof a new Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt commented that he received calls from citizens stating that they are confused about the item. Aric Schroeder, City Planner, explained that the city has been working to bring bus benches up to compliance with Americans with Disabilities Act (ADA). He further explained that 150 benches currently exist and some have been identified as non-compliant, not on a bus route, etc. He further explained the changes to the ordinance. Mr. Schmitt questioned who determines which benches will be replaced. Aric Schroeder explained that ultimately the council does, based on those identified as priority. Mayor Hart commented that the city has been working with MET Transit on the process. Mr. Schmitt questioned how many benches will be replaced. Aric Schroeder explained that approximately 50-60 will be replaced in phases based on the benefit to MET Transit customers. Mr. Schmitt questioned where the funding for the proj ect will come from. Aric Schroeder explained that monies have not yet been identified for the entire project and that MET Transit has some funding, etc. Mr. Schmitt questioned if suspending the rules is needed tonight. Aric Schroeder explained that he has been working with the City Attorney's office on a plan submitted to the Department of Justice (DOJ) and that they are hoping it could be approved tonight but if not it should not create issues with DOJ. Mr. Schmitt questioned if the requirements could go away with a change in the administration. Aric Schroeder explained that it would be hard to speculate. Mayor Hart commented that there are some of the benches are not in the best condition, and some that require grading. Regardless of a change in administration, there are still some things that we need to do to get them in order so that we can provide our citizens with a clean and safe bench to utilize. Mr. Jacobs questioned the total number of benches the city owns. Aric Schroeder explained that the city owns approximately 150. work would not be uniform due to the fact that each location has different features to work with to make it ADA compliant. Mr. Jacobs questioned what other cities are doing. Aric Schroeder explained that the city would not need all 150 and that most are serving an advertising function rather than a MET Transit rider function. The number needed as a minimum is still up for debate. Mayor Hart commented that a few weeks ago, staff did assess the 50 or so benches in an effort to track the most used sites. It is possible that the number may come down a little bit as we move forward. Mr. Schmitt questioned if some benches exist on routes that are no longer in use. Aric Schroeder commented that 29 would need to be removed in the immediate future. Mr. Morrissey questioned if the bus benches are part of the Pedestrian Master Plan. Aric Schroeder questioned if he is referring to the Pedestrian Master Plan being developed by INRCOG. Mr. Morrissey confirmed. Aric Schroeder explained that he believes bus benches are most likely included but he does not know to what extent. David Dwyer, 3145 W. 4m Street, questioned if the city will receive advertising revenue from the benches. Mayor Hart confirmed that it is the goal. 145939 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: (Jacobs, Schmitt) Motion failed. 145940 - Morrissey/Amos that "Code of Ordinances by amending the 2008 Traffic Code by adding Subsection (130a), Iowa Hwy 21, (Hawkeye Road), at Shaulis Road, A Full Actuated Push Button Pedestrian Signal, to Section 540, Obedience to Official Traffic -Control Devices", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt stated he did get a call regarding the funding for this. Sandie Greco, Superintendent of Traffic, explained that this was 50% DOT funds and 50% city funds drawn from the 2015 G.O. Bond funding. 145941 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried. Mr. Schmitt asked if the urgency of the rule suspension is due to safety. Sandie Greco confirmed. Ordinance adopted and upon approval by Mayor assigned No. 5382. ADJOURNMENT 145943 - Welper/Schmitt that the Council adjourn at 6:23 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Resolution approving the request of Katy Hackett for tax exemptions on the construction of home improvements, valued at $60,000, for the property located at 515 Riverside Drive, and located within the Consolidated Urban Revitalization Area (CURA). City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department ar�rnr�:; ( Za)naiF a Reviewer Schroeder, Aric E\/en, ATTACHMENTS: Description a 5 Q 5 Riverr ,ide Drive Ai> SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: ;ation Action approved Apprc ved Type Date 1/11/2017 ... 1O,21. AM Q / l l /2017 11:12 A[vQ Resolution approving the request of Katy Hackett for tax exemptions on the construction of home improvements, valued at $60,000, for the property located at 515 Riverside Drive, and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director Resolution approving CURA application from Katy Hackett for the construction ofhome improvements located at 515 Riverside Drive, Waterloo, Iowa 50703, Valued at $60,000 and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. N/A N/A CURA N/A N/A CEDAR RIVER PARK LOT 1 BLK 4 N 1/2 LOT 2 BLK 4 AND STRIP OF EQUAL WIDTH EXTENDING TO RIVER AND SELY 1/2 OF VAC Page 14 of 128 Legal Descriptions: NORWOOD AVE LYING BETWEEN CEDAR RIVER AND WLY ROW OF RIVERSIDE DR AND NLY 1/2 OF VAC NORWOOD AVE LYING BETWEEN THE CEDAR RIVER AND WLY R -O -W OF RIVERSIDE DR IN SEC 15 T 89 R 13 Page 15 of 128 CONSOLIDATED URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS LJNDIR THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THF CITY COUNCIL OF THE CITY OF WATERLOO. TIic Consolidated Uiban Revitatizt1ioa Aren (CUBA) allows property tnx cxempilons on improvements to property located within its boundaries thnl nieet the following criteria: 1. At least a 10% Improvement 10 the value of the residential property.. At least a 15% iinpiovemeat to the value of commercial property if building was previously on the site. II'commercial pi'apei(y was previously vacant, all acttiat value added by the iinprovernents is eligible for tax exemption. 2, Be located within the CUBA boundaries (a map of which can be obtained from the City of Waterloa Connntwity Ptaniiing & Development Department,) 3 This application must be filed with City prior 10 the 1 vorkng day of February fotiowing the year when the improvements are cotnpteted 10 comply with the timeline of the Sthtc Code of Iowa, Section 404.4 unnumbered paragraph 2, However; a single application may be filed upon conupletiori of an entire project requiring more thnn one year to construct or complete, providing prior approvnl has bcc granted by the City Council or County Board of Supervisors. Please fill out the t NAME: ADDRESS: TELEPHONE: owing iiifoi'tnatioii for your application to be submitted to the City Council, SIGNATURE r, fry - dS DATA; A. \Vhni is the Address of the property being improved? J 5 j What Is the LcgalDescriplion of the prop C0ULthotlse)? 5e ? (May be nvallable at County Recorder's Office on 2 floor' of the 13 Indicate desired exemption schedule: (1 or 2) 1. One Hundred Pcrccnt(100%) exeniption for three years on the uctiat value added by improvements; 2. IIIII A partial exemption on the actual value added by improvements according to the following schedule: a. First Year ----------80%© b. Second Year 70% c, Third Year 60% d. Fourth Year -------50% c. FiflhYear---------40% f. Sixth Year .---40% g. Seventh Year ------30% li. l3ighth Year 30% i. Ninth Year 20% j. Tentli Year 20% C. Whaleer was Ibe iiatut(2fD nprovenie1(s)H O(Y4(iY cV)ifl1$ (L t9i +its rr t h'i LC{cu± tti' D, City of Waterloo Bnilding niid inspections 1DepaiInent Itiforrnalio Penn it Date permit was 'issued: / i Total pennit(s) valuntio E. What was the cost of the improvement? 0 ) F. Estimated 01 actual date of completion of these improvements? O. if this is not a singe -family dwelling unit, which you own and reside in, will these irnprovernents create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: ACK HAWK COUNTY ASSESSOR APPROVED DAT1D: DEN IED Taini McFarland Stack. Hnwk County Assessor Note: The improvements to your hoinc or business inny not change the assessed vaino. Note: City Council approval docs not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Page 16 of 128 CEDAR RIVER PARK LOT 1 BLK 4 N 112 LOT 2 BLK 4 AND STRIP OF EQUAL WIDTH EXTENDING TO RIVER AND SELY 112 OF VAC NORWOOD AVE LYING BETWEEN CEDAR RIVER AND WLY ROW OF RIVERSIDE DR AND NLY 112 OF VAC NORWOOD AVE LYING BETWEEN THE CEDAR RIVER AND WLY R -O -W OF RIVERSIDE DR IN SEC 15 T 89 R 13 Page 17 of 128 p CITY OF WATERLOO Coundil Commumcation Resolution approving the request of Samir Duraton for tax exemptions on the construction of a new single family home valued at $3,00,000, for property located at 1462 South Hill Drive, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department a:rri:r: ('. )L1F ATFACHMENTS: Description l:i ( URA H62 S SUBJECT: Submitted by: Recommended Action: Summary Statement: t Expenditure Required: Source ofFunds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer SChroeder,.Arlc E\er, e Dolication Action pproved A;pprcved Type Date 1/11/2017 10:12 .A.M 1/11/2017 11:11 AM Resolution approving the request of Samir Duraton for tax exemptions on the construction of a new single family home, valued at $300,000, for property located at 1462 South Hill Drive, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: NoelAnderson, Community Plamiing & Development Director Resolution approving the CLURA application from Samir Duraton for the construction ofa single family home located at 1462 South Hill Drive, Waterloo, Iowa 50701, valued at $300,000 and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staffhas reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Grangers Addition Lot 7 Page 19 of 128 For Office Use OnIy Date Received: ?' /4t;() Received by: Staffto make a1rhppIieant CITY LTh'HTS URI3AN REVITALIZATION APPLLCATION kPPLICATION IFOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLJNGS U1'1DER THE PROVISIONS OF THE CITY LJMITS URBAN REVITALIZATION AREA PLAN A]DOPTED BY THE CITY COUNCJL OF TFJE CITY OF WATERLOO The City Limits Urban RcvitalizationArea (CLURA) is a 3 -year 100% property tax exemption on the actual value added for new constructiori one or two family dwellings (single farnily homes or duplexltwin homes only) that meet the following crieria: 1. Be located within the CLURAbouridaries (a map ofwhich can be obtained from the City ofWatedoo Community Plamiing & Developrnent Department.) 2. This application must be filed with, City prior to the 1 working day ofFebruaiy foFlowing the year when the improvements are compileted to comply with the timeline of the State Code of Iowa, Section 404.4 umiumbered paragraph 2. However, a single application may be ffled upon completion of an entire project requiring more than one year to construct or complete, pioviding prior approval has been granted by the City Council or County Board of Supervisors. Please fihl out the foliowing information for your application to be submitted to the City Councii. Projects started prior to the adoption date ofJuLy 18, 2011 do not qualify. NAME: AIDRESS: TELEPHONE A. .SIGNATURE: '1ii A'11bV2 ( vlIe;? )o ,f) (St) v j DATE: );,. tk k» /j)- 7c) What is theLegal Description ofthe property? (May iie available at County Recorder's Office on 2" floor ofthe Courthouse) /_ o What is the A ddress of the property being irnproved? 4 B. What was thnature of the irnprovement(s)? (must be single family homes or dupexJtwin hornes to qualify) i--v'i ) i () / C. City of Waterloo Buildirig and Inspections Department fnformation: Permit Number: '3(iL Date pernhit was issued: D. What was the cost ofthe new construction? 000 Total perrnit(s) va1uation: 3O/ O)O E. Estimatecl or actual date ofcornpletion ofthis new construction? Note: City Council approval does not guarantee tax exemptions The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria e!igibi!ity, CITY OF WATERLOO OFFICE USE ONLY APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUITYASSESSOR OFFICE USE ONLY APPRQVFD DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor 2C) Page 20 of 128 $ 1462 Southhill Drive Marnan Drive reeu CITY OF WATERLOO Coundil Commumcation Resolution approving the request of Kim Griffith for tax exemptions on the construction ofa new single family home, valued at $376,488, for property located at 1156 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department a:rri:r: ('. )L1F ATFACHMENTS: Description l:i (IiL.lURA. •1l56 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer SChroeder,.Arlc E\er, :ne Ai>olication Action pproved A;pprcved Type ,ck:u Date 1/1 1/2»O 17 •i/•i l/2»O 17 10 .A.M :08 AM Resolution approving the request of Kim Griffith for tax exemptions on the construction ofa new single family home, valued at $376,488, for property located at 1156 Partridge Lane, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: NoelAnderson, Community Plamiing & Development Director Resolution approving the CLURA application from Kim Griffith for the construction ofa single family home located at 1156 Partridge Lane, Waterloo, Iowa 50701, valued at $376,488, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staffhas reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Audubon Heights Sth Addition Lot 20 Page 22 of 128 11OQ 1 C1TY LIMITS URBAN REVJT4nON.M'PUAJFION ___ ____ FOR PROPERTY TAX EXEMPTJI5I4 FOR CONSTRUCTION OFEW 0N19. OR TWO FAMILY DWELLINGS UNDER THE PRO'flI'S OIi CITY LIMITS UPkN., REVITALIZATION AREA PLAN ADOPTEI3Y TUE CITY COUNCflOF THE CTY O WATERLOO ( The Cfty LimiIs Urbn Revita1zation Area (CLURA) ul!ows property ernptions for nWIy conslructed one or Iwo fnil" dwellitigs (single family homes ar duplexitwin homes) lhat mect Ihe fol , 1. Be Iocated witliin the CLIJTtA boundaries (a map ofwhich can be obtainda kthiThe City ofWaterko Communiy Phinning & Development Departrncnt.) 2, This applicalion must be filed with City pior to the 1' working day ofFebruaiy fuliowing thc year when tlic improvernents are cornpleted 10 eompty with the tiineline ofthe State Code oflowa, Section 404.4 uirnumbered paragraph 2. Ilowever, a single apptication may be filed upon conipletion ofan entire project requlring more than one year to construct or complete, providing prior approval has been grantcd by thc City Couneil or County Board ofSupervisors. Please 1111 out the foltowing inforniation for your applicEition to be siibrnitted to the City Cotincil, kIVY\ SIGNATURE: ADDRESS: )OJ 0 TELEPHONE: 'J (Al 1 / / 0 DATE: A What is the ,lddn'ss ofthe properly being improved? i ' U d 'i - What is thc LegalDescription ofthe property? (May be availablc at County Rccorder's Office on 2' iloor ofthe Cowlhousc) 1) t\g 11 (1) c 13. \Vhat was ihe nanuc of the unprovement(s)? (niust be siugle family homes or duplexltwin homes to quahfy) 1 1 C. City ol V1ater1oo Ruilding and Jnspections 1)epai tneiIl inforruation: Perrnit Nuniber: 2 i flLL� /ate permit was issued: D. Whal was the cost of ihe new coiisliuction? ' / Tolal perrnil(s) valuation, - E Estinnited or actua] dale ot cOnpIcLion of lhis nev construction? _] (2) CITY OF WATERLOO 1 1 i A P PROVED flFNI11) DATED. RESOLUTION NO: BI,ACK IIAWK COUNTYASSESSOR APPROVED DATEI). 1,ni fvlcFar!an d DENI ED Black 1 lawk (ouilty Assessoi Note: City Cuuncil approval does not guaratiiee iax exellplions flic applicatiou nii.isl be revwwed and approved by the Black 1 lavk (ounty Assessoi 's Offlcc toi critei ia elighiIiy 1 Page 23 of 128 CITY OF WATERLOO Coundil Commumcation Resolution approving the request of Drew Dana for tax exemptions on the construction ofa new single family home, valued at $203,120, for property located at 1418 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/17/2017 Prepared: 1/11/2017 REVIEWERS: Department •rri:r: & 2yri:r ATFACHMENTS: Description (I1.iRA. •i1.18 F[urnriu SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Policy Issue: Alternative: Background Information: Reviewer SChroeder,.Arlc iEtyiberger, Seth Sc.hroeder,.Aric E\er, ihfrd A;pplication Action Rejected pproved pproved A;pprcved Type Date 1/11/2017 ... 9..8 .A.M 1/11/2017 10:13 .A.M 1/11/2017 10:31...M 1/11/2017 11:07 AM Resolution approving the request of Drew Dana for tax exemptions on the construction ofa new single family home, valued at $203,120, for property located at 1418 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: NoelAnderson, Community Plamiing & Development Director Resolution approving the CLURA application from Drew Dana for the c onstruction of a new single family home loc ated at 1418 Hummingbird Circle, Waterloo, Iowa 50702, valued at $203, 120, and authorize the Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staffhas reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Page 25 of 128 Legal Descriptions: Crossroad Estates Replat No. 1, Lot 76 Page 26 of 128 CITY LIMITS U AN REVITALIZATION APPLICATION FOR PROt'EtrY TAX EXEMPTJON FOR CONSTRUCTION OF NEW ONE Ok TWO FAMILY DWELUNGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVJTALJZATION AREA PLAN AIJOPTED BY THE CITY COIJNCIL OF T1 -IE CITY OF WATERLOO. The City Limils Urban RcvitaIizaton Area (CLURA) ollows proer1y tax excmptions foi newly constructcd one or two farnily dwellings (singlc farnily hornes or duplexltwin homes) that ineei the foliowing criteria: Be Ioeated wit1iii lhe CLIJRA boundaries (a inap ofwhich can be obtained from the City ofWaterloo Community Panning & Developrnent Dcpartment.) 2. This application nust be filcd with City prior 10 Ibe working day of Februaiy foliowing Ihe year when ilie improvements are cornpleted to comply with Ihe tirneline of the State Code of Eowa, Setion 404.4 utimimbcred paragraph 2. 1-lowever, a single application may be filed upon compleuon ofan entire project requiring niore Ihan one year 10 construct or cornplete, providing prior approval hasbeen granted by thc City Councii or County Board of Supervisors. NAME: ADDRESS: he foliowing in br your apptication to be snbmined to the 3iq -. SIGNATURE: DATE: A. What is the Addrexs of the pi-operty being improved? \ 'i j y lo ( What is the Legal Dcscipion ofthe property? (May be available at County Rccordcr's Office on floor ofihe Courtbouse) _1_pt T) 13, Vhatwzis the nature of the inipiovemeni(s)? (inust be single family howes or dupiex/Iwin hoiucs lo qualify) ( C, City of' \.'ateiIoo Buiding and Iiispectioris Departnwnt Inforniation: Perrnit Nuinber: .o iO ODaie Iernul was issued. IJT 2.. 3. 1i Total perrnit(s) valitition: D. \VIot was tlie cosl ofthe new consc.ruct,on? lO3Xlo E. Estiniacd or actual date of conipletion of ibis new cunstruction? OF APPROVED DENIET) t L4 DATED: RESOLUTION NO; I3LAC'K IIAWK COUNTYASSESSOR APPROVEf) DATEI). I)ENI El) Taui N'lcFarlal t3hick 1 Iawk (ounly Asses'or Note: Cily ('ouncd approval does not guarantee tax eXempUonS. The application nuisl be reviewed and approved by the Back tavk Cotiiuy Asscssor's Oftcc for croerla cligibilily Page 27 of 128 CITY OF WATERLOO Coundil Commumcation Resolution approving the request of Charles R. Hoecker for tax exemptions on the construction of a new single famiy home, valued at $203,000, for property located at 1408 Hummingbird Circle, and located in the City Limits Urban RevitalizationArea (CLURA). City Council Meeting: 1/17/2017 Prepared: 1/11/2017 REVIEWERS: Department a:rri:r: ('. )L1F ATFACHMENTS: Description Ei (2LltJ R.A. 11.0 Fiun SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer SChroeder,.Arlc E\er, glhfrd (Ifrcie A;pplication Action pproved A;pprcved Type I.esoiution •i..ette•ilT Date 1/11/2017 10:09.A.M 1/11/2017 11:06 AM Resolution approving the request of Charles R. Hoecker for tax exemptions on the construction ofa new single famiy home, valued at $203,000, for property located at 1408 Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: NoelAnderson, Community Plamiing & Development Director Resolution approving the CLURA application from Charles R. Hoecker for the construction ofa single famiy home located at 1408 Hummingbird Circle, Waterloo, Iowa 50702, valued at $203,000, and authorize Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staffhas reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Crossroad Estates Replat No. 1, Lot 79 Page 29 of 128 CITY LJMITS URJ3AN REVJTALIEZATION APPLJICATI�N FOR PROPE1TV TAX EXEMPTJON FOR CONSTRUCTLON OF NEW ONE OR TWO FAMILY DWELLINGS tJNDER TFIE PROVISIQNS OF THE CITY LIMU'S URBAN fl REVITAL1ZATIONAJA PLAN ADOVTED BY THE CJTY COUNCIL OF TH1TY OF• WATERLOO. The City Limits Urban Revitalization Area (CLURA) llows property tax exemptions for newly constructed one or two thniyY dwellings (singte family homes or duplexltwin homes) that niect the foflowing criteria: 1. Be ocated within the CLURA boundades (a map ofwhkh can be obtained from the City ofWaterloo Coznmunity Planning & Development Depai Liiient.) 2. This application must be filed with City prior to the 1' working day ofFebruary following thc year when the improvements are completed to comply with the tinieline of the State Code of Iowa, Sectiori 404.4 unnurnbered paragraph 2. FIowever a single appication may be filed upon cornpletion ofan entire project requiring more than one year to construct or cornplete, providing prior approval has been granted by the City Council ar County Board ofSupervsors. Please fill out the foliowing inforrnation for your appflcation to be submitted to the City Council, NAME: ADDRESS: /0,. , * TELEJ'HONE: 3/', 6/0 7 SIGNATLJRE: DATE: A. What is theAddress ofthe property being irnproved? 9 ft'i,vii ri 121 i -.,j Ck- What is the LegalDescrjptjo,, ofthe property? (May be available atCounty Recorder's Office on 2 floor ofthe Courthouse) B. What was the nature of the improvenlenl(s)? (tnust be single family hornes or dup1exJtwji hoincs to qualify) C. City ofWatt-loo Building and lnspectious Department Jnforniation: Pcrmit Nuniber: 0]atc perinil was issued: (g 7- D, What was the cost of the new constructjon? -z 0 V (.0 Total permul(s) valuatiou: j S g1 j � E. Estimatcd or actual date ofcornptetton ofthis new constructon? 1 1 ? (2 / &c CITY OF WATERLOO APPROVED DENIEE) DATED: RESOLUTION NO: BLACK I-!AWK COUNTYASSESSOR APPROVED DATED: DENI ED Tarni MCFaIfan(I Btack IIawk Coiinty Assessor Note: City Council approval does not guarantee tax exemptions. The application nius be reviewed and approved by the Bkick 1 Jawk County Assessors Office for eriteria eligibility. Page 30 of 128 Hummingbird Circle 1408 Hummingbird Circle Hummingbird Circle » CITY OF WATERLOO Coundil Commumcation Resolution approving the request of Maida Karajic and Mark Crawford Jr. for tax exemptions on the construction ofa new condo, valued at $ 189,000, for property located at 710 Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA). City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department a:rri:r: ('. I)I Reviewer SChroeder,.Arlc E\er, ATFACHMENTS: Description Ei (Li RA. 710 (irindstone SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Policy Issue: Alternative: Background Information: Legal Descriptions: olication Action pproved A;pprcved Type Date 1/11/2017 10:1 1.AM 1/fl/2O17 Resolution approving the request of Maida Karajic and Mark Crawford Jr. for tax exemptions on the construction ofa new condo, valued at $ 189,000, for property located at 710 Grindstone Circle and located in the City Limits Urban RevitalizationArea (CLURA). Submitted By: NoelAnderson, Community Plamiing & Development Director Resolution approving the CLURA application from Maida Karajic and Mark Crawford for the construction ofa new condo located at 710 Grindstone Circle Waterloo, IA 50702, valued at $ 189,900, and authorize the Mayor and City Clerk to execute said documents. The Planning, Programming, and Zoning Commission staffhas reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to the residential property under the City Limits Urban Revitalization Area Plan. N/A N/A CLURA N/A N/A Prairie Meadows Estate Addition Lot 2 Page 32 of 128 For Office Use Onty Date Received: tff' Receivedby: Staffto make a copy for applicant CITY LIMITS URBAN REVITALIZATIION APPLICATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELL]NGS TINDER THIE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THIE CITY COUNCTL OF THE CITY OF WATERLOO. The City Limits Urban Revitafization Area (CLJ.JRA) is a 3 -year 1 0O% property tax exemption on the actual value added for new construction one or two family dwellings (single family homes or dup[ex/twin bomes only) that meet the following criteria: 1. Be located within the CLIJRA boundaries (a map ofwhich can be obtainect from the City of Waterloo Commiinity Planning & Development Department.) 2. This application must be filed with City prior to the 1 working day ofFebruary followirig the year when the improvements are completed to compty with the timeline ofthe State Code oflowa, Section 404.4 umiumbered paragraph 2. However, a single application may be ffled upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. rpiease fihl out the following information for your application to be submitted to the City Council, Projects started prior to the adoption date of July 18, 2011 do not qualify. 1 /fl// 2C{ NAME; 1 / 4 / V(/ SIGNATURF: ADDRFSS: J_f 12 (1_ ( TELEPHONE; A. What is the Address of the property being improved? DATE: i/ 9 110 Wbat is the Legal Description ofthe property? (May be available at County Recorder's Offlce 011 2 floor ofthe Courthoiuse B. What was the nature,of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) ) 1t)7- Coic" C. City of Waterloo Building and [nspections Department Infonnation: Pennit Number: Date permit was issued: ( (, Total permit(s) valuation: D. What was the cost ofthe new construction? /5C )9V() E. Estimated or actual date ofcompletion ofthis new construction? a 'i/ Y) 1 Note: City Council approval does not guarantee tax exemptions. The application rnust be reviewed aiid approved by the Black Hawk County Assessor's Office for criteria etigibility. CITY OF' WATERLOO OFFJCE USE ONLY APPROVED DBNIED DATED: RESOLUTION NO: BLACK HAWK COUNTYASSESSOR OFFICE USE ONLY APPROVED DENLED DATED: T,J. Koenigsfeld Black Hawk County Assessor Page 33 of 128 710 Grindstone Circle Hummingbird Circle flp WM CITY OF WATERLOO Coundil Commumcation Resolution approving preliminary specifications, bid document, form ofcontract, etc. and setting date ofbid opening as February 2, 2017 and date ofpublic hearing as February 6, 2017, for the purchase oftwo (2) Chevrolet Impala sedans, for the Police Investigation Division, and instruct the City Clerk to publish notice of specifications, bid document, form ofcontract, etc. City Council Meeting: 1/17/2017 Prepared: 1/11/2017 REVIEWERS: Department .ic \\Tork:s T)ei>arttnent SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Reviewer R.ice, V[ark: 13\er, Action pproved A;pprcved Date 1/11/2017 9:05 .A.M 1/11/2017 10:1.8 AM Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date ofbid opening as February 2, 2017 and date ofpublic hearing as February 6, 2017, for the purchase oftwo (2) Chevrolet Impala sedans, for the Police Investigation Division, and instruct the City Clerk to publish notice ofspecifications, bid document, form ofcontract, etc. Submitted By: Mark Rice, Public Works Director Recommend Approval This purchase was programmed and funds provided in the Capital Equipment Budget. These vehicles wffl replace one vehicle meeting the standards established in the vehicle replacement schedule and the other replacing a sedan involved in a non -economically repairable accident with un- insured motorist. Estimate: $23,500 each 416-11 - 1100-2117 415-11 - 1100-2117 Page 35 of 128 CITY OF WATERLOO Coundil Commumcation Resolution approving preliminary specifications, bid document, form ofcontract, etc. and setting date ofbid opening as February 9, 2017 and date ofpublic hearing as February 13, 2017, for the purchase ofone (1) FWD/AWD Cargo Van, to support the Animal Control operation, and instruct the City Clerk to publish notice ofspecifications, bid document, form ofcontract, etc. City Council Meeting: 1/17/2017 Prepared: 1/11/2017 REVIEWERS: Department .ic \\Tork:s T)ei>arttnent SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Reviewer R.ice, V[ark: 13\er, Action pproved A;pprcved Date 1/11/2017 9:11..A.M •1/i 1/2017 . 5 AM Resolution approving preliminary specifications, bid document, form of contract, etc. and setting date ofbid opening as February 9, 2017 and date ofpublic hearing as February 13, 2017, for the purchase ofone (1) FWD/AWD Cargo Van, to support the Animal Control operation, and instruct the City Clerk to publish notice ofspecifications, bid document, form ofcontract, etc. Submitted By: Mark Rice, Public Works Director Recommend Approval This purchase will provide a reliable, serviceable vehicle for Animal Control Officers to perform their day to day duties in the community. The City will be responsible for 1/2 ofthe total cost of said vehicle with an approved and accepted grant from the Black Hawk County Gaming Association providing 1/2 ofthe cost. Estimated expense to City: NTE $ 15,000 GO Bond Funds Page 36 of 128 CITY OF WATERLOO Coundil Commumcation Resolution approving cancellation of assessment for 107 ProspectAvenue in the amount of$21.71, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 1/17/2017 Prepared: 1/11/2017 REVIEWERS: Department Reviewer Action Date ( .sk O ilL.. 1 oplhy NmLy Appmvd / /20 / 3 2 P M SUBJECT: Resolution approving cancellation of assessment for 107 ProspectAvenue in the amount of S21.71, and authorize City Clerk to notif Black Hawk County Treasurer of said cancellation. Submitted by: Submitted By: Kelley Felchle, City Clerk Recommended Action: Approve Summary Statement: Property was assessed in error. Page 37 of 128 CITY OF WATERLOO Coundil Commumcation Recommendation of appointment ofDaniel E. White, to the position ofEquipment Operator 1, in the Street Department, effective January 23, 2017, pending completion ofpre-employment testing. City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department Reviewer ic \Vork:s T)epart.rnent Rice, V[ark: fl ATFACHMENTS: Description D Job Description SUBJECT: rator 1 Action Date pproved 1/10/2017 1 ft26 .A.M ApprovLd /20 / O 29 AM Type Recommendation of appointment ofDaniel E. White, to the position of Equipment Operator 1, in the Street Department, effective January 23, 2017, pending c ompletion of pre-employment testing. Submitted by: Submitted By: Mark Rice, Public Works Director Recommended Action: Recommend Approval Summary Statement: Expenditure Required: Source ofFunds: This appointment filis a vacancy in the Street Department due to a retirement. The request to fffl this position was approved by the Personnel Requisition Committee on 12-22-2016 and approved by the Human Resource Committee on 1-9-2017. $24.38 per hour $50,720 per year $27,424 per year benefit (assuming famiy coverage) Road Use Tax Funds 266-19-7100-1111 Page 38 of 128 DEPARTMENT SALARY FLSA CIVIL SERVICE BARGAINING UNIT EQUIPMENT OPERATOR 1 STREET $22.79 beginning rate; $23.79 after 4 -month probation NON-EXEMPT INCLUDED MUNICIPAL EMPLOYEES LOCAL #353 GENERAL STATEMENT OF DUTIES Performs semi -skilled construction, street maintenance and labor functions such as pot hole patching, oiling, shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic, erecting barricades, loading, hauling and piowing snow. The work is performed under the general direction of the Operations Supervisor and a Street Foreman. No supervisory responsibilities. EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative Only) These functions are considered essential for successful performance in this job classification. Performs routine street repairs such as pot hole patching and oiling, and general maintenance and labor duties such as shoveling and raking asphalt, finishing concrete, setting concrete forms, directing traffic and erecting barricades. 2. Assists in preparation for winter by erecting snow fence, putting chains on tires and piows on trucks. 3. Assists in loading, hauling and piowing snow and operating sand/salt trucks during snow emergencies up to sixteen hours a day. 4. Participates in special service programs such as emergency storm damage clean up. 5. Filis and sets sandbags, erects barricades and assists in monitoring flood pumps during flood emergencies. 6. Cleans roadside ditches of brush with weed trimming equipment or chain saw. 7 Washes vehicles, changes tires, repairs, cleans up and paints City buildings and assists mechanics as needed. 8. Works in busy traffic areas, operating street maintenance vehicle or on foot. 9. Performs street maintenance and repairs in trenches and on uneven ground. 10. Operates heavy duty and rough -riding vehicles and equipment. 11. Lifts and carries items weighing up to one hundred pounds with assistance as needed. 12. Works outside in all weather conditions; works near moving vehicles and equipment and around mechanical hazards; operates equipment and tools that cause vibration; noise level is often loud; atmosphere may contain dust and traffic fumes; visibility might be poor. 13. Performs work of a repetitive nature and varied workload pace. 14. Works independently and with others with minimum supervision. 15. Attends work regularly at the designated place and time. 16. Performs all work duties and activities in accordance with City policies, procedures and OSHA, City, and Street Department safety rules and regulations. 17. Performs all other related duties as assigned. REOUIRED KNOWLEDGE & ABILITIES 1. Knowledge of traffic and safety rules. 2. Knowledge of occupational hazards associated with and the safety precautions Page 39 of 128 necessary when working in busy traffic areas or extreme weather conditions. 3. Ability to read street signs, chemical hazard labels and written directions of supervisors. 4. Ability to safely operate a dump truck, snowplow, sand/salt truck, concrete saw, air hammer and other power tools. 5. Ability to work alone when operating snow removal equipment. 6. Ability to complete daily work sheets. 7. Ability to complete assigned work projects without direct supervision. 8. Ability to respond to questions and comments from the general public tactfully and politely. 9. Ability to communicate effectively and maintain working relationships with other City employees, supervisors and the public. 10. Ability to work with people from a broad variety of social, economic, racial, ethnic and educational backgrounds. ACCEPTABLE EXPERIENCE & TRAINING 1. High school graduate/GED. 2. Minimum one year related street construction experience in all types of weather conditions and knowledge of the use of a wide variety of hand tools found in street construction and maintenance work OR Any equivalent combination of education and experience that provides the knowledge, skills and abilities necessary to perform the work. 3. Iowa Class A or B Commercial Driver's License by equipment testing date and good driving record based on City of Waterloo driver performance criteria. A candidate with any of the foliowing will not be considered for employment: loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment; loss of license, plea of guilty, plea of no contest or its equivalent or conviction for OWI, reckless driving or other major moving violation include habitual violator within the previous five years; four or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit; three or more citations for moving violations within the previous one-year period. After appointment to the position, disciplinary action or continuing employment status may be reviewed for the foliowing: four or more moving violations within the previous three years, three or more moving violations within the previous one year or loss of license or conviction for OWI, reckless driving or other major moving violation including habitual violator within the previous five years; two or more at -fault accidents within a three-year period while driving on City business; a combination of three or more at -fault within a three-year period. An applicant's driving record will be reviewed prior to an offer of employment and at least annually after hire. ESSENTIAL PHYSICAL ABILITIES The foliowing physical abilities are required with or without accommodation. 1. Sufficient strength to perform assigned tasks. 2. Sufficient physical and mental stamina, to work up to 16 hours during snow or other weather emergencies. 3. Sufficient speech and hearing that permits the employee to communicate effectively with coworkers in person or over a radio. 4. Sufficient color vision, depth perception, distance and peripheral vision to safely operate vehicles and equipment in all weather conditions. 5. Sufficient dexterity to safely operate powered and manual street maintenance tools. Page 40 of 128 6. Sufficient hearing to understand verbal instructions, respond to questions from the public and hear traffic in work areas. 7. Sufficient personal mobility that permits the employee to operate required equipment safely in all types of weather and a variety of road conditions. MISCELLANEOUS 1. Must wear personal protective equipment such as safety shoes, safety glasses, safety vest, hearing protection, gioves and hard hat. 2. Must comply with City of Waterloo Residency Policy for Critical Employees (physically reside within ten -mile radius of Waterloo City Hall -will be given reasonable compliance period as determined by department head). Must maintain a local telephone number in order to be contacted during emergencies. 3. Must submit to Department ofTransportation requirements including pre-employment, post -accident, reasonable suspicion, random and return-to-duty/follow-up alcohol and drug testing. 4. Foliowing a conditional offer of employment, the City of Waterloo requires a physical examination and a drug test by a physician of the City's choice to determine if an applicant is capable of performing the essential functions of the position. 5. The City of Waterloo reserves the right to conduct a background investigation including employment and criminal history checks on any applicant being considered for this position. 6. Must submit to and pass Civil Service examination procedures, including equipment test and panel interview. WORK SCHEDULE Will be assigned a shift that is 7:00 a.m.-3:00 p.m. or 3:00 p.m. -11:00 p.m. or 11:00 p.m. -7:00 a.m. Will generaily work Monday through Friday with twenty - minute paid lunch. Will be required to respond to emergency calls on weekends, evenings and holidays. There may be significant overtime during severe snow emergencies or flooding. Employees hired in this job classification may be cross -utilized in other Citv departments in emergency and non -emergency situations as determined by the workload. Consequently, hours of work, including starting and ending times, work schedule, rest periods, work duties etc. wil vary depending on the department to which the employee is assigned. EQUIPMENT OPERATOR 1 DESCRIPTION 16 January 2016 Page4l of 128 CITY OF WATERLOO Coundil Commumcation Receipt and review ofbids for sale and conveyance of certain tracts ofland, formerly portions ofWest San Marnan Drive right-of-way, located adjacent to Sunnyside Country Club. City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department a:rrIr: ('. )t Reviewer SChroeder,.Arlc E\er, ATFACHMENTS: Description D Notice to Propery ()wner D Notice to Property ()wner Notice to Property ()wner Notice to Property Owner [va (Iode Section 306,23 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: act 1 act 2 act 3 act 4 Action pproved A;pproved Type w:ateriaI w:ateria1 w:ateriaI w:ateriaI Materiai Date 1/10/2017 1...4 PM 1/11/2017 12:1.4 PM Motion to receive and file proof ofpublication ofnotice ofpublic hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing to proceed pursuant to Iowa Code §306.23. NO BIDS RECEIVED. Submitted By: NoelAnderson, Community Plamiing & Development Director Approval The City previously took action to vacate and convey portions ofright-of- way ofWest San Marnan Drive, and the Iowa Supreme Court declared that the City did not use the proper procedure in conveying said property, and enjoined the City from selling or transferring the land without following the procedures prescribed in Iowa Code Section 306.23. The City has now obtained an independent appraisal of the land from Raily Appraisal, LLC and is proposing to sell the land in accordance with Iowa Code Section 306.23, which included notices mailed by certified mail to persons entitled to notice and the accepting of sealed bids, which were due January 12, 2017 at 1:00 p.m. in the offices ofthe City Clerk. There was also a hearing on January 9, 2017 to provide an opportunity to be heard to ensure compliance with Iowa Code Section 306.23. The hearing dates and bid opening complies with the 60 day notice requirement of the Code. None Page 42 of 128 Source ofFunds: Policy Issue: Background Information: Legal Descriptions: nla Land Disposal Please find attached the notices that were mailed. AIso attached is an overview aerialphoto and an aerialphoto for each of the 4 tracts to be sold. Per Iowa Code Section 306.23, the area to be sold is broken into the 4 different tracts as these 4 areas were originally acquired by the IDOT from different property owners. See attached. Page 43 of 128 NOTICE November 9, 2016 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City ofWaterloo to notify you as the present owner ofthe adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 1 That part ofthe Southwest Quarter of Section 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Commencing at the Southwest corner of said Southwest Quarter; thence N89°49'35" E 1166.63 feet along the South line of said Southwest Quarter to the point ofbeginning; thence N2°21'21" W 21.34 feet to the former North right-of- way line ofWest San Marnan Drive (formerly Primary Road No. 412); thence N87°38'39'E 1487.92 feet along said former right-of-way to the East line ofsaid Southwest Quarter; thence S0°09'45" E 77.99 feet to the Southeast corner of said Southwest Quarter; thence S89°49'35" W 1486.01 feet along the South line of said Southwest Quarter to the point ofbeginning, containing 1.695 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $3 18,248. If you are interested in submitting an offer, please complete and return the enclosed Offer to Buy form, along with your payment. Ifno offers are received by 1:00 p.m. on January 12, 2017, or no offer equals or exceeds the fair market value, the property will be disposed ofby the City ofWaterloo by other means. 1 Page 44 of 128 Ifyou have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 1 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting ofJanuary 9, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting ofJanuary 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. Kelley Felchle, City Clerk, City of Waterloo 2 Page 45 of 128 Page 46 of 12 Tract 1 - Page 1 taxmallto4 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50704 CEDAR FALLS, IA 50613 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 PORT RICHEY, FL 34668 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 taxmailto3 3846 TRENT LN 1962 KAMILLE CT WATERLOO, IA 50701 WATERLOO, IA 50701 D 5135 SWEET BASIL LN WATERLOO, IA 50701 1925 WESTCHESTER RO #316 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 1925 WESTCHESTER RO #210 WATERLOO, IA 50701 WATERLOO, IA 50701 1941 KAMILLECT 1937 KAMILLE CT 1925 WESTCHESTER RO #324 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 10739 UNION DR 1848 WESTCHESTER RO 1972 KAMILLE CT 1925 WESTCHESTER RO #322 3865 TRENT LN 1925 W WESTCHESTER RO WATERLOO, IA 50704 1963 KAMILLE CT WATERLOO, IA 50701 1938 KAMILLE CT 1866 WESTCHESTER RO 1921 KAMILLECT 3834 TRENT LN 1925 WESTCHESTER RO #1 14 WATERLOO, IA 50701 1925 WESTCHESTER RO #218 WATERLOO, IA 50704 2623 FALLS AV 1925 WESTCHESTER RO #310 0) (0 >< 0 0 0 taxmailto2 HELLMAN,BETTY L HERRING,MARY 0 1925 WESTCHESTER RO #312 1925 WESTCHESTER RO #308 1900 WESTCHESTER RO #B HUMBLE,BONNIE J 3927 BRADLEY RO JASCHEN,ANNA MAE 3915 BRADLEY RO 1977 KAMILLE CT 1900 WESTCHESTER RO #C 3844 TRENT LN KELLEY,MARJORIE A 1926 KAMILLE CT 1925 WESTCHESTER RO #202 LAYLIN,LINDA M SCHAEFER,CAROL J LINDEMAN,REGENA M 1870 WESTCHESTER RO 3913 BRADLEY RO 1925 WESTCHESTER RO #220 MALAISE,DAWN M TRUST MARR,CAROL A 1925 WESTCHESTER RO #216 MC CADAM,BEVERLY L MC ELLIGOTT,MARILYN A MEINDERS,PATRICIA M MILLER,RETA M P0 BOX 2817 MISENHEIMER,ETHELYN M LE 1409 OLYMPIC DR MONTGOMERY, MARY SCHMIDT,JEANNE 0 NEUWOHNER,MARY L 0 BRYON,PAULA ORUM,NORMAJ TRUST 1925 WESTCHESTER RO #116 DAVIS PHILLIPS,SHIRLEY P0 BOX 1077 RAMSEY,MARGARET T HANSEN,BETH E taxmailtol HELLMAN,ROBERT B SR IHERRING,RONALO P IHILOEBRANOT,CAROL A IHOLSTAO,A JOHN IHUGHES,MAXINE 0 TRUST IHUMBLE,ROBERT M IHURM,VIRGINIA A IJASOHEN,OUANE M IJESUOASON,SHAMA ANN IJORGENSON,MARY A IKAPP, ELIZABETH IKARR JENNER TRUST IKELLEY,JOHN M I00LAN,L0RIE L ILAUTERBAOH,RUSSELL E ILAYLIN,WILLIAM K ISOHAEFER,MIOHAEL A ILINOEMAN,GEORGE J ILINOQUIST,MIOHELLE A ILOGAN,STEPHANIE E ILYNOH,JANET IMALAISE,LARRY L TRUST IMARR,MERRILL J IMARTENS,MAXINE M 1M0 OAOAM,STANLEY 1 1M0 ELLIGOTT,ROBERT P IMEINOERS,MIOHAEL A IMILLER,JIM 0 MILLER,VAN G TRUST IMISENHEIMER,WILLIAM E LE IMOLINARO, MARY ELLEN IMONTGOMERY,LOUIS E ISOHMIOT,ROBERT 0 INEUWOHNER,THOMAS B 10 BRYON,HAL I0RUM,A MANLEY TRUST HENKLE,BARBARA M z IR2KTOO L L 0 RAMSEY,WILLIAM E IRANNEY,PEGGY A LE 0 (1) 0 -J -J 1 0 Page 47 of 128 Tract 1 - Page 2 Page 48 of 12 Tract 1 - Page 3 Waterloo, IA 50701 E E (1) aJ w 0 w w -J -J -J 0 z w w -J c 0 1- 0 Page 49 of 12 Tract 1 - Page 4 OFFER TO BUY 1 herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the foliowing land: Tract 1 That part ofthe Southwest Quarter of Section 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Commencing at the Southwest corner of said Southwest Quarter; thence N89°49'35" E 1166.63 feet along the South line of said Southwest Quarter to the point ofbeginning; thence N2°21'21" W 21.34 feet to the former North right-of- way line ofWest San Marnan Drive (formerly Primary Road No. 412); thence N87°38'39'E 1487.92 feet along said former right-of-way to the East line ofsaid Southwest Quarter; thence S0°09'45" E 77.99 feet to the Southeast corner of said Southwest Quarter; thence S89°49'35" W 1486.01 feet along the South line of said Southwest Quarter to the point ofbeginning, containing 1.695 acres. 1 herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. 1 accept title by Quit Claim Deed. 1 agree to accept the Ouit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations ofChapter 306 ofthe Code oflowa. "Any sale ofland as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the foliowing conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. 1 certify that 1 have inspected the property to my complete and total satisfaction and that 1 am fully aware of all conditions of the property and the terms and conditions under which it is being offered for sale. 1 understand that the property is being sold as is with no warranties of any nature either expressed or implied. 1 therefore submit an offer, as shown above, for the property. 1 Page 50 of 128 Appraised value: $318.248 Offers Due: Thursday, January 12, 2017 at 1:00 p.m. Ifyou have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 1 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. Ifmy offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PR1NT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page5l of 128 1 w A 'Ju 11 I1 Ii L H - rUll 411i1 iwi c..) 4 - •ii I lHUi FC » # j ? ;i r 2 Ih 0 r NOTICE November 9, 2016 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City ofWaterloo to notify you as the present owner ofthe adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 2 That part of the Southeast Quarter of 5 ection 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Beginning at the Southwest corner of said Southeast Quarter; thence N0°09'06"W 77.99 feet to the former North right-of-way line of West San Marnan Drive (formerly Primary Road No. 412); thence N87°27' 11"E 1641.43 feet along said former right-of-way; thence S2°32'49"E 100.76 feet; thence Southwesterly 37.81 feet along a 570.00 foot radius curve, concave Southerly, said curve having a chord of 37.81 feet and bearing S67°34'44"W; thence Southwesterly 99.21 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 99.05 feet and bearing S71"15'04"W, to the South line of said Southeast Quarter; thence S89°50'54"W 1515.34 feet along the South line ofsaid Southeast Quarter to the point ofbeginning, containing 4.175 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $783,886. Ifyou are interested in submitting an offer, please complete and return the enclosed Offer to Buy form, along with your payment. Ifno offers are received by 1:00 p.m. on January 12, 2017, or no offer equals or exceeds the fair market value, the property will be disposed ofby the City ofWaterloo by other means. 1 Page 54 of 128 Ifyou have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 2 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting ofJanuary 9, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting ofJanuary 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. eede Kelley Felchle, City Clerk, City of Waterloo 2 Page 55 of 128 uJ Page 56 of 12 Tract 2 - Page 1 OFFER TO BUY 1 herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the foliowing land: Tract 2 That part of the Southeast Quarter of 5 ection 5, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Beginning at the Southwest corner of said Southeast Quarter; thence N0°09'06"W 77.99 feet to the former North right-of-way line of West San Marnan Drive (formerly Primary Road No. 412); thence N87°27'll"E 1641.43 feet along said former right-of-way; thence S2°32'49"E 100.76 feet; thence Southwesterly 37.81 feet along a 570.00 foot radius curve, concave Southerly, said curve having a chord of 37.81 feet and bearing S67°34'44"W; thence Southwesterly 99.21 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 99.05 feet and bearing S71"15'04"W, to the South line of said Southeast Quarter; thence S89°50'54"W 1515.34 feet along the South line ofsaid Southeast Quarter to the point ofbeginning, containing 4.175 acres. 1 herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. 1 accept title by Quit Claim Deed. 1 agree to accept the Ouit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations ofChapter 306 ofthe Code oflowa. "Any sale ofland as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the foliowing conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. 1 certify that 1 have inspected the property to my complete and total satisfaction and that 1 am fully aware of all conditions of the property and the terms and conditions under which it is being 1 Page 57 of 128 offered for sale. 1 understand that the property is being sold as is with no warranties of any nature either expressed or implied. 1 therefore submit an offer, as shown above, for the property. Appraised value: $783,886 Offers Due: Thursday, January 12, 2017 at 1:00 p.m. If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the foliowing address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 2 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. Ifmy offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PR1NT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page 58 of 128 1 w A 'Ju NOTICE November 9, 2016 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City ofWaterloo to notify you as the present owner ofthe adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 3 That part of the Northwest Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Commencing at the Northwest corner of said Northwest Quarter; thence N89°49'35"E 1166.63 feet along the North line of said Northwest Quarter to the point ofbeginning; thence N89°49'35"E 1486.01 feet along the North line ofsaid Northwest Quarter to the Northeast corner of said Northwest Quarter; thence S0°09'45"E 52.11 feet; thence S87°38'39"W 1268.30 feet; thenceWesterly 135.88 feet along a 480 foot radius curve, concave Northerly, said curve having a chord of 135.43 feet and bearing N84°14'46"W; thence Westerly 82.40 feet along a 540.00 foot radius curve, concave Southerly, said curve having a chord of 82.32 feet and bearing N80°30'28"W; thence N2°21'21"W 72.65 feet to the point of beginning, containing 2.666 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $500,56 1. If you are interested in submitting an offer, please complete and return the enclosed Offer to Buy form, along with your payment. Ifno offers are received by 1:00 p.m. on January 12, 2017, or no offer equals or exceeds the fair market value, the property will be disposed ofby the City ofWaterloo by other means. 1 Page6l of 128 Ifyou have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 3 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting ofJanuary 9, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting ofJanuary 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. eede Kelley Felchle, City Clerk, City of Waterloo 2 Page 62 of 128 uJ taxmailto4 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 CEDAR FALLS, IA 50613 WATERLOO, IA 50701 WATERLOO, IA 50701 WATERLOO, IA 50701 taxmailto3 4245 W 4TH ST WATERLOO, IA 50701 1954 RED TAIL DR WATERLOO, IA 50701 WATERLOO, IA 50704 1935 RED TAIL DR 1946 RED TAIL DR 4202 HARBIN DR 1925 RED TAIL DR 1923 RED TAIL DR 1924 RED TAIL DR WATERLOO, IA 50701 WATERLOO, IA 50703 1934 RED TAIL DR 22O2THUNDER RIDGE BD 1911 RED TAIL DR 1916 RED TAIL DR 1967 RED TAIL DR HUDSON, IA 50643 CEDAR RAPIDS, IA 52401 -1 NN IJ 00 00 _J uJ I -F- -1 _J uJ Waterloo, IA 50701 Waterloo, IA 50703 Cedar Falis, IA 50613 Ames, IA 50014 Cedar Falis, IA 50613 Ames, IA 50014 taxmaitto2 KLINGAMAN,DEBRA A 129 PLAZA CR BROWN,GREGORY A 1955 RED TAIL DR m N >< 0 0 CEJVANOVIC,SEJLA COOPER,MICHELLE L DAMS,CHRISTY K DIZDARIC, MERI MA DIZDARIC,ZLATA DO LI C, SUADA 1111 W SAN MARNAN DR 1221 FRANKLIN ST KANTAREVIC,SABI RA KENNETT,BRENTON A KRAPFL,BRENDA CUTU K, M 1 N E LA SMITH,JULIE K P0 B0X447 425 2ND STREET SE, SUITE 900 1945 RED TAIL DR 1947 RED TAIL DR #1B 400 Kingsley 928 Mulberry 1209 W23rd Street 2160 Country Club BIvd 1209 W 23rd Street 2160 Country Club BIvd taxmailtol KLINGAMAN,STEVEN R A 5 HOLDINGS LLC BROWN,STACI A CAFARO,CRAIG CEDAR VALLEY 4 RENT L L C CEJVANOVI C, E LV IS 1 COOPER,ORLANDO DAMS,JUSTIN 1 DIZDARIC,ADNAN DIZDARIC,KADIR DOLIC,IRHAD GALACTIC DEVELOPM [NT CORP 1 GARCIA,GUADALUPE KANTAREVIC,HAJ RU DI N 1 KENNETT,BRIAN M KRAPFL,KEVIN 10 B 1 C, E D 1 N SMITH,HERBERT J SUNNYSIDE SOUTH ADDITION LLC XL COLT FARMS LLC WHITE,DIVA A TRUNNELL,ANGENE B Irene Sindlinger Ocea Sindlinger William Wayne Sindlinger Pauline Evelyn Sindlinger McGinnis Joan Sindlinger Dailas V. McGinnis Page 63 of 128 Tract 3 - Page 1 OFFER TO BUY 1 herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the foliowing land: Tract 3 That part of the Northwest Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Commencing at the Northwest corner of said Northwest Quarter; thence N89°49'35"E 1166.63 feet along the North line of said Northwest Quarter to the point ofbeginning; thenceN89°49'35"E 1486.01 feet along the North line ofsaid Northwest Quarter to the Northeast corner of said Northwest Quarter; thence S0°09'45"E 52.11 feet; thence S87°38'39"W 1268.30 feet; thenceWesterly 135.88 feet along a 480 foot radius curve, concave Northerly, said curve having a chord of 135.43 feet and bearing N84°14'46"W; thence Westerly 82.40 feet along a 540.00 foot radius curve, concave Southerly, said curve having a chord of 82.32 feet and bearing N80°30'28"W; thence N2°21'21"W 72.65 feet to the point of beginning, containing 2.666 acres. 1 herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. 1 accept title by Quit Claim Deed. 1 agree to accept the Ouit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations ofChapter 306 ofthe Code oflowa. "Any sale ofland as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the foliowing conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. 1 certify that 1 have inspected the property to my complete and total satisfaction and that 1 am fully aware of all conditions of the property and the terms and conditions under which it is being 1 Page 64 of 128 offered for sale. 1 understand that the property is being sold as is with no warranties of any nature either expressed or implied. 1 therefore submit an offer, as shown above, for the property. Appraised value: $500,561 Offers Due: Thursday, January 12, 2017 at 1:00 p.m. If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 3 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. Ifmy offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PR1NT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page 65 of 128 1 w A 'Ju fl ' jI ,rm id NOTICE November 9, 2016 VIA CERTIFIED LETTER TO: See attached Exhibit "A" Ladies and Gentlemen: This letter is sent to you to comply with the provisions of Section 306.23, Iowa Code. These provisions require the City ofWaterloo to notify you as the present owner ofthe adjacent land from which certain lands were originally acquired, or as an owner of certain lands when originally purchased or condemned for highway purposes, that we are selling the tract of land described below: Tract 4 That part of the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Beginning at the Northwest corner of said Northeast Quarter; thence N89°50' 54"E 1515.34 feet along the North line of said Northeast Quarter; thence Southwesterly 94.61 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 94.48 feet and bearing S82°08'18"W; thence S87°27' 1 1"W 477.10 feet; thence S88°39'59"W 945.22 feet; thence N0°09'45"W 52.11 feet to the point of beginning, containing 1.184 acres. You and all other persons qualified under these provisions are provided a period of 60 days from the date of this letter to be heard and make offers for this tract. The names and addresses of others receiving this notice, if any, are shown on attached Exhibit "A". Offers received from persons qualified under these provisions that equal or exceed other offers, and equal or exceed fair market value, shall be given preference. Fair market value for the tract has been established at $222,305. Ifyou are interested in submitting an offer, please complete and return the enclosed Offer to Buy form. Ifno offers are received by 1:00 p.m. on January 12, 2017, or no offer equals or exceeds the fair market value, the property will be disposed ofby the City ofWaterloo by other means. 1 Page 68 of 128 If you have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on the appropriate form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 4 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. The City Council will provide a hearing for an opportunity to be heard and comment at its meeting ofJanuary 9, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council will provide a hearing authorizing the sale and conveyance of said property and will consider all offers received and accept comment at its meeting ofJanuary 17, 2017 to be held at 5:30 p.m. in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa. You have a right to be heard at these meetings in regard to this matter. The City reserves the right to reject all offers. eede Kelley Felchle, City Clerk, City of Waterloo 2 Page 69 of 128 taxmailto4 taxmailto3 WATERLOO, IA 50701 HUDSON, IA 50643 WATERLOO, IA 50702 WATERLOO, IA 50704 WATERLOO, IA 50704 Cedar Falis, IA 50613 Ames, IA 50014 taxmailto2 1111 W SAN MARNAN DR P0 B0X447 1111 W SAN MARNAN DR NN 0000 NN 1209 W23rd Street 2160 Country Club BIvd ><>< 00 00 taxmailtol GALACTIC DEVELOPM [NT CORP SUNNYSIDE SOUTH ADDITION LLC VGM DEVELOPM [NT CORP VGM MANAG[M[NT INC VGM MANAG[M[NT LTD William Wayne Sindlinger Pauline [velyn Sindlinger McGinnis Page 70 of 128 Tract 4 - Page 1 OFFER TO BUY 1 herewith submit an offer of $ to the City of Waterloo (hereinafter known as City) for the purchase of the foliowing land: Tract 4 That part of the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the Fifth P.M., Black Hawk County, Iowa, described as foliows: Beginning at the Northwest corner of said Northeast Quarter; thence N89°50' 54"E 1515.34 feet along the North line of said Northeast Quarter; thence Southwesterly 94.61 feet along a 510.00 foot radius curve, concave Northerly, said curve having a chord of 94.48 feet and bearing S82°08'18"W; thence S87°27' 1 1"W 477.10 feet; thence S88°39'59"W 945.22 feet; thence N0°09'45"W 52.11 feet to the point of beginning, containing 1.184 acres. 1 herewith enclose a CERTIFIED CHECK or MONEY ORDER (the City will NOT accept CASH or personal check) for the full amount of the offer made payable to the City of Waterloo. Should the City not accept the offer, the amount will be returned by mail. 1 accept title by Quit Claim Deed. 1 agree to accept the Ouit Claim Deed without an Abstract of Title, and am aware that the land is being sold in accord with the provisions of and subject to the limitations ofChapter 306 ofthe Code oflowa. "Any sale ofland as authorized therein shall be upon the condition that the tract, parcel or piece of land so sold shall not be used in any manner so as to interfere with the use of the highway, or to the material damage of the adjacent owner, and shall be subject to the right of all utility associations, companies, or corporations to continue in possession of a right of way in use at the time of such sale." This offer is subject to the foliowing conditions: Bidders are cautioned that any conditions may cause their bid to be rejected. No additional conditions shall be allowed after submittal of a bid. The City of Waterloo reserves the right to waive any technicalities and to reject any or all offers. 1 certify that 1 have inspected the property to my complete and total satisfaction and that 1 am fully aware of all conditions of the property and the terms and conditions under which it is being offered for sale. 1 understand that the property is being sold as is with no warranties of any nature either expressed or implied. 1 therefore submit an offer, as shown above, for the property. 1 Page7l of 128 Appraised value: $222,305 Offers Due: Thursday, January 12, 2017 at 1:00 p.m. Ifyou have any questions regarding this disposal, please contact the City Clerk, City of Waterloo at the following address or phone number: City Clerk City of Waterloo City Hall, First Floor 715 Mulberry Street Waterloo, Iowa 50703 Telephone: (319) 291-4522 All offers must be in writing on this form and submitted to the above address. All offers must be clearly marked as "SEALED OFFER Tract 4 Former Portion of West San Marnan Drive". Offers must be received by the City Clerk no later than Thursday, January 12, 2017 at 1:00 p.m., at which time offers will be opened in the First Floor Conference Room at City Hall, 715 Mulberry Street. Ifmy offer is accepted by the City, please issue the Quit Claim Deed to: (PLEASE PR1NT OR TYPE) * The exact name or names the bidder wishes to appear on Patent. Address Signed: Date Telephone Number 2 Page 72 of 128 1 w A 'Ju L vijv ‚ij 1 EXECUTIVE BRANCH ORGANIZATION AND RESPONSIBILITIES, §306.23 306.23 Notice - preference of sale. 1. The agency in control of a tract, parcel, or piece of land, or part thereof, which is unused right-of-way shall send by certified mail to the last known address of the present owner of adjacent land from which the tract, parcel, piece of land, or part thereof, was originally purchased or condemned for highway purposes, and to the person who owned the land at the time it was purchased or condemned for highway purposes, notice of the agency's intent to sell the land, the name and address of any other person to whom a notice was sent, and the fair market value of the real property based upon an appraisal by an independent appraiser. 2. The notice shall give an opportunity to the present owner of adjacent property and to the person who owned the land at the time it was purchased or condemned for highway purposes to be heard and make offers within sixty days of the date the notice is mailed for the tract, parcel, or piece of land to be sold. An offer which equals or exceeds in amount any other offer received and which equals or exceeds the fair market value of the property shall be given preference by the agency in control of the land. If no offers are received within sixty days or if no offer equals or exceeds the fair market value of the land, the agency shall transfer the land for a public purpose or proceed with the sale of the property. 3. For the purposes of this section, "public purpose" means the transfer to a state agency or a city, county, or other political subdivision for a public purpose. [C35, §4755-f2; C39, §4755.45; C46, 50, §313.54; C54, 58, 62, 66, §306.17; C71, 73, 75, 77, 79, 81, §306.23; 81 Acts, ch 98, §1; 82 Acts, ch 1104, §71 87 Acts, ch 35, §1; 97 Acts, ch 149, §2, 3 Referred to in §L61 Thu Dec 15 10:08:24 2016 Iowa Code 2017, Section 306.23 (8, 0) Pag CITY OF WATERLOO Coundil Commumcation Purchase oftwo (2) pickup trucks for the Building Inspection Department. City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department Reviewer Action Date I1ublic \Vork:s Depart.ment Rice, Mark: .A.pproved 1/10/2017 2:1.6 ckk O 1 vu Ann Appmvd / /20 / 0) ATFACHMENTS: Description Ei B d fa1b SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Background Information: Type IM. AM Motion to receive and file proof ofpublication ofnotice ofpublic hearing. HOLD HEARING - No comments on File. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval ofspecifications, bid document, form of contract etc. Resolution authorizing to proc eed. Motion to receive,fde and instruct City Clerk to read bids and refer to the Public Works Director for review. Submitted By: Mark Rice, Public Works Director Recommend Approval. These two (2) vehicles wffl replace two (2) departmental vehicles which meet the established vehicle replacement schedule. These replacements were budgeted for in the Capital Equipment Plan. Estimate of $24,000 each 415-22-5100-2117 416-22-5100-2117 The purchase ofthese vehicles does not increase the fleet size ofthe department. The vehicles identified for replacement meet the standards established in the vehicle replacement schedule and funds were requested to support this action in the Capital Improvement Program for Equipment. Page 76 of 128 PURCHASE OF TWO (2) PICK UP TRUCKS FOR BUILDING INSPECTIONS DEPARTMENT Bid Opening: January 12, 2017 Estimate: $24,000 each (Total - $48,000) NO Bid Security Required Bidder Bid Security Bid Amount Karl Chevrolet Ankeny, IA n/a $53,665.78 Pat McGrath Chevyland Cedar Rapids, IA i/a $51,442.00 n/a Page 77 of 128 CITY OF WATERLOO Coundil Commumcation Resolution approving a lease agreement with C & S Car Company for a 2017 Hyundai Santa Fe, VIN #5NMZUDLB2HHO17488, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. City Council Meeting: 1/17/2017 Prepared: 1/9/2017 REVIEWERS: Department pa:rtirneflt ATFACHMENTS: Description D iI.ease A.greernent wih SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source ofFunds: Policy Issue: Alternative: Background Information: Legal Descriptions: Reviewer frril S A;uto Action pproved A;pprcved Type Date 1/9/2017 9:1.6 .A.M 1/11/2017 10:1.4 AM Resolution approving a lease agreement with C & S Car Company for a 2017 Hyundai Santa Fe, VIN #5NMZUDLB2I-ll-1017488, to be used by the School Resource Officers for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement. Submitted By: Frank Krogh, Police Captain Request that the City Council pass a resolution authorizing Mayor Clark to sign the lease agreement with C & 5 Car Company for a 2017 Hyundai Santa Fe vehicle to be used by the School Resource Officers for a 6 month period at no cost to the city. This is a 6 month lease to supply a vehicle to the School Resource Unit of the Waterloo Police Department. C & 5 Car Company has donated the use of a new vehicle for many years to the Police Department to be used the School Resource Unit. None None N/A This is an in kind donation by C& 5 Car company without this lease we would have to supply a squad car to the School Resource Unit which could cause a shortage ofsquad cars during special events. N/A 2017 Hyundai Santa Fe SUV VIN # 5NMZUDLB2I-ll-1017488 Page 78 of 128 AUTOMOBILE LEASE AGREEMENT This Agreement is rnade and entered irito this 17 day of January, 2017, by and between C & S Car Cornpany Hyundai Mazda Subaru, with its principal place of business at 812 Washington StreetWaterioo Iowa (the Lessor) and the City of Waterloo, Iowa a municipal corporation duly organized under the laws of the State of Iowa, (the Lessee), whose address for purposes of this Lease Agreernent s 715 Muberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the busiriess of selling motor vehicles; and WHEREASJ C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Deparl:ment, a 2017 Hyundai Santa Fe Sport VIN#5NMZUDLB2HHOI74O8; and WHEREAS, City is in need of a vehicle for the purposes of its Life SkiIIs Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein and for other good and valuable consideration, the receipt ofwhich is hereby acknowledgeci1 the parties agree as foliows: TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehic!e described above from January 17, 2017, to July 17, 2017, un!ess the Lessor shaH extend this Lease Agreement. 2. VEHICLE USE, (a) The Lessee shall not use or perniit an.y Ieased vehicle to be used for any iIiega! purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flamrnable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the iliegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor! the Lessee shall not leave the State of Iowa with the Ieased vehicle. (c) The Lessee shaJl not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufflciently inflated tires. -1 - Page 79 of, 128 (d) The Lessor shall not be responsible for !oss or damage to any goods or other proper-ty placed or carried in any Jeased vehcIe arisirig from any cause whatsoever. (e) The Lessee shall not accrue rnore than 4,000 miles on the vehicle in any six (6) month perod. 3. OPERATION. (a) The Ieased vehicFe shall be operated by a safe, competent, and duly Iicerised drver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careess, or abusive handling of any vehicle by a driver, the Lessee shall investigate the cornplaint, and if warranted, remove the driver and replace him or her with a competent substitute. (b) The Lessee and its drivers shaU be solely responsible for individual fines and penalties for parking ar traffic violations. If the Lessor is required to pay any fine or sumnions, it may bill the Lessee for them. 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the Ieased vehice in good and operating condition. If the necessary repairs .exceed the amount of $100O0 in any one given nionth, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. 5. LIABILITY. The Lessee shall be IiabIe for all damages caused by collision, upset, or overturn of the Ieased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. 6. INSURANCE. (a) The Lessee, at its own expenseshall insure the Ieased vehicle against all Ioss and carry Iiability insurance in Iimits of not Iess that $1 ,000,000 for any one person injured or kiIIed, not Iess than $1 ,000,000 for more than one person in any one accident and not Iess than $'lOO,OOO for damage to property of others in any one accident. (b) The Lessee shall cornply with aU the terms and conditions of the insurance policies covering the Ieased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a Ieased vehicle, a writteri report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the Ieased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other darnages may be provided by the Lessee through its own seCf- insured prograrri. Page 80 of 128 7. THE LESSEE'S DUTIS. At its own expense, the Lessee shaII (a) Notfy the Lessor immediately as to any damage caused to the Ieased veh ide; (b) Periodically wash the Ieased vehicle, and keep it clean, both inside and out; (c) Supply the necessary gasoline, oll, with Hyundai oil filter and Iubricants for its operation; (d) Check the Ieased vehicle for antifreeze and oll and add, if necessary; the Lessee will be solely responsibLe for darnages caused by lack of oil, Iubncants, or antifreeze; (e) Check the tires of the vehicle for properinflation; the Lessee wili be solely responsible for tire damage due to improper inflation; (f) Carry suffcient Workers' Compensation or other work-reiated injury/disability insurance coverage for the Lessee's drivers and other employees operating the Ieased vehicle. 8. LICENSE AND REGISTRATION. The Ieased vehicle shall bear a Iicense plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in Iicensing and registering the Ieased vehicle shall be borne by the Le.ssee. Lessor shall Iicense the vehicle in its nanle, and Lessee shall furnish a copy of the title, lease agreement, application for registration, and state plates to the Iowa Department of Transportation. 9. OWNERSHIP. mis is a Pease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the Ieased vehicle, except that which is consistent with the provisions of this Lease Agreement. 10. RETURN. Upon the termination of this lease, the Ieased vehicle, at the expense of the Lessee shall be returned to the Lessors place of business in good condition, reasonable wear and tear excepted. Lessee wiH be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall perrnit the Lessor and/or its agents at all times to inspect and examine the Ieased vehicles and permit the Lessor at any tirne to replace any such vehice with one of like rnake and body. 12. EXTENSION OF THE LEASE TERM. On July 17, 2017, the Lessor may opt to extend the lease by an express written aniendrrient to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the purpose which -3- Page8l of 128 t is used. The Lessor agrees that the City rnay affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this ease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or subiet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, coveriants or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covertants, or coriditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any Iiability for any acts or ornissions of the Lessee or the Lessee's drivers, agerits, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harniless from any arid all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting .from the use and/or operation of the Ieased vehicle by the Lessee, including any expenses and aftorneys fees which the Lessor may incur in defending any such cIaimsexcept such claims or portioris thereof as are �overed by applicabte insurance as otherwise herein provided. 16. BINDNG EFFECT. This lease shall be binding upon and inure to the .benefit of the parties hereto, their successors, legaf representatives, and assigns. The Lessee may riot assign, piedge, or otherwise encumber this lease or any interest therein or subiet the Ieased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the Ieased vehicles, or abandon or conceal the Ieased vehicles. 17. ENTPRE AGREEMENT. This lease represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements oral or written, express or implied, other than those setforth herein. This lease shaH .not be modified or amended except by an agreement in writing signed by the parties. 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered rnail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Captain Mohlis, Waterloo Police Department, 715 Mulberry Street, Waterloo, 1 owa, 50703, te!ephorie number (319) 291-4340. For the Lessor, George Coofey or his designee, C & S Car Cornpany Hyundai Mazda Subaru, 812 Washington Street, Waterloo, lowa, 50702, telephone nuniber(319)291-7321. -4- Page 82 of 128 1 9. GOVERNING LAW; This lease shall in all respects be governed by and construed in accordarice with the laws af the State of Iowa. 20, HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret o.rconstrue its provisions. 21. CQUNTERPARTS. Ths lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the sarne instrument. IN WITNESS WHEREOF the parties have caused these presents to be executed the day and year first written above, DATED this _17 day af January, 2017. ATTEST: CITY OF WATERLOO, IOWA The Lessee By: Quentin M. Hart, Mayor KeIIey F&chle, Cfty Clerk STATEOFIOWA ) ) ss: BLACKHAWKCOUNTY ) On this day of January, 2017, before me, the undersigned, a Notar, Public in and for the State of Iowa, personaily appeared Quentin M. Hart and KeIIey FeIchle to me personaily known, and who, being by me duly sworn, dd say that theV are the Mayor and City Clerk, respectiv&y, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the oorporate sale of the corporation, and that the instrurnent was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Couricil, under Counci Action No, of the City Council on the day of June, 2016, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa -5 Page 83 of 128 C & S CAR COMPANY HYUNDA1 MAZDA SUBARU The Lessor By: STATE OF IOWA ) ss: BLACKHAWKCOUNTY On this day of Jarivary, 2017, before nie, the undersigned, a Notary Pubile in and for the State of Iowa, personaily appeared and , to me personaily known, arid who, being by me duly sworn, did say that they are the and respectively, af said corporation executing the withn and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporaBon; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors.; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NotaryPublic in andforthe State oflowa -6- Page 84 of 128 CITY OF WATERLOO Coundil Commumcation Resolution approving Professional Services Agreement with Stuxture Architecture, for design services for flood repairs at Riverfront Stadium, in an amount not to exceed $30,000, and authorize the Mayor to execute said document. City Council Meeting: 1/17/2017 Prepared: 1/10/2017 REVIEWERS: Department .Leisire Service ATFACHMENTS: Description Ei (Inract SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Reviewer 1:iutir, ia:ui E\er, Action pproved A;pprcved Type Date 1/11/2017 10:1.7 .A.M 1/11/2017 11:03 AM Resolution approving Professional Services Agreement with Stuxture Architecture, for design services for flood repairs at Riverfront Stadium, in an amount not to exceed $30,000, and authorize the Mayor to execute said document. Submitted By:Travis Nichols, Facilities/Project Manager, Leisure Services Resolution approving a Professional Services Agreement with Stuxture Architecture for design services for flood repairs at Riverfront Stadium in the amount not to exceed $30,000, and authorize the Mayor to execute said document. This agreement wffl provide for construction documents and project oversight for repairs to the interior ofRiverfront Stadium caused by the flood of2016. $30,000 Page 85 of 128 Init. IAIA Document 1OITM — 2007 Standard Form ofAgreement Between OwnerandArchitect AGREEMENT made as ofthe Thirteenth day ofianuary in the year Two Thousand Seventeen «n words, indicate day, month andyea) BETWEEN the Architect's client identified as the Owner: (Name, address and other infornafion,) City of Wateiloo 715 Mulberry Street Waterloo, IA 50703 Telephone Nurnber: 319-291-4311 Fax Number; 319-291-4286 and the Architect: (Nanie, address and other infor,nation) StruXture Architects, LLC 314 East 4th Street Waterloo, IA 50703 Telephone Nurnber: 319-234-1515 Fax Nuinber 319 234 1517 for the foltowing Project: (Naine, Iocaiion and deiai/ed description,) 2017 Riverfront Stadium Flood Renovation for Watei'loo Leisure Services, Waterloo, 1A. The Owrier and Architect agree as foliows. OWNER ADDITIONS AND DELETIONS: The autbor of this docurnent has added information needed tor its cornpetion, The author may also have revised the text of the original AIA standard form. An Additions and Deletions feport lhat notes added inforrnation as weU as revisions to the sandard form text Is avai!able from the author and should be reviewed. A ver1ica line In thie Ieft margin of this documenit ndicates where the author has added necessary information and where the author has added to or deleted from the orii!nIaI AIA lexE This document has important legal corisequences. Consullation with an aUorney Is encouragect wFth respect to its completion or modification. AIA Document BIOITM — 2007 (forrnedy BI51TM - 1$97) Copyi9ht© 1974, 1978, 1987, 1997 and 2007 byThoAmerlcan nstHute oArchLtects. AI rlghts reserved. WARN. I/G ThO PA' Dou..oint procnd hy US. CoyDt Lw nd Tre Us, Unthiorzd rprockvctVoni or dItirbutIon hI AIA Uoriiiirn irol oo ooy poo kn ot / oo1y oe,uV ijn sv'oe r v oiorI rmnO Od4F od wID bor o omo ood o lto rnufimiirni x/ol pr 'Thk uocir ih ow. This document was produced by APA sollware at 0&4309 on 01/13/2017 under Order No.375 531498_1 which eisplres en 08/22/2017, and /s not for rosale. User No1es (1097281659) Page 86 of 128 1 Init. TABLE OF ARTICLES 1 INITIAL INFORMATON 2 ARCHITECT3S RESPONSIBIIJTIES 3 SCOPE OF ARCHITECT'S BASIC SERV10ES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COSTOFTHEWORK 7 COPYRGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVSONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 11 This Agieement is based on the lwtial Infoimation set foith rn this Aiticle 1 Initial Infoimation § 1.2 The Owner's anticipated dates for commencenient ofcoiistruction and Substantial Cotnpletion ofthe Work set forth below: .1 Commenceinent ofconstniction date: Not yet deteimined. .2 SubstantiaI Completion date: Not yet determned. § 1.3 The Owiier and Architect may rely on the Jnhial Inforrnation. Both parties, however, recognize Ihat siich inforrnation may materially change and, 111 that event, the Ownei and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2,1 The Architect shall provde the professionai services as set forth in this Agreement. § 2.2 The Architect shali peiforrn its services consistent with the professional skiIl and caie ordinarily provided by architects practicing in the same or similar Iocality under the sarne 01 similar cirdurnstances. The Architect shall AIA Document 8101 - 2007 (formerly 8151 - 1997). Copyright 8 1974, 1978, 1987, 1997 and 2007 by The Amerlcsn Insltute o Archtecls. AiI rlghls reserved. t1A.i NNG.: 1his AVA Dcu.nerit proteeV by LLS. Ccv:y1g •Lnw rrd In L or iItrI hILtOr ni bIs icumoni, or Lny n�r nI U,. :iy in c/vI aii Io p:nV//n::, rwIVi b pr itnci o tViin Ofl idin.uiin •xtIni& po uoidr tbn bw, ThIs document was produced by AIA soliware at 08:43:09 on 01/13/2017 under Order No.3755531498_1 wisich enpires on 08/22/2017, and is not for resale. User Notes: (1097281859) Page 87 of 128 2 perform its services as expeditiously as s consistent with such piofessional skill and care and the orderly progress of the Project. § 2.3 The Architcct shall identify a representaUve authorized to act on behaffofthe Architect with respect to the Project. § 2.4 Except with the Owne's knowledge and consent, the Architect shall not engage n any activity, or accept any employnient, interest or contrihution that woLdd easonab1y appear to comprornisc the Architect's professional judgment with respect to this Project. § 2.5 The Architect shali niaintain the following insurance for the duration ofthis Agreement. Efany ofthe iequirements set fotth below exceed the types and linuts the Aichitect norinaily maintains, the Owner shall ieunbuise the Aichitect for any addUional cost (IdenhiJy types and Ii,,nts of ,nsz:, ance co e age and othei insw ance , equn ements appl:cable 10 the Agi ec inent if any.) General Liability Each Occurrence General Aggregate Products!Completed Operations Ag:: egate Umbrella Each Occurrence/Aggregate .2 Automobile Liability Totat Loss .3 Workers' Compensatioii Bodily Injury by Accident Workers' Cornpensation Bodily lnjui'y by Disease Eaeh Ernployee Workers' Compensation Bodily Injury by Disease Policy Limit .4 Professional Liability per Claim Professional Liability Annual Aggiegate $ 1,000,000.00 $2,000,000 .00 $ 1,000,000.00 $2,000,000.00 $ 1,000,000.00 $ 500,000.00 $ 500,000.00 $ 500,000.00 $2,000,000.00 $2,000,00'O.00 ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3 1 The Architect s Basic Services consist ofthose desciibed in Article 3 and include usual and customaly structral, mechanicai, and electrical engineel'ing services. Services not set forth in Article 3 are Additional Services. § 31 1 rhe At chitect shall manage the Ai chitect's set vces, consult with the Ownci 1 eseai ch applicable design criteria, attend Project meetings, cornmunicate with members ofthe Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owrier's consultants. The Archiiect shail be entitled to i'ely on the accuracy and completeriess ofservices and inforination furnished by the Owner and the Owner's consuItant. The Architect shall provide prornpt written notice 10 the Owner ifthe Architect becornes aware ofany error, omission or inconsistency in such services or inforrnation. (I'ar.'gi'aph deletea) § 3.1.4 Thc Archilec shall not be rcsponsible !ijr an Ownr's dircctivc or substitution made without the Architect's approval. § 3,1.5 The Architect shati, at appropriate tinies, contactthe governmental authorities required 10 approve the Construction Docurnents and the entities providing utiliiy services to the Project. In designing the Project, the AIA Docurnont BI 01 H -. 2007 (forniery B151 IM - 1997). Copyright © 1974, 1978, 1987, 197 ancl 2007 by The Ameiicsn 1nst8ute of Archltects. All rlgIits re.served. V/ARN:lNG: ThI A.lA Do;uiint proectd by US. Copyrgh Lw nd O1hr Uc Treatles, U uthorzed rprodtUon or sbbutIori 3 o! thiFs A•A' Doarnnt, or ay por/ol1 of ft, ry r5It lv S1vere cIvI oicI cr iat pr aVts, nd wrv be rrc ecutd to• th•e dm uiin e eofl pcebe undr tha a,w, This docunient was produced by AIA soflware a108:43:09 on 01l1/2017 under 0rde No.a7555314981 whlch explres an 08/2212017, and s not for resale. L'ser Notes: (1097281859) Page 88 of 128 Init. Architect shall respond to applicable design requirements imposed by such governinental authorities and by such entities pioviding utility services. § 3.1.6 The Architect shall assist the Owner in connection with thc Owner's rcsponsibiiity for fihing documents required for the approval ofgoveinmenta authoiities havingjurisdiction over the Project. § 3.2 SCHEMATIC DESGN PHASE SERVCES § 3.2.1 The Architect shall review thc pJogram and othc infoimation fi.unished by the Owner, and shal! review laws, codes, and iegulations applicable to the Architect's services. § 3.2.2 The Architect shall piepare a prelirinary evaivation ofthe Owner's progiarn, schedule, budget for the Cost ofthe Woik, Project site, and the proposed procurement or delivery method and other Initial Information, each in teims ofthe othei, to ascertain the requiiements ofthe Project. The Architect shaU noti' the Owner of(!) any inconsistencies discovered in the information, and (2) othei' information or consulting services that may be reasonably nceded for the Pioject. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction ofthe Project, including the feasibility ofincorporating environmentally responsibie design approaches. The Architect shall reach an understanding with the Ownei regarding the tequirements ofthe Project. § 3.2.4 Based on the Project's requirernents agreed upon wilh the Owner, the Architect shal! piepare and present for the Ownei's appioval a pre!iminary design fflustrating the scale and relationship ofthe Project components. § 3.2.5 Based on the Owner's approval ofthe pieliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Scheinatic Design Documents shal! consist ofdrawings and other documents including a site plan, ifappropriate, and prelirninary building plans, sections and elevations; and may include soine combination ofstudy rnode!s, perspective sketches, or digital modeling. Pieliniinary selections of majol bui!ding systems and construction rnateria!s shal! be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall considei environmenta!ly responsible dcsign alternatives, such as materia! choices and building orientation, together with other considerations based on program and aesthetics, in deveoping a desigo that is consistent with the Owner's program, schedu!e and budget for the Cost ofthe Work. The Ownei inay obtain other environmental!y responsibie design seivices under Article 4. § 3.2.5.2 The Architect shafl considei the vatue ofalteinative materials, building systems and equipment, together with other considerations based on program aiid aesthetics in developing a design for the Projeet that is consistent with the Owner's piogranl, schedide and budget for the Cost ofthe Work. § 3.2.6 The Architect shall submit to the Owner an estimate ofthe Cost ofthe Work prepaied in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schernatic Design Documents to the Owner, and request the Owner's approval § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3,1 Based on the Owner's appioval ofthe Schematic Design Documents, and on the Owner's auihorization of any adjustments in the Project requirements and the budget for the Cost ofthe Work, the Architect shall prepare Desigo Deve!opnient Documents for the Ownei's appioval. The Design Development Documents shall illustrate and deseribe the development ofthe approved Schematic Design Docurnents and shall consist ofdrawings and other documents ineluding plans, sections, eevations, typical construction details, and diagiaminatic !aycuts of bui Iding systems to fix and describe the size and character ofthe Project as to architectural, structural, mechanical and ekctrical systems, and such other elements as may be appropiiate. TIie Design Developrnent Documents shall also include outline specifications that identi1' major materials and systems and establish in genera! their qualily Ieve!s. § 3.3.2 The Architect shall update the estimate ofthe Cost ofthe Work. AI'A Docurnent BI 01 IM . 2007 forn1ery BI 51 TM - 1997). Copydghi 1974, 1978, 1987, 1997 and 2007 by The Aroercan InstHute of Archltects. All rgbts reserved, a/AR IflNG: rhi /kijA' Docun.nt i pr by U 5, Copyrg Ln' a.inirt titroo orri irnUns UnouUorbocO rnprodi :bori al bhsriibuUoini or fh.h AtA Dcun.ont, oo vy rriI cf 5, In r5U aid rivniniii p oii ard wS 1 be pocuied 10 n ivrrj5mum e5roit posslblo uind thn bw. This docurnent was produced by AIA software at 0:43:09 on 01/13/2017 wder Order No.3755531498_l whloh expires 0008/22)2017, and s not for resate, User Notes: (1097281859) Page 89 of 128 4 § 3,3.3 The Architect shall submit the Design Deveopment documents to the Owner, advise the Owner ofany adjustments to the estniate ofthe Cost ofthe Work, and request the Owner's appioval. .4 CONSTRUCTION DOCIJMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval ofthe Design Development Docu'ments, and on the Ownei"s authorization of any adjustments rn the Project iequlrements and the budget foi the Cost ofthe Work the Architect shall prepare Consttuctton Documents foi the Owner s approval The Constiuctiori Docurnents shall illustiate and desciibe the further development ofthe approved Design Deveiopment Docurnents and shall consist ofDrawings and Specifications setting foth in detail the quatity levels ofmateiials and systems and othei requuements for the consti uction ofthe Work The Owner and Architect acknowkdge Ihat in o der to constiuct the Work the Contractoi wull provide addutiona rnformation mcluding Shop Drawtngs Pioduct Data Sampes and other similar subinittals wIich the Archttect shall revew in accordance with Section 3 6 4 § 3.4.2 The Architect shal! incorporate into the Consti'uction Documents the desigri requircmcnts ofgovernmental authorities havingjurisdiction over the Project. § 3.4.3 During the development ofthe Construction Documents, the Architect shall assist the Owner in the dcvelopment and preparation of(1) bdding and procurement infoimation that descubes the Ilme, placc and conditions ofbidding, inctuding bidding 01 proposal' forms; (2) the form ofagrcement between the Owner and Contractor; and (3) the Conditions ofthe Contract for Construction (General, Supptementary and other Conditions). The Architect shall niso compile a proj'ect manual that includes the Conditions ofthe Contract fr Construction and Specitications and may include bidding equnements and saniplc forms § 3.4.4 The Aichitect shall update the estimate for the Cost ofthe Work. § 3.4.5 The Architect shall submit the Construction Docunients to the Owner, advise the Owner ofany adjustments to the estimate ofthe Cost ofthe Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Aichitect shall assrit the Ownei in establishing a !ist ofpiospectivc contiactois Following theOwner's approval ofthe Construction Documents the Aichitect shall assist the Owner in (1) obtaining eithei competitive bids or negotiated pioposais (2) confirming iesponsiveness of bids or proposals, (3) determinung the successful bid or proposai, ifany; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shail consist ofbidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by 1 procuiin the repioduction ofBidding Documents for distiibution to piospective bidders .2 distributing the Bidding Documents to prospective bidders, requesting their rcturn upon compIetion ofthe bidding process, and maintaning a Iog ofdistribution and retrieval and ofthe arnounts of deposits, ifany, received fiom and returned to prospective bidders; 3 organizing and conducting a pie bid conference foi prospectivc bidders ifnecessaiy .4 preparing responses 10 questions fi'om prospective bidders and providing ciarifications and interpretations ofthe Bidding Documents to al! prospective bidders in the form ofaddenda; and .5 organizing and conducting the opening ofthe bids, and subsequent!y documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 The Architect shall consider requests for substitutions, ifthe Bidding Documents permitsubstitutions, and shall prepare and distribute addenda identifying approved substitutions to aH prospective bidders. Init. (Paragraphs deleted) AIA Oocurnent BIOl IM - 2007 (formerly B151" - 1997). Copyrighl © 1974, 1978, 1987, 1997 and 2007 by The Amorican Institute of Architects,, Alt rlghts reserved. VVAR NDNG tht AA' Docu roenit Is poo crci by US. Cpdgh td kisraftonat Trss s, Uss rtssd rsp.rroistIori or dfdhuon ts AIA Docusisr, o.rssy poIl:on of sisy iv suV ijri ovsre ctvD 1 nd c riroiIinii t t:,C aiite, rid wtDI b procuttd o to irn.nti um (tsI5t posslble urictsrtijie kiw, Thls doctmentwas produced by AIA software 51 08:4:09 on 01/1312017 under Order No3755531498_i whicli exptres on 08122/2017, and ts not for resate. User Notes: (1097281859) Page 90 of 128 Init. § 36 CONSTRUCTION PHASE SERVICES § 3.6,1 GENERAL § 3.6.1.1 The Architect shall provide adininistiation ofthe Centraet between the Owner and thc Contiactor as set forth below and in AIA Docurnent A2O1TM_2OO7, General Conditions ofthe Contract for Construction. ifthe Owner and Contractor rnoc1iI' MA Docurnent A2Oi-2OO7, those modifications shall not affect the Architect's services iiiider this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shaiF advise and consult with the Owner durirg the Constrct1on Phase Services. The Archliect shall have authority to act on behalfoflhe Owner only to the extent provided in this Agreernent. The Architect shall not have control over, charge of, oi responsibi!ity for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Arcliitect be responsible for the Contractors failure to perforrn the Woik in accordance with the requirements ofthe Contrct Docurnents. The Aiehitect shall be responsible for the Architect's negligent acts or ornissioris, but shail not have control over or charge of, and shal! not be responsbIe for, acts or omissions ofthe Contractor or ofany other persons or entities performing portions ofthe Work. § 3.6.1.3 Subject to Section 43, the Architect's responsibiflty to prcride Construction Phase Services cornrnences with the awaid ofthe Contract for Constiuction and terrninates opi the date the Architect issues the final Certificate for Paynient. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate tothe stage ofconstruction, or as otherwise required in Section 4.33, to becorne genera!!y farniliai with the progress and quality ofthe portion ofthe Work cornpleted, and to determine, in geneia!, ifthe Work observed is being performed in a manner indicating that the Work, when fully completed, wil! be in accordance with the ContTact Docurnerits, However, the Aichitect sha]1 not be required to make exhaustive or conhinuous on-site inspections to check the quality 01 quantity ofthe Work. On the basis ofthe site visits, the Architect shali keep the Owner rcasonabiy informed about the progress and qua!ity of the portion ofthe Work completed, arid report to the Owner (1) known deviations from the Contract Docurnents and from the rnost recent constTuction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Aichitect has the authority to reject Work that does not conforrn to the Contract Documents, Whenever the Architect considers it necessaiy or advisabIe, the Architect shall have the authority to require inspection 01 testing ofthe Work in accordance with the provisions ofthe Contract Documents, whether or not such Work is fabricated, insta!Ied or cornpleted. Howevei, neither this authoiity ofthe Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibiity ofthe Architect to the Contractor, Stibcontiactors, material and equipment suppliers, theii agents or eniployees or other persons or entities perforrning portions ofthe Work. § 3.6.2.3 The Architect shall interpret and decide rnatters concerning perforrnance under, and requirements of the Contract Documents on written iequest ofeither the Owner or Contractor. The Architect's response to such requests shal! be made in writing within any time Iirnits agreed upon 01' otherwise with reasonable proniptness. § 3.6.2,4 Interpretations and decisions ofthe Architect shall be consistent with the intent ofand reasonably inferable from the Contract Docurnents and sha!I be in writing or in the forin ofdrawings. When making such interpretations and decisions, the Architect shal! endeavor to secure faithful performance by both Owner and Contractor, shaH not show partiaFity 10 either, and shall not be Iiab!e for results ofinterpretations 01 decisions rendered in good faith. The Architect's decisions on matters re!ating to aesthetic effect sliaiI be final ifconsistent with the intent expressed in the Contract Docuinents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Deciion Maker, as that terni is defined in AIA Docurnent A201-2007, the Architect shall render initia! decisions on Claims between the Owner and Contractor as provided in the Contract Docurnents, § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shal! review and ceitif' the arnounts due the Contractor and shall issue certific/tes in such amounts. The Architect's certification for payrnent sha!I constitute a represeiitation to the Owner, based on the AIA Document BI 01 TM - 2007 {formerty BI 51 ' - 1997). Copyrtght 0 1974, 1978, 1987, 1997 and 2001 by The American lnsttute o Architects, Alt rtghts reserved. VARNIN0: TD/r /ijA civ1ioO/. /r proorrd by US. C:opybgh/ Lrw eod Irmribo.rid 'rrobkr:, Unuji/hobz:.:d rr :r/urt!cri or rthrbuUor/ 0/ thIr A./Ay Dc:ij,.o:rheini/, or ruly poobovi of li, my reou.It bo orveiro doolO rmd or rrv/rvril porva lioo, arvd wV/ bo pr 000L ori /cv iro lovudim urvi evit po. iviiiidor oio aw, This document was produced by AIA software at 08:43:09 en 01/13/2017 under Order No37655314981 whlch expires on 08/22/2017, artd is 001 ror resale. User Notes: (1097281869) Page9l of 128 6 Archiect's evaluation ofthe Work as provided in Section 3.6.2 and en the data comprising the Contractoi's Application for Payment, that, to the best ofthe Ai'chitect's knowledge, information and belief, the Work has progressed to thc point indicated and that the quality ofthe Work is in accordance with the Contract Docurnents. The foregoing representations are su'bject (1) 10 an evauation ofthe Work for confoimance with the Contraet Documents upon Substantial Compietion, (2) to iesults ofsubsequent lesis and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6,3.2 The issuance ofa Certificate for Payment shall not be a representation that the Architeet has (1) made exhaustive or continuous on-site inspeetions to check the qiiaiity or quantity ofthe Work, (2) reviewed eonstruetion means methods techniqiues sequences or proceduies, (3) ieviewed copies oflequisltlons received fiom Subcontractors and material suppliers and other data requested by the Owner to ubstantiate the Contractor's riht to payment, 01' (4) ascertained how oi' for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shal maintnin a record ofthe Applications and Certificates for Payinent § 3.6.4 SUBMITTALS § 3,6,4.1 The Architect shal! review the Conti'actor's subinitial schedule and shal! not unreasonab!y delay or withhold approval. The Architect's action in reviewing submitta!s shall be taken in accordance with the approved subrnittal schedule or, in the absence ofan approved submittal schedule, with reasonable pl'ornptness while aliowing sufficient time in the Architect's professional judgment to perrnit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take ether appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Sampks, but oniy for the Iirnited purpose ofchecking for confoiznance with information given and the design concept expressed in the Contract Documents. Review ofsuch submittals is not for the purpose of deterrnining the accuracy and completeness ofother information such as diinensions, quantities, and installation or performance ofeqllipment or systems which aie the Contractor s icsponsibility The Aichitect s ieview shafl not constitute approval ofsafety precautions or, un!ess othei'wise specifically stated by the Architect, ofany construction means, methods, techniques sequences 01 procedwes The Architect's appioval ofa specific item shal! not indicate approva ofan assembly ofwhich the item isa component. § 3.6.4.3 ifthe Contract Documents specifical!y require the Contractor to provide profession& design services or certif'ications by a design piofessional ielated to systems, materials oi equipment lhe Architect shall SpCcl1' the apploprlate peifoimance and design criteria that such services must satlsfy The Architect shal! revew shop drawings and othei subinttaIs ielated to the Wotk designed or ceitified by the design professional ietained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy accuracy and completeness ofthe seivices ceitifucations and approvals peifoimed or provided by such desigri piofessionals § 3.6.4.4 Subject to the provisions ofSection 4.3, the Architect shaI review and respond to requests for inforrnation about the Conti act Documents, The Architect shal] set forth in the Contract Documents the requirements for requests for information. Reqnests for inforrnation shall inc!ude, at a minimum, a detailed written statement that indicates the speeific Drawings or Specifications in need ofclarification and the nature ofthe clarification requested. The Architcct's response to such requests shall be made in writing within any tiine Iimits agreed upon, or otherwise with reasonable promptness. Ifappropriate, the Architect shall piepare and issue supplemental Di'awings and Specifications in l'csponse to requests for information. § 3.6.4.5 The Architect sha!1 maintain a record ofsubmittals and copies ofsubmittals suppied by the Contractor in accordance with Ihe requirernents ofthe Contract Docurnents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent ofthe Contract Documents and do not involve an adjustrnent in the Contract Sum 01 an extension ofthe Contract Time. Subject to the provisions ofSection 4.3, the Architect shall prepare Change Oi'ders and Construction Change Direetives for the Owner's appI'ova and execution in accordance with the Contract Documents,, AIA Document BIOl "' - 2007 (formerly B151 IM - 1997). Copyrlhl © 1974, 1978, 1987, 1997 and 2007 byThe American Insthute orArth8ects. All Ights Init. reser\od. WARN1NG Thh A.i.A DOirvnvt h. p.rotctod h IU$ CopyivIht Uw and Dnterat/oni TreatOe, Unui orzd reporoduc/ion or dtr/bUon of thd AIA Do urnmt, or nny F1/on nI R, nay innN In nevrn civ/ nd rmI nd wI•Di bn routGd 10 thi Tn Im ivm x.tnni psIbk vnthr1d VW, ThIs document was produced byAIiA softwsre al 08:43:09 on 01/1312017 unde 0def No.3755531498_1 whkh exptres on 08/22/2017, and Is nol lor resale. User Notes: (1097281859) Page 92 of 128 7 Init. § 3,65,2 The Architect shall rnaintain records relative to changes in the Woik, § 3,6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates ofSubstantial Cornpletion and the date offinal completion; issue Certificates of Stibstantial Compietion; receive froni the Contraetor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Ceitiflcate for Payinent based upon a final inspection indicating the Work complies with the requirements ofthe Contraet Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance ofthe Work with the requirements ofthe Contract Docurnents and to veriJ th,e accuracy and completeness ofthe list submitted by the Contraetor ofWoik to be completed or cori'ected. § 3.6.6.3 When the Woik is fotind to be substantially cornplete, the Ai'chitect shall inforrn the Owner about the balance ofthe Contract Suni remaining to be paid the Contractor, including the amotrnt to be retained from the Contract Sum, ifany, for final completion or correction ofthe Work. § 3.6.6.4 The Architect shall forward to the Ownei the foliowing information received from the Contiactor: (1) consent ofsurety or sureties, ifany, to reduction 111 or partial release ofretainage or the making offinal paytnent; (2) affidavits, receipts, releases and waivers ofliens or bonds indernnifying the Owner against liens; and (3) any other documentation required ofthe Contractor under the Contract Docurnents. § 3.6.6.5 Upon request ofthc Owner, and prior to the expiration ofone year fiom the date ofSubstantial Completion, the Architect shall, without additional compensation, conduct a rneeting with the Owncr to review the faci lity operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listcd below are riot included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only ifspecificaily designated in the table beiow as the Architect's responsibility, and the Owner shal! cornpensate the Architect as provided in Section 11.2. Additional Services ResponsibiIity (.4chi/ec/, Ou'ner or Not Prov/ded) Location ot Service Description (Sec/ion 4.2 be/ow ar in cin exhibi/ attached to this documenf and ident/fied be1ow § 4.1.1 Progratnming Not Pi'ovided Additional Servke § 4.1.2 Multiple prelirninary designs Arcliftect In Base Fee 4.1.3 Measuted drawings Not Provided Additional Serviee ______ § 4 1 4 Existing facilities suivcys Not Piovided Additional Service § 4.1.5 Site Evaluation and Planning (B2O3TM-2007) Architect In Base Fee § 4.1.6 Building information modeling Not Provided Additional Service Row deleted § 41 7 Civul englneeilng Aichitect In Base Fee § 4.1.8 Landscape design Architect In I3ase Fee § 4.1.9 Aichitectural !nterior Design (B252T5i_2OO7) Architect In I3ase Fee Row de/eicd § 4 111 Detailed cost cstlirlatlng Not Piovided Additional Setviee § 4 112 On ste project iepiesentation Not Provided Additional Seivice (Rows dele/ed) § 4.1.14 As -designed record drawiiigs (Construction Set) Not Provided Additional Service (Row deleted) § 4.1.15 As -constructed record drawings (Record Set) (Row dele/ed) Not Provided Additional Service AIA Documen( BI 01 TM - 2007 (formeriy B151 - 1997). Copyright © 1974 1978, 1987, 1997 and 2007 y The American Institute of Architects. Alt! rihts reserved V//Ai//.F.G:: •iThis !Docvvhnt :k proected /y U ... CopyrIht Lw nncO rre UflflOrIZd ucrion oir di1str/it/on 8 cf A/.� FDonovt, or any poton oi t, niny irnsul/ iwoiin c/v/i rid r/rn in/ pnr! n!/nn, nvi.d w!!V b• pronncut!d to t.Oh ori a Imum. oxtont postbI o iw, This document was produced by AIA software at08:4:09 ori 01/13/2017 under Order No.3755531498_1 which expires on 08/22/2017, and Is nol for resale, User Notes:: t1097281859) Page 93 of 128 Inft. § 4.1.16 Post occupancy evaluation Not Provided Additional Service (Roir ddeted, § 4.1.18 Tenant-ielated setvices Not Piovided Additional Service § 4.1.19 Coordination ofOwner's consultants Not Provided Additionai Service § 4.1.20 Telecommunications/data dcsign Architect In Base Fee § 4.1.21 Security Evaluation and Planriirig (B2O6TM_2007) § 4.1.22 Commssioning (B2I1TM_2007) Not Provided Additional Service § 4.1.23 Extensive environmentafly responsible design Not Piovided Additiona Seivice § 4.1.24 LEED Certifieation (B2l4Tt 2007) Not Provdcd Additional Servce § 4.1.25 Fast-tiack design services Not Provided Additional Service § 4,1,26 Historic Preservation (B2O5TM_2007) Not Provided Additional Service § 4.1.27 Furniture, Furnshings and Equipnient Design (B253T1-2007) Architect Under separate Form ofProposat from general contract for bidding; fee to be determined per Fui'nture Sliding Fee Schedule. § 4.1.28 Inventory ofExisting Furnituie, Furriishings &Equipment Not Provided Additional Service § 4.1.29 Assisting/Coordination of Furniture/Furnishirigs when not under contract or by purchase order with Owner Not Provided Additional Service § 4.1.30 Furniture Preliminary Design for budget purposes when not under contract or by purchase order with owner Not Provided Additional Service § 4.2 Jnert a description ofeach Addition& Service designated in Section 4,1 as the Architect's responsibility, ifnot further described rn an exhibit attached to this document Sce Exhibit "A for detaikd desciiptions ofadditional services. § 4.3 Additional Services may be provided after execution ofthis Agreement, without invalidating the Agreement. Except for services required due to the fault ofthe Architect, ariy Additionai Services provided in accordance with this Section 4 3 shal'! entit!e the Ai clutect to compensation pui suant to Sectiori 1 3 and an app opi tate adjustinent in the Architect's schedule § 4.3.1 Upon recognizing the need to perforin the foliowing Additional Sei'vices, the Architect shall notify the Ownei with ieasonabieprornptness and explain the facts and clrcumstances giving rise to theneed The Aichitect shall not pi oceed to provtde the following sei vices until the Architect rcceives the Ownei &s written authoi ization 1 Seivices neccssitated by a change in the Jnitial Jnformation, pievious instructions or appiovas given by the Ownei 01 a matei tal change in the Project incuding but not Iimited to size, quality complexity the Owner's schedule 01 budget fot Cost ofthe Work or procuiement or deliveiy rnethod Services necessitated by the Owner's request for extensive environmentally responsiblc design alternatives, such as unique systeni designs, in-depth material reseai-ch, energy modeling, or LEED® certification; Changing 01' editing previously prepared Instrurnents of Sei'vice necessitated by the enactment 01 revision ofcodes, laws or regulations 01 official interpretations; Services necessitated by decisions ofthe Owner not rendered in a timely manner or any other failuie ofperformance on the part ofthe Owner or the Ownei's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consuttants and contractors, or to other Owner authorized recipients; AIA Document BI QTM - 2007 (tormeriy BI 51 " - 1997). Copyright 10 1974, 1978, 1987, 1997 and 2007 by The American Insiitute of Archiiect. II dghts reserved. WAR N1NG: Th/i AIA Oonv'v s po ncied by IUS CopyrIijhi Lw and Vninor nboinai Traairies, tJ .Umrzd reoduc.ton or dblbu.i,lor, o thik; AA C'ouirnnni, o' any p01100 ni ft IIImiy rasuit in 0eirn cia.I 0.111 IOOI panaVNaa, and WIVI bo PIWO cU10d 10 Nili mliiVmum xtent ijpo:a.albln ilin law. This documoni was produced by AIA soliware at 05:43:09 on 01113/2017 under Qrder NSo,37555314981 which explres on 08/22/2017, and Is not for resale, User Notes: (1097281859) 9 Page 94 of 128 Init. .6 Preparation ofdesign and docuinentation foi alternate bid or proposal requests pioposcd by the Owner; .7 Preparatiion for, and attendance at, a public presentation, rneeting er hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation ofthe qualifications ofbidders or pei'sons providing proposals; .10 Consultation concerning replacernent of Work iesulting from fire or other cause durng construction; 01 .11 Assistance to the initiat Decision Maker, ifother than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the foliowing Additional Services, notify the Owner with reascrnable promptness, and explain the facts and circumstances giving risc to the need. Ifthe Owner subsequently determines that all or parts ofthose seivices are not required, the Owner shall give promflt written notice to the Architect, atid the Owner shali have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agieed to by tlie Areb itect; .2 Responding to the Conttactor's rcquests for infoiniation that are not prcpared in accordance with the Contract Documents or whcre such information is avaikbte to thc Contractor froin a careful study and conlparison ofthe Contract DocLlments, field conditions, other Owner -provided information, Contiactor-prepared cooidination drawings, or prior Projeet coi'respondcnce or docuinentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation ofContractor's proposals and supporting data, or the preparation or revision oflnstrurnents ofService; .4 Evaluating an extensivc number ofClaims as the Initial Decision Maker; .5 Evaluating substitutions pioposed by the Owner or Contractor and niaking subsequent revisions to Instruments ofService resulting therefroni; or .6 To the extent the Architect's Basic Services are affected, providirig Constrttction Phase Services 60 days after (1) the date ofSubstantiat Completion ofthe Work or (2) the anticipated date of Substantial Compietion identified in Initial Information, whichever is eaiIier, § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Aichitect shall notify the Owner: .1 Unlimited reviews ofeach Shop Drawing, Product Data item, sample and sirnitar submittal ofthe Contractor .2 Bi -weekly visits to the site by the Architect ovcr the duration ofthe Project during construction . Three (3) inspections for any portion ofthe Wrk to determine whcther such portion ofthc Work is substantially coinplete in accordance with the requircments ofthe Contract Documents .4 One (1) final inspection foi any portion ofthe Work to determine final completion and onc year-end warranty inspection. § 4.3.4 Ifthe services covered by this Agreeinent have not been completed within (24) nionths ofthe date ofthis Agrcement, through no fault ofthe Architect, extension ofthc Architect's services beyond that time shail be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for tinder this Agreement, the Owner shall provide inforrnation in a timely regarding recjuirements for and Iimitations on the Project, including a written program which shall set forth the Owner's otjcctives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandabiiity, speciat equipment, systems and site rcquircments. Within 15 days after receipt ofa written request from the Architcct, the Owner shall furnish the iequestcd information as necessary and relevant foi the Architect to evaluate, give notice ofor enforce lien rights. § 5.2 The Owner shali estabtish and periodically update the Owner's budget for the Project, ineluding (1) the budget for the Cost ofthe Work as defined in Section 6.1; (2)the Owner's other costs; and, (3)reasonablc contingencies related to alt ofthcse costs. lfthe Owner significantly increases or decreases the Owner's budget for the Cost ofthe Work, the Owner shall notiiv the Architect. The Owner and the Architect sliatI thereafter agree to a coriesponding change in the Project's scope and quality. AIA lDocument B1O1" - 2007 {formerly 8151TM - 1997), Copyri0hLO 1974, 1978, 1987, 1997 and 2007 byThe Amer0can Inslifute of Archtects, All rlghts roserved.. V•0 0 0 ren ij:irctn0 b CopyIght nd On noof0�oii0 Tr t0e. rpro0rtI0n rrouulcni ihiI /0/ or ny pn.oTha a, m ny r•.nnn0t On nevev Vva nnc co rriIn 0 nnijflns, end wO 0 hn pron n nOnd to thin iniin uirn •extnnt cwsObIn nnc0nr Uw Oniw Thls document was produced byAIA software at 08:4:09 on O1J13/2O7 under Order No.37555314981 which exp0res on 08122f2017, and is not for resale. User Notes: (1097281859) Page 95 of 128 10 § 5.3 The Owner shail identifj a repiesentative authorized to act on the Owner's behafwith respect to the Project. The Owner shali rendet decisions and approve the Architect's submittals in a timely manner in order to avoid unieasonable delay in the oiderly and sequenttal progiess ofthe Architect s services § 5.4 The Owner sliaIi fiirnish surveys to describe physical charactethtics, legal Iirnitatkrns and utility Iocations for the site ofthe Project, and a written legal description ofthe site. The surveys and legal information shall inelude, as applicable, grades and lines ofstreets, alieys, pavements and adjoining property and structures; designated wetlands; adjacent diainage, nghts of way, restrictions, easements encioachments zoning deed restiictions boundaries and contoui s ofthe site Iocations dirnensions and necessaiy data with i espect to existing buildings other improvements and tiees and infoirnatton concerrnng avaiab1e utility services and Irnes both public and private above and below grade ineluding rnverts and depths All the information on the suivey shall be iefeienced to a Pioject benchmaik (Paragraph deleted) § 55 The Ownei shall furnish services ofgeotechnical engineers, which may include but are not limited to test borings, test pits, deterrninations ofsoil bearing vakes, percolation tests, evaluations ofhazardous rnaterials, seismic evaluation, ground corrosion tests and tesistivity tests, including necessary operations for anticipating subsoil conditions, with written repotts and approptiate recommendations. § 5.6 Tite Owner shall coordinate the services ofits own consultants with those services provided by the Architect. Upon the Architect s request the Ownei shall fuinish coptes ofthe scope ofseivices in the contiacts between the Ownei and the Ownei s consultants fhe Ownet shalt fuinish the services ofconsultants other titan those designated rn this Agreement, ot authotize the Aichitect to futnish thern as an Additional Service when the Architect requests such services and demonstiates that they ate reasonably iequned by the scope ofthe Ptoject The Owner shafl require that its consultants maintain professional Itability insuiance as appropt tate to the services provided § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Docurnents, such as structur&, rnechanica, and chernical tests, tests for alt and water pollution, and tests for hazardous niaterials. § 5.8 The Owner shIi furnish all legal, insurance and accounting services, including auditing ervices, that may be reasonably necessary at any time for the Prctject to meet the Owner's needs and interests. § 5.9 The Owner shall provi'de promptwritten notice tothe Arcliitect ifthe Owner becomes aware ofany faut oi defect in the Pioject, tncludwg errois ornisstons or inconsistencies 111 the Auchttect s Instiuments ofSeivice § 5.10 Except as otherwise provided itt this Agreement, or when direct cornrnunications have been specially authorized, the Owner shall endeavor to cominunicate with the Contractor and the Architect's consultants through the Architcct about ntatters arising out ofor relating tothe Contiaet Documents. The Owner shall proniptly notify the Architect ofany diiect comrnunications that may affect the Architect's services. Inft. 5.11 Before executing the Contract fot Construction, the Owner shali coordinate the Architect's duties and iesponsibilities set foith in the Contiact for Constiuction with the Architect $ seivices set forth in this Agreement The Ownei shall provide the Aichitect a copy ofthe executed agreement between the Ownei and Confractoi including the General Conditions ofthe Contract foi Constiuction § 5.12 The Owner shall provide the Architect access to the Project site prior to cornrnencement ofthe Work and shall obligate the Contractor to provide the Archilect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes ofthis Agreement, the Cost ofthe Woik shall be the total cost to the Owner to construct all elements ofthe Project designed or specified by the Architect and shali inelude contractors' general conditions costs, coristruction manager's fees, ifany, and overhead and profit. The Cost ofthe Work does not include the compensation ofthe Architect, the costs ofthe land, rights-of-way, fimncing, contingencies for changes in the Work ar other costs that are the responsibility ofthe Owner. § 6,2 The Ownei's budget for the Cost ofthe Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations ofthe Owner's budget for the Cost of AIA Docurneni Bi 01 TM - 2007 (formorly B1 51" - 1 997}. Copyright © 1974 1978, 1987 1997 and 2007 by The American Institute of AchItects. AlI rlghts reserved. WARN1NC T1 AVA e'o,rnt poroted by US CopytIhi Law TreU:s Unt z•D or dtrtio o h i 0oiIIITeInit, cr Iiy poiition o 1, r:ay ruIt ioi civi 1 nd :•irIo lnI pv:i tle., .ne vllI b procu1c1 o nun x:int ndor ih bw Thls document was produced by AIA software at 08:43:09 on 01/13/2017 under Order No.3755531498_1 whlch explres on 08122/2017, and Is not for iresale tJser Notes: (1097281859) 11 Page 96 of 128 Uiit. the Work, the prelitninary estimate oftlie Cost ofthc Work and updated estiniates ofthe Cost ofthe Work prepared by the Aichiteet, represent the Architcct's judginent as a design professienal. It is reeognzed, however, that neither the Architect nor the Owner has control over the cost oflabor, materials or equipnierit; the Contractor's rnethods of determining bid priccs; or cornpetitive bidding, rnarket 01 negotiating conditions, Accordingly, the Architeet cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost ofthe Work or fiom any estimate ofthe Cost ofthe Work or evaluation prepared or agreed to by the Architect. § 6.3 Iri preparing estimates ofthe Cost ofWork, the Architect shall be perinitted to inciude contingencies for design, bidding and price escalation; 10 determine what materials, equipment, component systems and types of construction are to be included iri the Contract Documents; to make reasonable adjustments in the prograni and scope ofthe Project; and to inelude 111 the Conti'act Documents alternate bids as may be necessary to adjust the estimated Cost ofthe Work to meet tbe Owner's budget for the Cost ofthe Work. The Architect's estimate ofthe Cost ofthe Work shali be based on current area, volume or sirnilar conceptual estirnating techniques. lfthe Owner requests detailed cost estimating sei'vices, the Architect shaH provide such services as an Additional Service under Article 4. § 6.4 Ifthe Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, ihrough no fault oftlie Architect, the Owner's budget for the Cost ofthe Work shall be adjusted to reflect changes in the general tevel ofprices in the appiicable construction rnarket, § 6.5 Ifat any time the Architect's estimate ofthe Cost ofthe Work exceeds the Owner's budget for the Cost ofthe Work, the Architect shall make appropriate recoinmendations to the Owner to adjust the Project's size, qtiality or budget for the Cost ofthe Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 Ifthe Owliei"s budget for the Cost ofthe Work at the conclusion ofthe Consti'uction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give wi-ilten approval ofan increase in the budget for the Cost ofthe Work; .2 authorize rebidding 01' rcnegotiating ofthe Project within a i'easonab!e time; .3 terminate in accordancc with Section 9.5; .4 in consultution with the Architect, revise the Project prograln, scope, 01' quality as required to reduce the Cost ofthe Work; or .5 implernent any other mutuaiiy acceptable alternative. § 6.7 Ifthe Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shail modify the Construction Documents as necessary to comply with lhe Owner's budget for the Cost ofthe Woi'k at the conclusion ofthe Consti'uction Documents Phase Services, oi- the budget as adjusted under Section 6.6.1. The Ai-chitect's modification ofthe Construction Docuinents shall be the lirnit ofthe Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architcct and the Owner warrant that in transmitting Instruments ofService, 01' any other information, (he transmitIing party is the copyright owner ofsuch information or has permission fiom the copyright ownei to transmit such information for its use on the Project. ifthe Owner and Architect interid to transinit Instrutnents of Service or any other information oi' documentation in digital form, they shall endeavor to establish riecessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consuitants shall be deeined the aiithoi's and owners oftheir respectve lnsti'uments ofSei'vice, including the Drawins and Specifications, and shall retain all comrnon aw, statutory and other i'eserved rights, including eopyrights. Subniission or distribution oflnstruments of Service to ineet official regulatoi-y requirements oi' for similar purposes in connection with the Project is not 10 be construed as pubtication in derogation ofthe reserved rights ofthe Architect and the Architect's consultants, § 7.3 Upon execution ofthis Agreement, the Architect grants to the Owner a nonexclusive Iicense to use the Architect's instruments ofService solely and exclusively for purposes ofconsti-ucting, using, mainlaining, altering and adding to the Project, provided that the Owner substantiaily perfoi'ms its obligations, including pronlpt payrnent ofali sums when due, under this Agreenient. The Architect shall obtain similar nonexclusive licenses fi'om the Architect's consultants consistdnt with this Agreement. The Iicense granted under this section permits the Owner to AIA Document Bi 01 IM - 2007 (formerly BI 51 M - 1 97l Copyright © 1974, 1978, 1987, 1 997 and 2007 by Tho Amercan Institute of Archltects, All rIghts reserved. \/1FMNG Th Vs AIA0 0ociiieini p.irotnc:td by LJF,: (opyqb Lw nd 1 ri'iprira ]:rij"1 11 rl Hod vp:>rLI ii.cio r d.butiOr cf Vvl. A/ lbCUIITII1Ii Or ny )rtt lt a.y nS.11 11] nVE C:lvi l Cr1iUioa pnril Fin, noil w:I bn lprQsn:uind o thi rinxhri uIrii rtnnt lposlilo uoder tbn law This documenl was produced by AIA software at 08:43:09 an 01f1f2017 under Order No37555314981 wiich napires on 08122/2017, and is not for resale. User Notes: (1097281809) Page 97 of 128 12 Init. authorize the Contractor, Subcontrctors, Sub -subcontractors, and material or equpment suppliers, as wdll as the Owner's consultants and separate contractois, to reproduce appHcabie portons ofthe Instruments ofService solely and exclusiveiy for use in performing services or constructon for the Project. Ifthe Architect rightfi.ilIy termnates this Agreernent for cause as provided in Section 9.4, the license granted n this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author ofthe tnstrurnents of Service, the Ownei reieases the Architect and Architect's consultant(s) from all claims and causes ofaction arising fro,m such uses. The Oiier, 10 the extent permitted by law, further agrees to indemnif' and hold harmless the Architect and its consuttants flom alt costs and expenses, rncluding the cost ofdefense related 10 claims and causes of action assei ted by any third pei 500 01 entity to the extent such costs and expenses at 1 se from the Ownei 's use of the Instrurnents ofService under this Section 7 3 1 The teirns ofthis Section 7 3 1 shall not apply ifthe Ownei iightfiilly teiininates this Agreement for cause undei Section 9 4 § 7.4 Except for the licenses granted 111 this Article 7, rio other Iicense or right shall be deemed granted or irnplied undci this Agiecment The Ownei shall not assign delegate subhcense plcdge oi otheiwise transfei any hcense gianted herein to anothei paity without the pisor wrutten agreernent ofthe Aichiteet Any unauthoiized use ofthe tnsti urnents of Sei vice shall be at the Owner's sole i isk and without liability to the Architect and the Ai chitect s consultants. ARTICLE 8 CLAIMS AND DISPIJTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall coinmence alt claims and causes ofaction, whether in contract, tort, 01 otherwise, against the other arising out ofor ietated to this Agreernent in accordance with the requirements ofthe method ofbinding dispute resolution selected in this Agreement within the period specified by appiicabte iaw, but in any case not mote than 10 years afler the date ofSubstantial Completion ofthe Work. The Owner ancl Architect waive alt claims and causes ofaction not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent darnages are covered by property insurance, the Owner and Architect waive alt rights against each other and against the contractors, consultants, agents and employees ofthe other for damages, except such rights as they may have to the proceeds ofsuch insuiance as set forth in AJA Document A201-2007, General Conditions ofthe Contract for Construction. The Owner or the Architect, as appropriate, shall require ofthe contractors, consultants, agents and eniployees ofany ofthem sirnilar waivers in favor ofthe other parties enumeiated herein. § 8.1.3 The Architect shall indeninify and hold the Owner and the Owncr's officers and employees harrntess from and agalnst damages, losses andjudgments aiising from claims by third parties including ieasonable attoineys fees and expenses iecovetabte under appticable law, but only to the extent they are caused by lhe negligent acts 01 omissions ofthe Aichitcct its ernployees and its consultants in the perforrnance ofpiofessional scrvices undei this Agreernent The Architect s duty to indeninify the Ownei undei this piovision shall be lirnitcd 10 the available proceeds of insurance coveragc. § 8.2 MEDIATION § 82 1 Any claini dispute oI othei niattei in question ai ising out of 01 related 10 thus Agieement shali be subject 10 nriediation as a condition piecedent to binding dispute tesolution Ifsuch matter relates to 01 15 the subject ofa lien aiising out ofthe Architect's seivices, the Architect may pioceed in accordance with applicable lawto comply with the hen notice 01 filing deadhnes prioi to i esolution ofthe mattei by mediation 01 by binding dispute iesolution § 8.2,2 The Owner and Architect shall endeavor to resolve claims, disputes and other niatters in question between thern by mediation which, unless the parties rnutuatly agree otherwise, shall be adrninistered by the American Arbitration Association in accordance with its Construction tridustry Mediation Procedures in effect on the date of the Agieement. A request for rnediatiori shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity adrninistering the niediatiori. The request may be made concurrently with the liling of a complaint or other appropriate dernand for binding dispute resotution but, in such event, mediation shall proceed 10 advance ofbinding disputeiesolution proceedings, which shall be stayed pending rnediation for a period of 60 days from the date offihing, uriless stayed for a longer period by agreement ofthe parties or court order. lfari arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection ofthe arbitrator(s) and agree upon a schedule for tater proceedings. AIA Docunient BIOl TM - 2007 (rormerly 8151 "' - 1997). Copyright 1974, 1978. 1987, 1997 and 2007 by The American Instltute of Arcbltects. All Ights resorved. WAiNING.: 1h AIA' Docornent pvcwi»cted by U•3 CopyrIhi L1W nd IviiirnetiorieI Trnein, U ijth0rc1 nproducUon or dikhukm Ot (his /uA.' Docwn st, or sny por o O I, my rOSfflt tvor Civii sni c;rn Ii penaVires snd wIVI be rosecufed to 1Vm medm em exiset poesble der ibe Iaw, This documenl was produced by A1A software at 08:43:09 on 01/13i'201i7 under Order No.3755531498_1 whVch expires on 08/22/2017 and 5 not for resale. User Notes (1097281859) 13 Page 98 of 128 Init. § 8.2.3 The parties shafl share thc medator's fee and any fihing fees equally. The rnediation shall be held in the piace where the Project is located, unfess another Iocation is inutuaily agreed upon. Agreernents reached in mediation shail be enforceabie as settlement agleements in any court havingjurisdiction thereof. § 8.2,4 Ifthe parties do not resoive a dispute through rnediation pnrsuant to this Section 8.2, the method ofbinding dispute resolution shall be the foliowing: (Parag,aph dele/ed) [ ] Arbitration pursuant to Section 8,3 ofthis Agreernent XjLitigation in a court ofcompetentjurisdiction Other (Spect5) (Pa'agraphs de!eted) ARTCLE 9 TERMINATION OR SUSPENSION § 9.1 ft1ie Owner fails 10 make payments to the Architect in accordance with this Agreement, such faikire shall be considered substantial nonperforrnance and cause for terniination or, at the Architect's option, cause for suspension ofperformance ofservices uncter this Agrcernent. lfthe Aichitect dects to suspend services, the Architect shall give seven days1 written notice to the Owner before suspending services, In the event ofa suspension ofservices, the Architect shall have no Iiabifity 10 the Owner for delay or damage caused the Owncr because ofsuch suspension of services. Before resLlming serviees, the Architect shafl be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption ofthe Architect's services. The Architect's fees for the rernaining srvices and the tirne schedules shali be equitably adjusted. § 9.2 Ifthe Ownei suspends the Pioject, the Architect shali be compensated for services perfoinied prior 10 notice of such suspension. When the Project is resuined, the Architect ha11 be compensated for expenses ineurred in the interruption and resuniption ofthe Architect's services. The Architeet's fees for the remaining services and the time scheduies shall be equitably adjusted. § 9.3 !fthe Owner suspends the Project for more than 90 curnulative days for reasons other Ihan the fault ofthe Architect, the Architect may terniinate this Agreement by giving not Iess than seven days' written notice. § 9.4 Either party may terminate this Agre fail substantially to perform in accordance the terniinaiion. ent upon not Iess than seven days' written notice should thc othei' party th the ternis ofthis Agi'eement through no fault ofthe party initiating § 9.5 The Owner may ternhinate this Agrernent upon not Iess than seven days' written notice to the Aichitect for the Owner's convenience and without cause. § 9.6 In the event ofterrnination not the faiilt oftlie Ai'chitect, the Architect shall be coinpensated for services pei'foimed prior 10 termination, togethei with Reimbursable Expenses theri due and all Termination Expenses as defined in Section 9.7. § 9.7 Terrnination Expenses are in addition to cornpensation for the Architect's services and include expenses dinctly attributable to termination for which the Architect is not otherwise coinpensated, pus an ainount for the Architect's anticipated profit on the value ofthe services not perforrned by the Architect. § 9.8 The Oiier's rights to use the Architect's Instruments ofService in the event ofa tertnination ofthis Agrecrnent are set forth in Article 7 and Section 11.9. ARTICLE 10 MSCELLANEOUS PROVISIONS § 10.1 This Agreernent shali be governed by the law ofthe place where the Project is located, except that ifthe pariies have seiected arbitration as the niethod ofbindiuig dispute resotution, the Federal Arbifration Act shall govern Section 8.3. AA IDocument BI TM - 2007 (formory 8151 " - 1997). Copyrighf © 1974, 1978, 1987, 1997 and 2007 by The American Inslifute of Archltecls. All rfghts resorved. dAOtI.N3 rr A/\ CiccIITIion pirtctd by J:5 C.opy•b nd Intoirvcie U auihcr:d. oo' 14 of thb A) 1 Lorn riv, or iiy pviI: o b, my arib ovi od c;r riithi pn th, nd w/.0 bo proctIiof to th rTO 0 000 ont pooIbPo uith ow. ThIs documentwas produced byAIA software atOS:43:O9onOl/13/2ol7under QrderNo3755531498_1 wNcJtespires on 0812212017, and Is not for resale. User Notes: (1097281859) Page 99 of 128 § 102 Terms in this Agreernent shall have the same meaning as those in AIA Dccument A201-2007, General Conditions ofthe Coritract for Construction. § 10,3 The Owner and Architect, respeetveIy, bind themselves, their agents, successors, assigns and legal representatives to this Agrecment. Neither the Owncr nor the Architect shall assign this Agreement without the written consent ofthe other, except that the Owner may assign this Agreement to a lender providing financing for the Project ifthe lender agrees to assume the Owner's rights and obiigatioris under this Agreernent. § 10.4 lfthe Owner requests the Architect to execute certificates, the proposed Ianguage ofsuch certifkates shall be submitted to the Architect for rcview at ieast 14 days prior to the requested dates ofexecution. Ifthe Owner requests the Architect to execute consents reasonabiy required to facilitate assignnient to a lender, the Architect shall exeeute all such consents that aie consistent with this Agreement piovided the pioposed consent is submitted tothe Aichitect for review at least 14 days pi tor to execution The Architect shall not be required to execute certificates oi consents that would iequire knowledge services 01 responsibilities beyond the scope ofthis Agieernent § 10.5 Nothing contained in this Agreerncnt shall create a contractual relationship with or a cause ofaction in favor ofa third party against either the Owner 01' Architect, § 10,6 Unless otherwise required in this Agreenient, the Architect shall have no responsibility for the disoovery, presence, handhng removal or disposal of or exposurc ofpeisonsto hazardous mateiials or toxic substances in any foi iri at the Project site § 10.6,1 The Client agrees, notwithstanding any other provision ofthis Agreement, to the fiHest extent pei'mitted by law, to indemnit' and hold harmless the Architect, its officers, partners, ernployees and subconsultarits (collectively, Consuhant) fiom and against any and al'l claims, suits, demands, liabilities, losses, damages or costs, inciuding reasonable attorneys' fees and defense costs arising out ofor in any way connected with the detection, presence, handling, removal, abatement, or disposal ofany asbestos oi' hazardous or toxic substances, pi'oducts or inatei'ials that exist on, abou't 01 adjacent to the Project site, whether Ilability arises undei' breach ofconti'act cw warranty, tort, ineluding negligence, strict liability or statutory Iiability, reguiatory or any other cause ofaction, except for the sole negligence or willful rnisconduct ofthe Architect. § 10.7 The Architect shall have the right to include photogiaphic or artistic representations ofthe design ofthc Project among the Architect's promotional and professional niaterials. The Arcliitect shall be given reasonable access to the completed Project to make such repiesentations. However, the Architect's materials shall not inelude the Owner's confidential 01' proprietary infoi'niation ifthe Owner has pieviously advised the Architect in wilting of the specific inforrnation considei'ed by the Owner to be confidential or proprietary. The Owner shall provide professiona credit for the Architect in the Owner's promotional matei'ials for the Project. § 10.8 lfthe Architect or Owner receives information specifically desigiiated by the other party as confidential" or 'business proprietary,' the receiving party shall keep such infoimation stricfly confudential and shall not disctose it to any other person except to (1) its einployees, (2) those who need to know the content ofsuch information in order 10 perform sei'vices or consti'uction solely and exclusively for the Project, or (3) its consultants and contractors whose contiacts inelude sitnilar restrictions on the use ofconfidential information. init. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services describcd under Articic 3, the Owner shall compensate thc Architect as follows: Compensation shall be a lixed fee ofTwenty-eight thousand, three hundred and eighty dollars and 00/100 ($28,380.00) which includes mileage and tu'avel expense, ifany. Reimbursable expenses will be atthe expenses of the Owner as outlined at 11,8. NOTE: In the event a Construction Manager is part ofthe project or becomes part ofthe project, tlie Architect reserves the i'ight to invoice on items that typically would be part ofthe Basis Bid (Construction Value) and/or may AIA Document BIO1TM - 2007 (ormeIy BISITM - 1997). CopyrIht© 1974, 1978, 1987, 1997 and 2007 by The Arneican lnstitule of Ach/tec1s. All irlghts reserved WAR N VN T h ri AIA Uoorn nI , Thn /ed Ly 1 P ' c lft L w no 1n n lD on I rr 1 in LI lhcn d r0p OrI OCI 00 0 dI rth U ij L 15 of thfis ./IA' Docuirnon1, o oriy poirtion at i, may rsnu ft i/o oevere c./i nor,.d ino1 arflU.nn, ricO wI/I Lm prossouted 10 l.i,s max.Vmom extrit ns/ibls nckor ths aw, This documcnt was produced by AIA soFtware at 08:43:09 on 01113/2017 under Order No.37555314981 wh/ch expires on 08/22/2017, and Is not For resale. User Notes: (1097281859) Page 100 of 128 Init. fail under General Conditions. Such items include, alLowances, permit fee(s), teinporary facilities, geothermal concluctivity test, special inspections, conlmissioning, utility consumption/connection fees, equipment expense and furnishings. Atso to be included as cost ofthe work would be the constiuction managers' fees with the exception of their preconstruction phase services See Article 6, Paragraph 6.1 Cost ofthe Work. Fee Schedule - Furniture (Owner/Contractor Contract aiid/or by Piircliase Orders) (Fw'nllure Projecls eilher done by Oivner/Conimcioi' Con/raci 0,' Pw'chase O,'der under $50,000. 00 will be billed Iiourly) 0 50,000 Hourly 50,001 150,000 8.5% 150,001 400,000 7.5% 400,001 900,000 7,0% 900,001 1,200,000 6,5% 1,200,001 Secretar 6.0% Note: When inatching and/or cooi'dination of existing furniture, fee schedulo wili be increased by .5%. § 11.2 For Additional Sei'vices desigriated in Section 4A, the Owner shall compensate the Architect as foliows: IIOURLY FEE SCHEDULE: Staff Type ____ Hoiii'ly Rate Principal $ 190.00 Dii'ectoi' $ 150.00 Licensed Architect $120.00 Licensed Intei'ioi' DesignertNon-Registered Professional $ 90.00 Intcrn Architect/Architectui'aI Technician!Intei'n Interior Designer $ 70.00 Administrative Personnel $ 70.00 Secretar $ 50.00 § 11.3 For Additional Sei'vices that Inay arise dui'ingthe course ofthe Project, including those under Stction 4.3, the Owner shali cornpensate the Architect as foliows: HOURLY FEE SCHEDULE: Staff Type Hourly Rate Lijicipal ________$190.00 Director $150.00 [icensed Architect Licensed interior Designer/Non-Registered Professional $120.00 $ 90,00 Intern Architect/Architectural Technician/Jntern Interior Designei' $ 70,00 Adrn ini strative Personnel $ 70.00 AIA Document B101'TM - 2007 (formerly B151 M - 1997). Copyr/ght © 1974, 1978, 1987, 1997 and 2007 by Tho American lnstiluto of Arthitecls, Alt rtghts reserved. WA.RNtNG: Th A.1A DcLJIIin mt pr:.d f U.S, Copyr/gt La:w .reoratn.tO re k:, reprodiol/or. co' d:lutorij 16 o th/ /V! fl ocurit or riy p rt1ioo o , rull ne .inid /D po Cl/Od tc he Fmun rdr ie tsw, ThHs dotument was procfuced by AlA software at 08:43:09 on 01/13/2017 under Order No.3755531498j which expires on 0812212017, and is not for resale. User Notes: (1097281859) Page 101 of 128 Init. Secretary $ 50,00 § 11.4 Compensation for Additional Seivices ofthe Architect's consultants when not included in Section 11.2 or 11.3, shall be the aniount invoiccd to the Architect pios a multiple ofone and 15/100 (1.15), or as otherwise stated below: § 11.5 Where compensation for Basic Services is based on a stipulated sum or percentage ofthe Cost ofthe Work, the compensation for each phase ofservices shali be as follows: Schematc Desgn Phase Design Developrnent Phase Construction Documents Pliase Bidding or Negotiation Phase Construction Phase Fifteen percent Twenty percent Forty percent Five percent Twcnty percent 15 20 40 5 20 %) %) %) %) %) Total Basic Compensation onehundred pecent ( 100 § 11.6 When cornpensation is based on a percentage ofthe Cost ofthe Work and any portions ofthe Project are deleted or otherwise not construeted, cornpensati'on for those portions ofthe Project shall be payable to the extent seivices aie peifoimed on those poitIons, in aecoidance with the schedule set forth in Section 11 5 baed on (1) the Iowest bona fide bid oi negotiated proposal or (2) ifno such bid 01 proposal is received, the rnost iecent estiniate of the Cost ofthe Work for such portions ofthe Projeet. The Architect shall be cntitled to compensation in accordance wtth this Agreernent foi all seivices perfoirned whether oi not the Constiuction Phase is cornmenced § 11.7 'T he hourly billing rates for services ofthe Architect ancl tlie Architect's consultants, iifany, are set forth bclow. The ralcs shall b adjustcd ir accordancc with the Arcliitcct's and Architect's consultants' normai review practi ccs. Employee or Category Rate HOURLY FEE SCHEDULE; Staff Type 'Row deieied Hourly Rate Principal $190.00 Director $150.00 Licensed Architect $120.00 LJIcensed Interior DesignerfNon-Registered Professional $ 90.00 Intein Architect/Aichitectural Technician/Intetn lnterioi Desi_nei $ 70 00 Administrative Personnel $ 70.00 Secretary $ 50.00 § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenes are in addition to compensation for Basic and Additioriai Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Pioject, as foliows: .1 Tran sportat ion and authori zed out-of-town travel and subsistence; .2 Long distance services, dedicated data and comrnunication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval ofauthorities having jurisdiction over the Project; AA Oocument B1OITM - 2007 (formerly B151'M - 1997). Copylight© 1974, 1978, 1987, 1997 ard 2007 by Tho Arnoricen Instilute of Archltects. Alt rlghts reserved. V/R:NlNG: TDii /UA IDocisrt i proir:ted by U S, C:opyrkfhr •Lsw rrt r a•iionV Traiirs, Unuto ird rproribUon or cDi.irhijflon o &iil ADA 0 o ny pv tion of ilit in sy n j 1 1 s v er il 1 ii d inr lnl 'iF 11 tIn viii r ID bn psn. nlnd to tlw rn , Vni aro t s tc r) po IbD uoidor tln law, This clocument was produced by AIA software at 08:43:09 on 01/13/2017 wder 0rdorNo3755531498_1 whlch explres on 08/22/2017, and Is not for resale, User Notes: (1097281859) Page 102 of 128 17 Inft. .4 Printing, ieproductions, plots, standard forrn docunients; .5 Postage, handiing and deiivery; 6 Expense ofovertime work requiring higher than regular rates, ifaLlthorized in advance by the Owner; 7 Renderirigs, modeis, mock-ups, professional photography, and presentation inaterials requested by the Owner; .8 Archftect's Consuitant's expense ofprofessional liability insurance dedicted exclusively to this Projcct, or Ihe expense ofadditional insurance coverage al limits ifthe Owner requests such insurance in excess ofthat normally carried by the Architect's consuliants; .9 All taxes levied on piofessional services and on reinibursable expenses; .10 Other siinilar Project -related expenditures including mLlnicipal andior state plan review costs; .11 Life Cycle Cost Analysis (LCCA) isa process that is on occasion (depending on size) requred by the State Fire Marshal and is perfornied by the Mechanical/Eleclrical Eni ineer. The engineei will study Ihe existing systeni and cornpare to a niore efficieut system and determine what the cost savings will be. The anaiysis costs vary depending on the type ofsystem, the square footage and complexity of the study. The average cost to the Owner is betwcen $7,500 and $1 1,500 to have this analysis perforined and wili be billed to the Owner by the Architect as a reirnbursable cost. .12 Geotherrnal Test Welis will be billed directly to and paid by the Owner. .13 Additionai consultant expenses may include, but are not Iimited to site survey(s), soll borings etc. These expenses will be billed as a reinibursabie expense to the Owner. § 11.8.2 For Reimbiirsable Expenses the cornpensation shall be the expenses incurred by the Architect and tlie Architect's corlsultantsplLls a imiltiple ofone and 15/100 (1.15 )ofthe expenses incuried. See 11.81. § 11.9COMPENSATION FOR IJSE OF ARCH1TECT'S INSTRUMENTS OF SERVICE lfthe Owner telininates the Architect for its convenience under Section . 5, or the Architcct terminates this Agreement under Section 9.3, Ihe Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's lnslrurnents ofSeivice solely for purposes ofcompleting, using and maintaining the Project as foll ows: § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of ($0.00) shall be rnade upon execuiion ofthis Agreement and is the minirnum payrnent undei this Agreement. It shall be credited 10 the Owner's account in the final invoice. § 11.10,2 Unlcss olherwise agreed, payrnents for seivices shall be made monthly in proportion to seivices performed Payrnents are due and payable upon presentation ofthe Aichitect's invoice. Arnounts Llflpaid thirty (30) days after the invoice date sliatI bear interest at the iate enteied below, 01 in the absence thereof at the legal rate prevailing from time to time at the piincipal place ofbusiness ofthe Architcct. (insert ra/e of ntoni/tly or annua/ in/eesI agreed upon.) 1 8% per annum, § 11.10.3 The Owner shail not withhold amounts from the Architect's cornpensation to irnpose a penaity or Iiquidated darnages on the Architect, or 10 offset sums requested hy or paid to contractors foi the cost ofchanges in the Work unless the Architect agrees or has been found iiable for the amounts in a binding disputc resolution proceed ing. § 11.10.4 Records ofReimbursable Expenses, expenses pertaining to Additional Services, and sei'vices perfoinied on the basis ofhourly rates shall be available to the Ownet' at rnutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that rnodify this Agreernent are as foliows: AIA Document BI 01'' - 2007 (fornleriy B151 TM - 1997), Copyrlght © 1974, 1978, 1987, 1997 arid 2007 by The Amerlcan Irsti(ute of Architects. All rights resery... VfAR NON3: TVI 0oc u ni rit /rocted y L 8. iopyrI/ w aori /n tir if ri 1 1 r rcfl ctlr)r ar di1r1b%tkIa i 8 o thi AI.Aa Docurort, or Emy artlon af 1/, my raaEEI loli .oEV oo Elvi ood Cir1oElrEI peflEii/EIEE, arod wIiI bo? :EraEEEOCUtEEd tO thEE EEoaI:orii arlio eterot r?EihV 'idrrthia Iow, ThIs ciocumeat was produced by AIA software a108:43:09 on 01/13/2017 under Order No375553114981 which expires an 08/22/2017, and is not for resale. Usor Notes: (1097281889) Page 103 of 128 Init. ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Ownei and the Architect and supetsedes all prioi negotiations replesentations 01 agreements eithet wiitten oi oial This Agieenlent may be amended only by written instrument signed by botli Owner and Architect, § 13.2 This Agreement is cornprised ofthe foliowing documents listed below: .1 AIA Document B101T120O7, Standard Form Agreement Between Ownei and Architect (Paragiaph deleied) § 13.3 To the rnaximuni cxtent perrnitted by law, the Client agrees to limit the Architect and his or her subeonsultant s liabilfly for the Client s damages to the sum of$50 000 00 oi (he Design Piofessional's and his or lier subconsultant s fee, whichever IS greatei fhis limitation shall apply iegaidless ofthe cause ofaction 01 legal theory pled or asseried. This Agreernent entered into as ofthe day and yeal' first written above. OWNER (Signa/ure) (Signature) Quentin Hart, Mayor (Printed name and zit1e) Nicholas W. Hildebrandt, Principal (Printed nanie and tUle) AIA Document BIOITM - 2007 (forrnerly 81511M - 1997). Copyrlght© 1974, 1978, 1987, 1997 and 2007 byTie Amerlcan InsiituteofArchitects. AiI rights reserved. VAR NNG: ThIs /VA Domwit rrorecd. by US Co//ih L.w md In aRonjd Trea er. Uothod reprc thon r d1orbuOn 19 0/ th AIA Oocu /.nwt, or arIV porVon of It, Imay ijenuVt n snvers• cIvID and nrnV pn O, nnd wtL'I bn pronncutnd /0 thn Iro nxivnnrn exiont xxtLIn no'thn Daw, Th/s documentwas produced byAiA software atO8:43:09 on 01/13/2017 under Order No.3755531498_1 whlch expires an 0/22/2017, and is nat for resale. liser Notes: (1097281859) Page 104 of 128 Page 105 of 128 EXHIBIT "A" ADDITIONAL SERVICES DESCRIPTIONS 4.1.1, Programming To work with the owner, owner's representatives) and employees to develop a program of spaces, including size and adjacendes, eqWpment and furnshngs. 4.1.3 Measured drawings In absence of a reasonable set of building drawngs, or if significant changes have been made to the buliding without architectural drawings, the architect will, on an hourly basis, measure the building(s) for use in the construction documents. 4.1.4 Existing facilitv survevs To tour the existing building for purposes of: • determining its compFiance to current codes • determining its structural integrity for future use • determining the condition of systems and materials • determining adequacy for renovation and/or expansion • survey of furniture and equipment At the completion of the survey, provide a report to the owner concerning these items. 4.1.6 Building information modeling To use Building Information ModeUng (BIM) software to prepare documents for the project. This product aliows the creation of plans in three dimensions for purposes of providing greater understanding of the various systems and volumes involved in the project. 4.1.11 Detailed Cost EstimatIng To provide a detailed analysis of costs of construction beyond that which is included in the base contract. This detailed estimate would break the project down by categor}es and provide a compete analysis of construction cost. 4.1.12 On-site proiect representation To provide a fuIItime person on the job site on all working days in addition to the contractors' representatives. 4.1.14 As designed record drawings To provide an updated set of construction drawings incorporating all drawing addenda corrections and addition items prior to construction and printing typically five (5) sets for the following: (2 contractor, 1 owner, 1 architect & 1 mechanical/electrical consultant). 4.1.15 Asconstructed record drawings To memorialize alr changes to the original drawings and specifications through addenda, change orders and field changes. An updated set of drawings and specifications will be presented to the owner at the completion of this work. 4.1.16 Post occupancv evaluation To conduct a survey of the building arid monitor the performance of its systems and niaterials after they have been in use for a pre -determined time frame. 1 Page 106 of 128 4.1.18 Tenant -related services To assist prospective and signed tenants in the design ofthe build -out oftheir particularspaces 4.1.19 Coordination of Owner's consultants If the owner s providing certain consultants for the project that are not part of the architect's services, additional work will be requfred to coordinate the work of the consultants. 4.1.21 Securitv Evaluation and Planning To develop pans for security operations, using both hardware and software, for use by the owner in providing on-going security to the buliding and its occupants. 4.1.22 Commissionng At the completion of the project's construction, the buliding systems will be tested and operated to insure their capacity and functionality in accordance to design specifications. 4.1.23 Extensive environmentally resrrnnsible design To provide services beyond those detailed in this contract for investigating products and processes for their use in this building, specifically based on LEED criteria, 4.1.24 LEED Certifkation To actively pursue certificaUon ofthe buliding at a proposed LEED level, determined in advance by the Owner and Arch itoct. 4,1.25 Fasttrack design services If the Owner deterrnines that construction of the building wil! be accelerated, requirtng construction documents to be issued in stages. 4.1.26 Historlc Preservation To work with the appropriate agencies in ether seeking preservation status for a building, or in working on the renovation of a building that is currently Iisted by the Natiorial Trust for Historic Preservation. 4.1.28 Inventory of Existing Furniture, Fixtures & Equipment To work with the owner, owner's representative(s) and employees to determine existing furniture, fixtures & equipment inventory. At completion, a report of the inventory will be provided including sizes, quantities and evaluation of items. 4.1.29 Assisting/coordination of finishes/furniture when not under contract or by purchase order To work with owner, owner's representative(s), employees or other consultants to assist/coordinate finishes/furniture for design. 4.1.30 Furniture Preliminarv Design for budget puroses when not under contract or bv purchase order To work with the owner, owner's representative(s) and employees to determine a list of ideal furniture desired. Preliminary budget figures will be provided along with cost saving concepts including variation of products, finishes, functionality and innovative ideas. 2 Page 107 of 128 CITY OF WATERLOO Coundil Commumcation Ordinance amending the Code of Ordinances by repealingArticle B, Bus Stop Benches, ofChapter 2, Sidewaik Construction, Inspections and Repair, ofTitle 7, Public Ways and Property; and enacting in lieu thereof a new Article B, Bus Stop Benches, of Chapter 2, Sidewaik Construction, Inspections and Repair, of Title 7, Public Ways and Property. City Council Meeting: 1/17/2017 Prepared: 12/27/2016 REVIEWERS: Department ('. )t ATFACHMENTS: Description ()rdinance Ordinance ciea:n SUBJECT: Reviewer Action Date SChroeder,.Arlc .A.pproved 12/28/2016 10:05 .A.M 1 vu Ann Appmvd 2/2/20 6 0 3 AM Type ()rdinance Motion to receive, fde, consider and pass for the second time, an ordinance amending the 2007 Code ofOrdinances ofthe City ofWaterloo, Iowa, by repealing Article B, Bus Stop Benches, of Chapter 2, Sidewaik Construction, Inspections and Repair, ofTitle 7, Public Ways and Property; and enacting in lieu thereofa newArticle B, Bus Stop Benches, ofChapter 2, Sidewaik Construction, Inspections and Repair, ofTitle 7, Public Ways and Property. Motion to suspend the rules. Motion to receive, fde, consider and pass for the third time and adopt said ordinanc e. Submitted by: Submitted By: Aric Schroeder, City Planner Recommended Action: Approval of the amendment. Summary Statement: Staffhas been working on an overhaul of the current bus bench program, which is provided for inArticle B, Bus Stop Benches, ofChapter 2, Sidewaik Construction, Inspections and Repaii ofTitle 7, Public Ways and Property, ofthe City ofWaterloo Code ofOrdinances. The City of Waterloo is proposing to phase out existing benches established under the current ordinance, and significant overhaul to the ordinance is required to provide for the phase out. The attached draft Ordinance shows all ofthe proposed changes, showing strike through ofwording proposed to be removed and underline for wording proposed to be added, as well as a clean version of the proposed ordinance amendment, that will strike the existing Article B in its entirety, and replace is with the amended Article B, Bus Stop Benches. Additional amendment will be required in the future when the phase out of existing benches is complete. Page 108 of 128 Expenditure Required: Source ofFunds: Policy Issue: none nla Code ofOrdinances Page 109 of 128 1 7-2B-1: PURPOSE; SUNSET: It has been determined by the city council that there exists a need for the placement of bus stop benches at designated Iocations throughout the city. Therefore, this article is created to assist the public in the use of the metropolitan bus system by providing, subject to the regulations of the city council, bus stop benches for the use of the public. Unless termnated sooner by resoIuton adopted by the cty councI, this artcIe shall cease to be effectve as of October 31, 2019 and all permts ssued hereunder shall termnate as of sad date. (Ord. 3226, 6-21-1982) 7-2B-2: AUTHORITY TO INSTALL: It is hereby made Iawful for persons to install and maintain public bus benches and to place advertising matter and signs upon such benches subject to the Iimitations and qualifications of this article. Advertising is a necessary means for the funding of these public service benches; thus, it shall be allowed in all zoning classifications except in front of any one- or two-family residence Iocated in any zoning classification, provded that any bus bench nstalled by the cty ofWaterloo shall not be subject to sad Imtaton. (Ord. 3226, 6-21-1982) 7-2B-3: LOCATION OF BENCHES: The placement of bus stop benches shall be Iimited to MET dcsgnatod bus ctopsIocatons desqnated as bus stops by MetropoItan Transt Authorty (MET) only. These designated bus stops may vary in number and Iocation from time to time. In addition, bus stop benches other than benches nstalled by the cty of Waterloo shall conform to the foliowing regulations: A. The Iocation of all bus stop benches shall be reviewed by the planning and development department orthe city engineering department. New Iocatons shall only be rcvcwed n AprI and November of •• -- • - • • • dsposaP on or about the twentcth day of the month. No new Iocatons shall be allowed under the current bus bench proqram. B. New Iocaton rcqucsts shall bc submtted on bus ctop bcnch appIcaton formc cuppIod by tho buPdng othcaI. Prior to cubmttng the form for rcvcw, the appIcant shall procurc sgnaturcs of adjaccnt property owncr(s) or agcnt(c) thcrcof and tcnant(c) and MET tranct authorzaton, as wcII as notng appropratc bus route and provdng a skctch ofthe ocaton ofthc bus stop bench.Reserved. 0. Bus stop benches shall be placed on public property paraliel to streets along MET designated bus routes and shall further be limited to areas where there is a minimum of six feet (6) from curb or edge of the roadway to front of bench. D. The city engineering department and pIannnq department shall have the rkht to periodically inspect all bus stop benches for maintenance, safety and site Iocation and compIance with this artcIe. E. Bus stop benches shall be placed no closer than three (3) blocks or nine hundred feet (900), whichever is more restrictive, from any other bus stop bench along any individual MET designated bus route. F. In the event MET roduces or alters a route at any tmc durng the ycar, roqucsts for rcIocatons may be submtted upon wrtten notcc from MET of route changcs and number of benches affcctod by company name. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-4: PERMITS: A. Application For Sgn Permit: NoAn appPcant for a sign permit or bus stop bench permt under equrod by this article shall be ssued after January 2, 2017 to a person not already a permttee. Page ilOof 128 After sad date, the cty councI may choose at any time by resoIuton to suspend or dscontnue the innuanoeofrenewal pennite. oubmitawhtton app|ioehontothe oity bui|ding of oiai 1. An appPcaton may be submtted for onc bus stop bench and onc permt may bc ssuod for onc bus oVop bonoh, providod that the foo roquirod horoin accompany tho same and tho |ooehon oftho bun oVopbench has r000ivodapproval from the approphokodepartments. 2. VWthinoovon(7)days ofthe r000iptofthe app|ioehonfor aoignponniLthobui|dingof oia|ohaU upprovoordinupprovothoupp|iouhon. If thc buPdng officbldinupprovonthoapp|ioakion.thorouoon for the dinupprova|shall bostated inwhhngand givonVothe app|ioanL B. Permit Required To Install And Maintain: No bus stop bench shall be installed or mantaned unless a permit has been obtained from the city building official, who has vested authority to issue these permits. The pormitshall boaffixodtobu000fbonohin:uohamunnorthat itmay bovioib|ofrom tho C. Phorty|n|oouingPorn�ts:OnIyonoponnhkcoshall bou|lowodVoplaoobus bonoho:onany ono intomoction within the oity. The ponnittoofi|ing the app|ioakion for the ponnit at the our|ioot date shall r000ivophohty. D. App,u|Ooniu|CfPornt:|nthe event aporn�ttooindoniodapornt.homay appeal the doosonof the bui|dingof oia|Vothe oityomunoii Thinapp,u|shall bopodbctodbyfi|inganoti000fappeal with the oityo|orkwithinten (1U)days ofthe donia|ofthoioouan000fthoponnitbythe bui|dingof oiai ..+��e�**+ oounci (]vd.322G.G-21'1082;amd.Ord. 34O0. 10'21'1085) 7-2B-5: BUS STOP BENCH FEES: A. Bench Fees: The annual nonrefundable feeahaUbetwentyfivedo||am($CZ5.00)foreaohnew Iooation application form. Anonrefundable fee ofseven dollars fifty cents ($7.5O)shall accompany each relocation request. The annual fees are assessed for each individual bus stop bench and twelve dollars fifty cents ($12.5O)shall bedue onApril 1 every year and twelve dollars fifty cents ($12.5O) shall bedue onOctober 1 every year. |fthe oitynoquinonthe permitteetoremove orrelocate abus stop bench as provded in secton 7-2B-9, the annual fee shall be refunded on a monthly pro -rata bass for the pehod from the date on vvhioh such bench in removed unh| the ennuing March 31. (Ord. 4692, 5-10-2004) B. SignPonnhFoon:Aoignponnhfooroquirodbythinarho|oshall boa000mpuniodbyaf000ftwenty five dollars ($25.00) for each bus stop bcnch and shall only bc csuod aftcr thc Iocaton of thc bus oVopbonoh has boon roviowodand approved bythe approphakodepartments. (Ord. 3226. G 21 1982; umd.Ord. 31UQ. 10 21 1985) 7-2B-6: CONDITIONS OF PERMIT: A. Public Liability Insurance: The permittee shall file a certificate of insurance with the city clerk, which shall name the city as an additional insured and shall be maintained in the amount ofthree hundred thousand dollars ($3OO.00O.00)for liability coverage. The permittee shall also enter into an agreement with the city to indemnify the city for any and all liability which may arise out of the use of the bus stop bench. B. Permittee Responsibilities: By acceptance of a permit required by this article, the permittee agrees to be bound by this article and to comply with its requrements with respect to each bus stop bench untI the bench inremoved, whether ornot there inacurrent pennitineffect for such benohund The permttee further agrees to inspect each bus stop bench and to maintain the bus stop benches in a safe, clean and sightly condition, sutabIe for use by persons with dsabItes from the pont of departure from a pubIc sdewaIk to a pont of embarkaton on or dsembarkaton from a MET bus at the edgeofthe street. Within forty-eqht (48) hours foIIownq substantaI compIeton of a snow event that deposted twa (2) or more nches of snow, or within seventy-two (72) hours if warranted by heavy 2 P@QelilOf128 snowfall condtons, the permttee shall remove snow and ce from the bench, the cement pad on whch it rests, and at Ieast four (4) feet in wdth of any addtonaI area connectnq a pubIc sdewaIk (if one exsts) with the bench and the bench with the ede of the street, except with respect to those specfic bus stop benches for whch the cty has consented in wrtnq to be responsbIe for removal of snow and ioe. The permttee shall mantan an accurate and up-to-date Io shownq dates and tmes of snow removal and ioe control activities at each |ooahon and shall make the |oq avai|ab|e for nspecton within forty-eqht (48) hours of request by the cty planner or deskinee. The pennitteeshall not permt qrass or veietaton to qrow to a heqht exceed four (4) nches in any area under the bench, within a pehmekerofek |eant four (4) feet nunounding the benoh, and at |eantfour (4) feet in vvidth of anyaddihona|anoathatinnotoementedandoonneotnapub|ionidevva|k(ifoneexintn)vviththebenoh and the bench with the edgeofthe street. C. Defend Litigation: A permittee shall defend, at his own expense, any litigation arising from the instaIIation- maintenance or removal of a bus stop bench for which he holds a permit or a bus stop bench that heowns but for vvhiohhedoes not hold apennit.(Ovd.322G.G-21'1082;amd.Ord. 34O0. 10-21-1985) D. The permttee shall remove each bus stop bench in its entrety at the permittee's sole expense within fifteen (15)days a#erthepennit therefor expinon.unless the oityplanner ordeniqneeapproves an extended pehod, not to exceed nix (S) monthn, duhnq vvhioh a partiou|arbenoh may roman in place but by the end of whch such bench must be removed by the permttee at its sole expense. Approval ofanextendedpehodfurp|anementofabenchshaUbesubiecttothenity'sh0httorequinonomova| pursuant to neohon 7'2B'9. except that the pehod in vvhioh removal must occur shall be seven (7) days innteadof15. |fthepermitteefai|ntoremove the bench, then the bench shall bedeemed abandonedandtheoitymaynomoveitandnotainordinponeofitinanymannerannondinOtothenity's sole dscreton, and ether charqe the permttee with a muncpaI nfracton for each bench that permdieetyi|edtonomoveornhanlethepermitteefurthenity'snoasonab|enostsinnurnodinnomovin0 and dinponingofany such bench. 7-2B-7: SPECIFICATIONS: All bus stop benches installed in accordance with this ahide, but notino|uding benches inntaUed by the cty of Waterloo, shall conform rigidly to the foliowing specifications upon nstaIIaton and at all tmes thereafter unh|removal ofthebench: A. The benches shall be not mono than six feet (6) in kangth, not to exceed forty two inches (42^) in height and thirty inches (3O^)indepth. B. The benches must be of heavy construction to weigh not less than four hundred (400) pounds. C. The end pieces and legs shall be constructed of concrete. O. The back rests shall be constructed of hardwood or plywood not less than three-fourths inch (3/4) in thickness or shall be constructed of plastic overlay plywood not less than one-half inch (1/20) j thickness. E. The seats shall be constructed of hardwood or plywood not less than one and three-fourths inches (1~/4^)inthickness. F. The several parts of the benches shall bejoined by bolts of three-eighths inch (I8)orgreater diameter. (Ord. 3226. 6-21-1082) 1 7-2B-8: ENFORCEMENTREMOVAL OF ILLEGAL BENCHES: A. U`Shoukjany bus stop bench found tobenoncompliant with this article orifcomplaints are received by the city concerning the placement or mantenance of any bus stop bench, the cty shall 3 Page 112Of128 de|verVu the permittee by regular nua | at its Ian known address s~° wa written notice fnonn the oitybyregular mui|.tobring the bench into compliance. |fthebus stop bench ianot brought into compliance within seven (7)tcn (10) days after the notice has been mailed, then the city may declare such bus stop bench tobeathreat topublic health, safety, and welfare, and ansuch toconstitute a nuisance which the city may summarily abate orremedy at the violators expense. Abatement may take the form ofremoval ofanoncompliant bus stop bench and assessment to the permittee of the city's reasonable costs incurred in removinci and/ordisposinci ofanysuch bench. •~=/'~ ho|dandadooioionoha||borondorodwhiohmuy|*udtmromova|androtainingnaidbonohantho property ofthe city and thc Iocation will subsequontly be disallowed in the futuro. All existing bus stop benches shall be in compliance within one ycar after passagc ofthis articic. (Ord. 3226, 6-21-1982; amd.Ord. 34O0.1O'21'1085) B. Ifthe permittee fails to comply with the maintenance standards prescribed by 7 -2B -6.B, then the city may perform acts necessary to achieve such compliance, without notice to permittee. C. Ifthe permittee violates any provision ofthis article it shall be deemed quilty ofa municipal infraction and, upon conviction thereof, shall be fined an provided in section 1'3'2 of this code. Each separate bus stop bench with respect to which a violation 5 committed or permitted to continue shall constitute aseparate offense and shall bepunishable ansuch hereunder. 7-2B-9: REPLACEMENT BY CITY BENCH: If the city desires to install a bench of its own at any bus stop bench Iocation occupied by a permittee durinq the term of the permit for such bench or at any Iocation in the vicinity of such bench, the city shall provide fifteen (15) days' advance written notice by reqular mail to the permittee at its Iast known address, and the permittee shall remove said bench within 15 days after the date of mailinq of said notice. If the permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may remove it, retain it or dispose of it in any manner according to the city's sole disnretion, and eitherohange the permittee with a municipal infraction or charqe the permittee for the city's reasonable costs incurred in nomovingand dinponingofthe bench. The permittee will also beallowed torelocate its bench toanother |ooahon for which permittee already has a permit, provided that the permittee removes the existing bench at such alternate |ooahon. 4 Page ll3Of128 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE B, BUS STOP BENCHES, OF CHAPTER 2, SIDEWALK CONSTRUCTION, INSPECTIONS AND REPAIR, OF TITLE 7, PUBLIC WAYS AND PROPERTY; AND ENACTING IN LIEU THEREOF A NEW ARTICLE B, BUS STOP BENCHES, OF CHAPTER 2, SIDEWALK CONSTRUCTION, INSPECTIONS AND REPAIR, OF TITLE 7, PUBLIC WAYS AND PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, 1 OWA: That Article B, Bus Stop Benches, of Chapter 2, Sidewaik Construction, Inspection and Repair, of Title 7, Public Ways and Property, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; and that a new Article B, Bus Stop Benches, of Chapter 2, Sidewaik Construction, Inspection and Repair, of Title 7, Public Ways and Property, is hereby enacted in lieu thereof as foliows: B. BUS STOP BENCHES 7-2B-1: PURPOSE; StJNSET: It has been determined by the city council that there exists a need for the placement of bus stop benches at designated locations throughout the city. Therefore, this article is created to assist the public in the use of the metropolitan bus system by providing, subject to the regulations of the city council, bus stop benches for the use of the public. Unless terminated sooner by resolution adopted by the city council, this article shall cease to be effective as of October 31, 2019 and all permits issued hereunder shall terminate as of said date. (Ord. 3226, 6-21-1982) 7-2B-2: AUTHORITY TO INSTALL: It is hereby made lawful for persons to install and maintain Page ll4of 128 Ordinance No. Page 2 public bus benches and to place advertising matter and signs upon such benches subject to the limitations and qualifications of this article. Advertising is a necessary means for the funding of these public service benches; thus, it shall be allowed in all zoning classifications except one- or two-family residence located classification, provided that any bus bench city of Waterloo shall not be subject to said 3226, 6-21-1982) 7-2B-3: LOCATION OF BENCHES: in front of any in any zoning installed by the limitation. (Ord. The placement of bus stop benches shall be limited to locations designated as bus stops by Metropolitan Transit Authority (MET) These designated bus stops may vary in number and location from time to time. In addition, bus stop benches other than benches installed by the city of Waterloo shall conform to the foliowing regulations: A. The location of all bus stop benches shall be reviewed by the planning and development department or the city engineering department. No new locations shall be allowed under the current bus bench program. B. Reserved. C. Bus stop benches shall be placed on public property paraliel to streets along MET designated bus routes and shall further be limited to areas where there is a minimum of six feet (6') from curb or edge of the roadway to front of bench. D. The city engineering department and planning department shall have the right to periodically inspect all bus stop benches for maintenance, safety, site location and compliance with this article. E. Bus stop benches shall be placed no closer than three (3) blocks or nine hundred feet (900'), whichever is more restrictive, from any other bus stop bench along any Page ll5of 128 Ordinance No. Page 3 individual MET designated bus route. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-4: PERMITS: A. Application For Permit: No sign permit or bus stop bench permit under this article shall be issued after January 2, 2017 to a person not already a permittee. After said date, the city council may choose at any time by resolution to suspend or discontinue the issuance of renewal permits. B. Permit Required To Install And Maintain: No bus stop bench shall be installed or maintained unless a permit has been obtained from the city building official, who has vested authority to issue these permits. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) 7-2B-5: BUS STOP BENCH FEES: A. Bench Fees: The annual nonrefundable fee shall be twenty five dollars ($25.00) for each new location application form. A nonrefundable fee of seven dollars fifty cents ($7.50) shall accompany each relocation request. The annual fees are assessed for each individual bus stop bench and twelve dollars fifty cents ($12.50) shall be due on April 1 every year and twelve dollars fifty cents ($12.50) shall be due on October 1 every year. If the city requires the permittee to remove or relocate a bus stop bench as provided in section 7-2B-9, the annual fee shall be refunded on a monthly pro -rata basis for the period from the date on which such bench is removed until the ensuing March 31. (Ord. 4692, 5-10-2004) 7-2B-6: CONDITIONS OF PERMIT: A. Public Liability Insurance: The permittee shall file a certificate of insurance with the city clerk, which shall name the city as an additional insured and shall be maintained in the amount of three hundred thousand dollars ($300,000.00) for liability coverage. The permittee shall also enter into an agreement with the city to indemnify the Page ll6of 128 Ordinance No. Page 4 city for any and all liability which may arise out of the use of the bus stop bench. B. Permittee Responsibilities: By acceptance of a permit required by this article, the permittee agrees to be bound by this article and to comply with its requirements with respect to each bus stop bench until the bench is removed, whether or not there is a current permit in effect for such bench. The permittee further agrees to inspect each bus stop bench and to maintain the bus stop benches in a safe, clean and sightly condition, suitable for use by persons with disabilities from the point of departure from a public sidewaik to a point of embarkation on or disembarkation from a MET bus at the edge of the street. Within forty- eight (48) hours foliowing substantial completion of a snow event that deposited twa (2) or more inches of snow, or within seventy-two (72) hours if warranted by heavy snowfall conditions, the permittee shall remove snow and ice from the bench, the cement pad on which it rests, and at least four (4) feet in width of any additional area connecting a public sidewaik (if one exists) with the bench and the bench with the edge of the street, except with respect to those specific bus stop benches for which the city has consented in writing to be responsible for removal of snow and ice. The permittee shall maintain an accurate and up-to-date log showing dates and times of snow removal and ice control activities at each location and shall make the log available for inspection within forty-eight (48) hours of request by the city planner or designee. The permittee shall not permit grass or vegetation to grow to a height exceed four (4) inches in any area under the bench, within a perimeter of at least four (4) feet surrounding the bench, and at least four (4) feet in width of any additional area that is not cemented and connects a public sidewaik (if one exists) with the bench and the bench with the edge of the street. C. Defend Litigation: A permittee shall defend, at his own expense, any litigation arising from the installation, maintenance or removal of a bus stop bench for which he holds a permit or a bus stop bench that he owns but for Page 117of128 Ordinance No. Page 5 which he does not hold a permit. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) D. The permittee shall remove each bus stop bench in its entirety at the permittee's sole expense within fifteen (15) days after the permit therefor expires, unless the city planner or designee approves an extended period, not to exceed six (6) months, during which a particular bench may remain in place but by the end of which such bench must be removed by the permittee at its sole expense. Approval of an extended period for placement of a bench shall be subject to the city's right to require removal pursuant to section 7-2B-9, except that the period in which removal must occur shall be seven (7) days instead of 15. If the permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may remove it and retain or dispose of it in any manner according to the city's sole discretion, and either charge the permittee with a municipal infraction for each bench that permittee failed to remove or charge the permittee for the city's reasonable costs incurred in removing and disposing of any such bench. 7-2B-7: SPECIFICATIONS: All bus stop benches installed in accordance with this article, but not including benches installed by the city of Waterloo, shall conform rigidly to the foliowing specifications upon installation and at all times thereafter until removal of the bench: A. The benches shall be not more than six feet (6') in length, not to exceed forty twa inches (42") in height and thirty inches (30") in depth. B. The benches must be of heavy construction to weigh not less than four hundred (400) pounds. C. The end pieces and legs shall be constructed of concrete. D. The back rests shall be constructed of hardwood or plywood not less than three-fourths inch (3/4!) in thickness or Page ll8of 128 Ordinance No. Page 6 shall be constructed of plastic overlay plywood not less than one-half inch ('/2") in thickness. E. The seats shall be constructed of hardwood or plywood not less than one and three-fourths inches (1/4") in thickness. F. The several parts of the benches shall be joined by bolts of three-eighths inch (/8") or greater diameter. (Ord. 3226, 6-21-1982) 7-2B-8: ENFORCEMENT: A. If any bus stop bench is found to be noncompliant with this article or if complaints are received by the city concerning the placement or maintenance of any bus stop bench, the city shall deliver to the permittee by regular mail at its last known address a written notice to bring the bench into compliance. If the bus stop bench is not brought into compliance within seven (7) days after the notice has been mailed, then the city may declare such bus stop bench to be a threat to public health, safety, and welfare, and as such to constitute a nuisance which the city may summarily abate or remedy at the violator's expense. Abatement may take the form of removal of a noncompliant bus stop bench and assessment to the permittee of the city's reasonable costs incurred in removing and/or disposing of any such bench. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985) B. If the permittee fails to comply with the maintenance standards prescribed by 7 -2B -6.B, then the city may perform acts necessary to achieve such compliance, without notice to permittee. C. If the permittee violates any provision of this article it shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be fined as provided in section 1-3-2 of this code. Each separate bus stop bench with respect to which a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Page ll9of 128 Ordinance No. Page 7 7-2B-9: REPLACEMENT BY CITY BENCH: If the city desires to install a bench of its own at any bus stop bench location occupied by a permittee during the term of the permit for such bench or at any location in the vicinity of such bench, the city shall provide fifteen (15) days' advance written notice by regular mail to the permittee at its last known address, and the permittee shall remove said bench within 15 days after the date of mailing of said notice. If the permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may remove it, retain it or dispose of it in any manner according to the city's sole discretion, and either charge the permittee with a municipal infraction or charge the permittee for the city's reasonable costs incurred in removing and disposing of the bench. The permittee will also be allowed to relocate its bench to another location for which permittee already has a permit, provided that the permittee removes the existing bench at such alternate location. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2 CONSIDERATION: PASSED 3rd CONSIDERATION: Page 120 of 128 Ordinance No. Page 8 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 2017, and approved by the Mayor on the day of , 2017. ATTEST: Kelley Felchle, City Clerk Quentin Hart, Mayor CERTI FICATE 1, Kelley Felchle, City Clerk Iowa, do hereby certify that the complete copy of Ordinance No. the Council of the City of Waterloo, 2017. of the City of Waterloo, preceding is a true and as passed and adopted by Iowa, on the day of Witness my hand and seal of office this 2017. day of SEAL Kelley Felchle, City Clerk Page 121 of 128 CITY OF WATERLOO Coundil Commumcation Ordinance amending the 2007 Code ofOrdinances ofthe City ofWaterloo, Iowa, by repealing Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H, and Title Seven, Chapter Three, Section Four Permits, Subsection C in its entirety and enact in lieu thereofa new Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H Contractors Bond, and Title Seven, Chapter Three, Section Four Permits, Subsection C Contractors Bond. City Council Meeting: 1/17/2017 Prepared: 1/12/2017 REVIEWERS: Department Reviewer Action Date hk. K..iky Approvd //2() / 3 AV ATFACHMENTS: Description Type (I)rdina:nce (Iha:n2es I.3ack:uo SUBJECT: Motion to receive, fde, consider, and pass for the first time an ordinance amending the 2007 Code ofOrdinances ofthe City ofWaterloo, Iowa, by repealing Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H, and Title Seven, Chapter Three, Section Four Permits, Subsection C in its entirety and enact in lieu thereof a new Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H Contractors Bond, and Title Seven, Chapter Three, Section Four Permits, Subsection C Contractors Bond. Motion to suspend the rules. Motion to receive, fde, consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By: Eric Thorson, City Engineer Recommended Action: Approval. Page 122 of 128 7-1-4: CURB CUTS: H. Any person constructing driveways and/or curb cuts within the city must first file a right of way construction bond with the city clerk in the sum of five thousand dollars ($5,000.00). The application for such construction must be approved by the city council and conditioned upon the fulfillment of th foliowi ng: 1. Faithful performance of all duties and regulations required by this chapter; 2. The faithful performance of every driveway and sidewaik specification on file in the cityengineers reconstruction or repair of driveways and/or curb cuts within the city; 3. The prompt payment to the city of any sums that may become due for any reason or under thi& chapter; '1. The prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the Iife of the bond; and 5. Upon indemnifying and keeping the city harmless from any Iiability arising from said persons constructing or reconstructing driveways and/or curb cuts within the city. (Rev. Ord. 113, Comp. 19/11, P.0 '1; amd. Ord. 2878,/118 1977; Ord. 3058, 10 15 1979; Ord. 377/1,3 111991; Ord. 3777, 325 1991) H. Contractor's Bond: Any person constructing driveways and/or curb cuts within the city must first file a right-of-way construction bond with the City Clerk in the sum of fifteen thousand dollars ($15,000.00), effective upon publication. This section does not apply to city employees working in an official capacity, Waterloo Water Works, city contracts, or city franchise agreements. The application for such construction must be approved by the city council and conditioned upon the fulfillment of the foliowing: 1. Faithful performance of all duties and regulations required by this chapter; 2. Faithful performance of every curb cut specification on file in the City Engineer's Office, and/or any provision of this code or other city ordinance regulating the construction, reconstruction or repair of curb cuts within the city; 3. Prompt payment to the City of any sums that may become due for any reason or under this chapter; 4. Prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the Iife of the bond; and 5. Upon indemnifying and keeping the city harmless from any Iiability arising from said person's constructing or reconstructing curb cuts within the city. 7-3-4: PERMITS: C. Persons Eligible For Permit: No permit required by this chapter shall be issued to any person not holding and having a franchise, Iicense or contract for which satisfactory bonds have been given Page 123 of 128 to protect and hold the city harmless against carelessness and neglect and otherwise to do and perform all such acts as the provisions of this codc and other ordinanccs of the city, and thc provisions of the contract require. C. Contractor's Bond: Any person desiring to excavate or perform pavement repairs within the city must first file a right-of-way construction bond with the City Clerk in the sum of fifteen thousand dollars ($15,000.00), effective upon publication. This section does not apply to city employees working in an official capacity, Waterloo Water Works, city contracts, or city franchise agreements. The application for excavation must be approved by the city council and conditioned upon the fulfillment ofthefollowing: 1. Faithful performance of all duties and regulations required by this chapter; 2. Faithful performance of every excavation specification on file in the City Engineer's Office, and/or any provision of this code or other city ordinance regulating excavation within the city; 3. Prompt payment to the City of any sums that may become due for any reason or under this chapter; 4. Prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the Iife of the bond; and 5. Upon indemnifying and keeping the city harmless from any Iiability arising from said person's excavating within the city. Page 124 of 128 CITY OF WATERLOO Coundil Commumcation Community Development Board Meeting Minutes December 2016. City Council Meeting: 1/17/2017 Prepared: 1/11/2017 REVIEWERS: Department Reviewer Action Date Coriiriiinfty Deveioprnent Jones, R:udy .Approved 1/1 1/2017 1 1:16 .AM ( krk O Ann Appmvd / /20 / 26 AM ATFACHMENTS: Description Type Ei ( onnun oy )'opntu in1 oit 20 6 ( ov..s N4Lnto SUBJECT: Community Development Board Meeting Minutes December 2016. Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: Approval Page 125 of 128 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING December 20, 2016 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulbeny Street, Waterloo, Iowa and called to order by Chairperson -Robert Tyson when a quorum was present at 4:00 p.m. 011 Tuesday, December 20, 2016. Members present: Chairperson Robert Tyson, Maxine Tisdale, Doreen Mingo, Philip Nash and Jason Verbraken Members absent: Brooke Trent and Lisa Mufioz Also present: Rudy Jones, Community Development Director; Anita Merfeld, Community Development Administrative Secretary; Nancy Gulick, Community Development Coordinator, Felicia Smith-Nalls; Neighborhood Services Coordinator, Robert and Betty Hanes; Rehab Program Clients A. APPROVAL OF THE AGENDA Chairperson Robert Tyson asked for a motion to approve the agenda. It was moved by Tisdale, and seconded by Verbraken to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON OCTOBER 18, 2016. Chairperson Tyson requested additions or corrections to the minutes for the meeting 011 Tuesday, October 18, 2016. One amendment was made to the date 011 subject line 2C. It was moved by Tisdale, and seconded by Verbraken to approve the amended minutes of the regular meeting on October 18, 2016 as presented. Motion carried. C. INTRODUCTION OF FELICIA SMITH-NALLS Smith -Nalls discussed neighborhood coalition meetings, revamping ofthe neighborhood services website, working with Cedar Valley Maker Space 011 community projects, summer home improvement series and working to compile a Neighborhood Wellness Action Plan. Smith-Nalls presented the board with a new neighborhood coalition logo and new mission statement. D. ROBERT AND BETTY HANES Chairperson Tyson allowed rehabilitation clients, Robert and Betty Hanes, 718 Manson Street to address the Board 011 their concerns with the rehabilitation that was completed at their house in 2013 .The concerns have been handled internally as part ofthe contract process. E. OLD BUSINESS 1. Neighborhood Stabilization Program (NSP) 1003 Lafayette— Round 3 Update (March 31, 2017). There have been challenges with this project in regards to the documents we are using for specifications. The staff has been diligently working with the contractor to make the process run smoother. Jones stated that we are still looking at January 2017 occupancy. Project is 80-90% complete. Home was appraised at $130,000.An extension has been requested for this project. 2. Update on Round 6 - Multi -Family Rental Housing Project (June 30, 2017). Progress has slowed some because ofthe weather, contractors are now working internally. A request for an extension 011 the project was made due to the lack of staffing in the building inspection department which caused delays. Jones projected contractors are at 75%-85% completion. Applications are being accepted for occupants of Grand Crossings. 3. Update on Rehabilitation and Purchase - 718 Kern Street. Renovations are complete and the property has been appraised for a second time. The two appraisals were relatively similar. Pnce may be reduced to $80,000 in order to sell more quickly. Page 126 of 128 Minutes December 20, 2016 Page 2 4. 612 Ash Street Sent a letter to the homeowner stating that the homeowner was ineligible for funds because of eligibility requirements. Jones also sent contact information for the HUD regional office to the homeowner. F. NEW BUSINESS 1. Endorse Rehabilitation Contracts for October/November 2016 It was moved by Verbraken, and seconded by Mingo to endorse the rehabilitation contracts for October/November 2016. Motion carried. 2. Update Subordination guidelines Changes to the policy are as foliows: Requests for emergencies, such as to pay medical bilis, are subject to review Ineligible conditions are now: • To pay off or consolidate credit card or other debt. • To take cash out ofthe property for personal use. It was moved by Tisdale, and seconded by Nash to accept the new guidelines as presented for subordinations. Motion carried. 3. Select Board Subcommittee for FY2018 CDBG and HOME funding Cycle Board members selected for subcommittee are Lisa Munoz, Robert Tyson and Jason Verbraken. Mayor Hart has not determined who our council subcommittee members are as ofyet. A meeting will be scheduled after the December 30th application deadline. 4. Review Board Meeting Dates for 2017 A calendar was provided and Mingo suggested sending out a calendar meeting request so board members could put the meeting 011 their calendars. 5. Single Family Owner -occupied Rehabilitation Program Jones indicated that staff is constantly looking at best practices for this program. 6. Set date of lst Public hearing for January 10, 2017 It was moved by Nash, and seconded by Verbraken to set the date ofthe 1st public hearing for FY2018 funding requests on January 10, 2017 at 5:00 pm. Motion carried. G. DISCUSSION ITEMS Lead Grant Debriefing Gulick explained the process that reviewers use for the selection ofthe lead grant. Reviewers start at the top ofthe list and keep going down the list until they mn out offunds. The last rank (score) to get awards this year was 85.0 and our total rank (score) was 84.5. Our focuses for the next lead grant penod will possibly be a certain zip code or census tract. Gulick has talked to the Black Hawk County Health Department to help us with a target area. Jones stated that we will also try to target rentals in the future. Consolidated Annual Performance and Evaluation Report (CAPER) Jones confirmed that we have met goals and we are in compliance with the federal government. Report is also on the Community Development website. Page 127 of 128 Minutes December 20, 2016 Page 3 ADJOURN MEETING. With no further business it was moved by Mingo, and seconded by Tisdale to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, Maxine Tisdale Board Secretary Page 128 of 128