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HomeMy WebLinkAboutCouncil Packet - 3/2/2020THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY COUNCIL CHAMBERS Monday, March 2, 2020 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 170 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Mayor Quentin Hart Agenda, as proposed or amended. Minutes of February 24, 2020, 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 Variance to Noise Ordinance request from Riverloop Association, Inc., for events to be held at the Riverloop Amphitheater and the Expo Plaza from May 1, 2020 through November 15, 2020, from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system. Submitted By: Dave Mohlis, Police Captain 3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, for the FY 2020 Street Reconstruction Program, Contract No. 993, and instruct City Clerk to publish said notice. Submitted By: Dennis Gentz, PE, Assistant City Engineer 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 2, 2020 and date of public hearing as April 6, 2020, for the FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951, and instruct City Clerk to publish said notice. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 19, 2020 and date of public hearing as Page 2 of 170 March 23, 2020, for the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and instruct City Clerk to publish said notice. Submitted By: Dennis Gentz, PE, Assistant City Engineer 6. Resolution approving request of Alan Degenhardt for a waiver for a concrete driveway, located at 4147 Suburban Drive, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer 7. Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -first offense for Ali's Liquor, 1117 E. Fourth Street, Waterloo, Iowa 50703. Submitted By: Martin M. Petersen, City Attorney B. Motion to approve the following: 1. TRAVEL REQUESTS a. Abraham Funchess, Jr., Executive Director Class/Meeting: 2020 National Community Reinvestment Coalition Annual Conference Destination: Washington, D.0 Dates: April 27-30, 2020 Amount not to exceed: $3,269 b. Leann Even, Deputy City Clerk Class/Meeting: Iowa Municipal Finance Officers Association Spring Conference Destination: Des Moines, IA Dates: April 15-17, 2020 Amount not to exceed: $450.90 c. Jake Schaefer - Leisure Services/Young Arena Class/Meeting: OSHA Forklift Operator Training Destination: Waterloo, IA Dates: March 5, 2020 Amount not to exceed: $110 d. Craig Denner - Leisure Services/SportsPlex Class/Meeting: OSHA Forklift Operator Training Destination: Waterloo, IA Dates: March 5, 2020 Amount not to exceed: $110 e. Tom Klein, Brad VanderWerff, Bob Jorgensen, Nick Schissel - Leisure Services/Golf Class/Meeting: OSHA Forklift Operator Training Destination: Waterloo, IA Dates: March 5, 2020 Amount not to exceed: $440 Page 3 of 170 f. Greg Svoboda and Collin Widdel - Leisure Services/Downtown Maintenance Class/Meeting: OSHA Forklift Operator Training Destination: Waterloo, IA Dates: March 5, 2020 Amount not to exceed: $220 g. (9) employees - Leisure Services/Parks Class/Meeting: OSHA Forklift Operator Training Destination: Waterloo, IA Dates: March 5, 2020 Amount not to exceed: $990 h. Wayne Hudson - Chief of Police Applicant Class/Meeting: Interview for Police Chief Destination: Waterloo, IA Dates: February 25-26, 2020 Amount not to exceed: $323.08 i. Dr. Joel Fitzgerald - Chief of Police Applicant Class/Meeting: Interview for Police Chief Destination: Waterloo, IA Dates: February 24-26, 2020 Amount not to exceed: $860.91 j. Lt. Feaker and Sgt. Gehrke Class/Meeting: Iowa Narcotics Officers Association Conference Destination: West Des Moines, IA Dates: March 23-26, 2020 Amount not to exceed: $1,445.56 2. LIQUOR LICENSES a. Casey's General Store #2866, 51 E. Tower Park Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 2/28/2021 b. Iry Warren Golf Shop, 1000 Fletcher Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 2/28/2021 c. VFW Post 1623, 1406 Commercial Street *Ownership Update* Class: A Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 1/14/2021 3. APPOINTMENTS Page 4 of 170 a. Tom Powers Board/Commission: Leisure Services Board Expiration Date: March 1, 2023 Re -Appointment b. Brenda Durbahn Board/Commission: Leisure Services Expiration Date: March 1, 2023 Re -Appointment 4. Cigarette/Tobacco Permit New Application for Green Leaf Tobacco and E-Cigs, 1503 E. San Marnan. PUBLIC HEARINGS 2. FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Matt Schindel, Associate Engineer 3. FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, City Engineer 4. FYE 2021 Budget Maximum Property Tax Levy. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section 384.15A in the amount of $36,365,972, an increase in total collections of $2,836,291, or 8.46%, for the budget year ending June 30, 2021. Submitted By: Michelle Weidner, Chief Financial Officer RESOLUTIONS 5. Resolution setting date of public hearing as March 19, 2020 at 5:30 p.m. in the Harold E. Getty Council Chambers to approve the FYE 2021 budget, and instruct City Clerk to publish said notice. Submitted By: Michelle Weidner, Chief Financial Officer Page 5 of 170 6. Resolution approving Completion of Project and Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, and release of retainage in the amount of $10,000, in conjunction with the Dubuque/Osage Road Traffic Safety Improvements Project, Iowa DOT Grant Project Number CS-TSF-8155(745)--85- 07, and authorizing the Mayor to execute said document. Submitted By: Mohammad Elahi, Traffic Engineer 7. Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of one (1) 2019 Ford Transit 250 Van, in the amount of $29,500, from Auto Mart Corporation of Cedar Rapids, Iowa. Submitted By: Randy Bennett, Public Works Division Manager 8. Resolution approving contract, bonds and certificate of insurance with Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $16,587,300, in conjunction with the Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor 9. Resolution approving award of bid to Don Gardner Construction Company, of Waterloo, Iowa, in the amount of $129,360, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services 10. Resolution approving a Professional Services Agreement with Greenlots d/b/a Zeco Systems, Inc., in an amount not to exceed $650 annually, for services and subscription of Greenlots software system for the downtown charging stations, and authorizing the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 11. Resolution approving a Temporary Construction Easement Agreement with O'Neal Steel, LLC, of Waterloo, Iowa, in the amount $1,035, in conjunction with the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 2680 Sergeant Road, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving a Construction Agreement with the Waterloo Water Works Board of Trustees, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Chad Coon, General Manager, Waterloo Water Works 13. Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Chad Coon, General Manager, Waterloo Water Works ORDINANCES Page 6 of 170 14. An ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Article B1, Definitions, and Article B2A, Nuisance Declared, Abatement Required, of Chapter 5, Vegetation, all of Title 7, Public Ways and Property. Motion to receive, file, consider, and pass for the first time an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Article B1, Definitions, and Article B2A, Nuisance Declared, Abatement Required, of Chapter 5, Vegetation, all of Title 7, Public Ways and Property. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Peterson, City Attorney ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Wednesday, March 4, 2020 at 5:00 p.m. Council Budget Work Session, Harold E. Getty Council Chambers Thursday, March 5, 2020 at 5:00 p.m., Council Budget Work Session, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission Board minutes of January 14, 2020. 2. Board of Adjustment minutes of October 29, 2019. 3. Planning, Programming & Zoning minutes of January 7, 2020. 4. Historic Preservation Commission minutes of December 17, 2019. Page 7 of 170 CITY OF WATERLOO Council Communication Minutes of February 24, 2020, Regular Session, as proposed. City Council Meeting: 3/2/2020 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved ATTACHMENTS: Description Type ❑ Minutes of February 24, 2020 Backup Material Submitted by: Submitted By: Date 2/25/2020 - 10:24 AM Page 8 of 170 February 24, 2020 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, February 24, 2020. Mayor Quentin Hart in the Chair. Roll Call: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, Juon. Prayer or Moment of Silence. Pledge of Allegiance: Jonathan Grieder, Ward 2 Council Member 157456 - Juon/Amos that the Agenda, as proposed, for the Regular Session on Monday, February 24, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 157457 - Juon/Amos that the Minutes, as proposed, for the Regular Session on Monday, February 17, 2020, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Proclamation declaring February 24, 2020 as Bruce Aune Day. ORAL PRESENTATIONS Barbara Saffold, 121 Webster Street, commented that she has concerns about how the police handled a situation last week involving an attempted suicide. She explained that the police did not take the person to the hospital because the individual said they did not want to go and that she ended up having to carry the person to Allen Hospital. She questioned if the police department has experience helping people with mental illnesses. Lawrence Wheeler, 433 Bratnober, commented and shared several pictures with the council of trash sitting outside properties on Argyle, Oak Street, Harrison Street, 8th Street, Polk Street, and near the Salvation Army on Argyle Street. Keegan Smith, 25 W. Commercial, commented that committee meetings were not listed on the city website. Mayor Hart commented that the meetings are listed on the city website. Forrest Dillavou, 1725 Huntington Road, encouraged council to take a look at the property located at the intersection of Grant Street and 9th Street. Mayor Hart commented that the property is on the demolition list. Bruce Forbes, 1127 Grant Avenue, requested an update on the progress of the demolition of property located at 9th and Grant. Noel Anderson, Community Planning and Development Director, provided an overview of the demolition project. Mayor Hart commented this property needs to be a priority. Mr. Morrissey commented that he asks that a council work session take place concerning downtown parking. He requested an overview of how much money the city receives for downtown parking. He commented that the city should consider 2-3 hours of free parking on downtown streets. Mayor Hart commented that looking at parking would need more time outside of the budget process. He then commented that he attended the SBA Small Business Awards with an award given to Rodney Anderson. He then announced that Police Chief candidate community forums would take place tomorrow at 5:30 and 6:30 p.m. at the Waterloo Center for the Arts. 157458 - Juon/Grieder that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. Page 9 of 170 February 24, 2020 Page 2 CONSENT AGENDA 157459 - Juon/Amos 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 February 24, 2020, in the amount of $2,269,831.50, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2020-116. 2. Resolution approving order accepting Acknowledgement/Settlement Agreement and check for $300 from B & B East, 1615 Bishop Avenue, Waterloo, Iowa, for sale of tobacco to minor violation -1st offense. Resolution adopted and upon approval by Mayor assigned No. 2020-117. 3. Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, in conjunction with the FY 2021 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-118. 4. Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate 2,000 square feet of alley right-of-way located west of 915 Linden Avenue, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-119. 5. Resolution setting date of public hearing as March 9, 2020 to approve the request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District, located at and adjacent to 915 Linden Avenue, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-120. 6. Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate a 50-foot-wide utility easement, which consists of 1.4 acres, located south of 4550 Hess Road, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-121. 7. Resolution setting date of public hearing as March 9, 2020, to approve the request by the City of Waterloo to vacate approximately 0.47 acres of Right -of -Way north of 3105 Airport Boulevard, and instruct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-122. 8. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 2, 2020 and date of public hearing as April 6, 2020, in conjunction with the mowing contract for city owned lots generally acquired through Iowa Code 657A, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-123. 9. Resolution setting date of public hearing as April 6, 2020 to ratify and affirm certain actions with respect to the Virden Creek Drainage Project, to establish the amount of Just Compensation for certain property interests to be acquired for project purposes, and to Page 10 of 170 February 24, 2020 Page 3 authorize the use of condemnation of procedures for acquisition of said property interests in furtherance of the project objectives, and instruct City Clerk to publish said notice. 10. Resolution setting date of bid opening as March 12, 2020 and date of public hearing as March 16, 2020, for asbestos survey services at 1100 Sycamore Street, 105 E. 10th Street, 300 Allen Street, 1527 E. 4th Street, 2127 E. 4th Street (St. Mary's Church and School Buildings only), 1526 E. 4th Street, 811 Williston Avenue, 179 Rebecca Lane, 1809 Black Hawk Street, 118 Shilliam Avenue, 1004 Fulton Avenue, 817 Bluff Street (Quonset hut only), 514 Johnson Street, 214 Cottage Street, 921 W. 2nd Street and 220 Hopkins Court, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-124. 11. Resolution setting date of public hearing as March 9, 2020 to approve proposed repairs in conjunction with the 2020 Sidewalk Inspection and Repair Program — Zone 10, and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs, and authorize City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-125. 12. Resolution setting date of public hearing as March 9, 2020, to approve an Exchange Agreement and Assignment of Real Estate Contract with L & H Farms, Ltd., for the acquisition of property in Black Hawk County and exchange of property in the San Marnan TIF District in the amount of $1,696,636.60, for 47.17 acres and up to $10,000 in closing costs, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2020-126. 13. Resolution approving cancellation of assessment for 216 Rhey Street in the amount of $98.25, and authorizing the City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2020-127. b. Motion to approve the following: a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Sergeant Hoelscher and Officers A. Ehlers, Roberts, Sommer and Suljic Crime Prevention Through Environmental Design Louisville, KY March 16-19, 2020 $7,500 Todd Derifield, City Forester Iowa Park & Recreation Spring Conference Cedar Rapids, IA March 24-26, 2020 $613 Brian Boesen, Lead Animal Control Officer and Sally Hayward, Animal Control Officer Animal Cruelty and Fighting Investigations Training for Law Enforcement Council Bluffs, IA March 17-18, 2020 $400 Casy Cory, Lab Technician Certified Environmental Worker of Iowa Training Opportunities Cedar Rapids, IA April 9, 2020 $125 (6) Waste Management Employees *AMENDED* Iowa Water Environment Association - Collection System Conference/Review Session and ABC Collection System Exam Marshalltown, IA March 6, 2020 $750 Page 11 of 170 February 24, 2020 Page 4 2. a. b. c. d. e. f. g. h. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Amigo Mexican Restaurant, 1415 San Marnan Drive C Liquor w/Outdoor Service Renewal 2/28/2021 x El Sefior Tequila Nightclub, 118 E. l lth Street C Liquor Renewal 2/18/2021 Gates Park Golf Shop, 820 E. Donald Street C Liquor w/Outdoor Service Renewal 2/28/2021 x S.A.C.'s Neighborhood Pub, 2000 Hawthorne Avenue C Liquor w/Outdoor Service Renewal 1/31/2021 x South Hills Golf Shop, 1830 E. Shaulis Road C Liquor w/Outdoor Service Renewal 2/28/2021 x Sycamore Convenience, 617- 619 Sycamore Street B Wine / C Beer / E Liquor Renewal 3/11/2021 x Uni Mart, 1615 Bishop Avenue B Wine / C Beer / E Liquor New 2/28/2021 x Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street A Liquor Renewal 1/14/2021 x 3. Mayor Hart's recommendation of the following appointments: Appointee Xavier Leonard Board/Commission Leisure Services Expiration Date March 1, 2023 New or Re -Appointment Re -Appointment Theodore Batemon Telecommunications Board February 24, 2026 New 4. Cigarette/Tobacco Permit New Application for Ali's Corner, 1117 E. 4th Street. 5. Recommendation of appointment of Scott Brunson, to the position of Sanitation Director at the Public Works Sanitation Department, effective March 5, 2020, pending pre employment requirements. Roll call vote -Ayes: Seven. Motion carried. 157460 - Morrissey/Amos Resolution setting date of public hearing as April 6, 2020 to ratify and affirm certain actions with respect to the Virden Creek Drainage Project, to establish the amount of Just Compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation of procedures for acquisition of said property interests in furtherance of the project objectives, and instruct City Clerk to publish said notice. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned if this project will correct flooding for property owners in the area. Noel Anderson, Community Planning and Development Director, confirmed. Resolution adopted and upon approval by Mayor assigned No. 2020-128. 157461 - Morrissey/Amos Recommendation of appointment of Scott Brunson, to the position of Sanitation Director at the Public Works Sanitation Department, effective March 5, 2020, pending pre -employment requirements. Roll call vote -Ayes: Seven. Motion carried. Mr. Morrissey questioned what pending pre -employment requirements means. Randy Bennett, Public Works Division Manager, explained the meaning of the wording. RESOLUTIONS Page 12 of 170 February 24, 2020 Page 5 157462 - Grieder/Morrissey that "Resolution approving the Iowa Certified Local Government 2019 Annual Report, and authorizing the Mayor and Planning Staff to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Ed Otteson, Historical Preservation Commission Chair, highlighted several projects and successes listed in the report. Mr. Amos commented that he received a call from Colin Dorsey with KWWL and asked Mr. Otteson to reach out to the reporter directly. Resolution adopted and upon approval by Mayor assigned No. 2020-129. 157463 - Grieder/Morrissey that "Resolution approving City/State Funding Agreement for Federal -Aid Swap Funding, in conjunction with the FY 2021 LaPorte Road/Hess Road Improvements, Phase I, Contract No. 1016, as part of the Department of Transportation's Surface Transportation Block Grant Program, in the amount of $1,080,000, and authorizing the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-130. 157464 - Grieder/Morrissey that "Resolution approving award of contract to Dave Schmitt Construction Co. Inc., of Cedar Rapids, Iowa, in the amount of $115,029, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, and authorizing the Mayor and City Clerk to execute said documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2020-131. 157465 - Morrissey/Amos that the council adjourn to Executive Session at 6:08 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Martin Petersen stated that discussion of the purchase of real estate is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j). EXECUTIVE SESSION 157466 - Morrissey/Amos that the council adjourn Executive Session at 6:26 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 157467 - Morrissey/Amos that the Council adjourn at 6:26 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 13 of 170 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Riverloop Association, Inc., for events to be held at the Riverloop Amphitheater and the Expo Plaza from May 1, 2020 through November 15, 2020, from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 2/26/2020 - 12:05 PM ATTACHMENTS: Description Type ❑ Variance to Noise Ordinance Application Backup Material SUBJECT: Resolution approving Variance to Noise Ordinance request from Riverloop Association, Inc., for events to be held at the Riverloop Amphitheater and the Expo Plaza from May 1, 2020 through November 15, 2020, from 10:00 a.m. to midnight, in conjunction with music concerts, wedding receptions, movies on the river, etc., including bands and the use of a PA system. Submitted by: Submitted By: Dave Mohlis, Police Captain Page 14 of 170 hltps llu k:;g. APPLICANT'S NAME: APPLICANT'S ADDRESS: APPLICANT'S PHONE #: APPLICATION FOR VARIANCE TO NOISE ORDINANCE Ver troop AssocCA'Ec. '2:2 C0 C. Y%Y V- c t,f- +ai- 2C71i- L Lkct) ANTICIPATED DATE OF VARIANCE: A(10 `--( ; 2 0 2 D '-- N o V 1 c--ar 202 C7 NAME OF EVENT: ( -) C ci( C c;t)t -{-S', VY 09 YPc•e +_ ietr1S , rn 0 v i S 0 -t--{Ae i-hferv, pr.!Vc e' pc4 v ties, G I G FC TIMES OF DAY OF VARIANCE: 1 C->u vti - GEOGRAPHICAL LOCATION OF VARIANCE: Ri p R-rv'i p Vl r`H/} `a; X Imo( �Gt , VYeS f- c> Y i Ve r DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE"ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. `iqe,v Li] o N2 A4rY1 plc) of 2c I 22< COim pi'C"1c4OU 5 F-Er2YSL�t/1 S't"YC�'' 4 , icy piC.t‘-{ i I\C J �. A . S� is �€�+�4' c o XG•v vvectci t.Vc, 5 . (-Pc.P -Eons Sce11.rQvi-si corrporert . ,;- a,,`:2 WOYIa / , U VL -s CITY COUNCIL ACTION: APPROVAL: pl clantf s Signature 2- - 2 0 Date Police Dept. Recommendation APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Page 15 of 170 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, for the FY 2020 Street Reconstruction Program, Contract No. 993, and instruct City Clerk to publish said notice. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/26/2020 - 9:37 AM Clerk Office Higby, Nancy Approved 2/26/2020 - 10:06 AM ATTACHMENTS: Description Type ❑ Cont 993_NPH Cover Memo SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, for the FY 2020 Street Reconstruction Program, Contract No. 993, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Dennis Gentz, PE, Assistant City Engineer Summary Statement: Plans prepared by the City Engineer's Office. Expenditure Required: TBD Source of Funds: Local Option Sales Tax Funds Page 16 of 170 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2020 STREET RECONSTRUCTION PROGRAM In the City of Waterloo, Iowa CONTRACT NO. 993 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 19th day of March, 2020 until 1:00 p.m. for the construction of the FY 2020 STREET RECONSTRUCTION PROGRAM, Contract No. 993, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 19th day of March, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 23rd day of March, 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 NOTICE OF HEARING CONTRACT NO. 993 Page 117:#21e 17 of 170 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The extent of the work involved is the construction of street improvements in, along and upon portions of certain streets, avenues, roads, and alleys, and such other work as may be incidental thereto along and upon the following streets, avenues, roads and alleys. Street improvements consisting of: Alternate A: • 1 1/2 or 3 inch thick HMA ST Intermediate 1/2", 60% CR and 3-inch Base, 3/4", 60% CR with a 1 1/2 -inch thick HMA ST Surface, 1/2", 75% CR between new 24-inch curb and gutter sections; OR Alternate B: • 6 or 8-inch non -reinforced PCC paving with integral curb and gutter Subgrade drain tile, granular subbase, new storm sewer and appurtenances and other such work as may be incidental thereto. All street improvements consist of the reconstruction of an existing paved street, which is to be replaced with a proposed street. The list of streets, which are proposed for improvements, is as follows: Street 3rd St., W. Columbia Cir. (S) Elston Ave. Hubbard Ave. Maxine Ave. Mitchell Ave., W. St. Francis Dr. Wildwood Rd. From To Clough St. Kingbard Blvd. Fletcher Ave. W. 4th St. Gayle St. Derbyshire Rd. Wildwood Rd. St. Francis Dr. Fletcher Ave. Kingbard Blvd Columbia Cir. Columbia Cir. Joy Dr Kimball Ave. San Marnan Frontage Rd. Holly Ln. NOTICE OF HEARING CONTRACT NO. 993 Page 2F e 18 of 170 Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 993 Page 3Po�ge 19 of 170 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 2, 2020 and date of public hearing as April 6, 2020, for the FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951, and instruct City Clerk to publish said notice. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/26/2020 - 9:37 AM Clerk Office Higby, Nancy Approved 2/26/2020 - 10:04 AM ATTACHMENTS: Description Type ❑ Cont 951 NPH Cover Memo D Cont 951_AECOM req to bid Cover Memo SUBJECT: Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 2, 2020 and date of public hearing as April 6, 2020, for the FY 2020 Sanitary Sewer Gatewell Repairs, Contract No. 951, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer Summary Statement: AECOM Page 20 of 170 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost for the FY 2020 SANITARY SEWER GATEWELL REPAIRS CONTRACT NO. 951 In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 2nd day of April 2020 , until 1:00 p.m. for the construction of the FY 2020 SANITARY SEWER GATEWELL REPAIRS, CONTRACT NO. 951 as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 2nd day of April , 2020 , until 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 6t" day of April , 2020 , said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site: http://ci.waterloo.ia.us/ 2) Plan Rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site: www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ NOTICE OF PUBLIC HEARING CONTRACT NO.951 AECOM #60549334 NPH-1 of 2 FY 2020 SANITARY SEWER GATEWELL-REPAIFS1 of 170 SCOPE OF WORK The extent of the work involved is the rehabilitation, replacement or abandonment of gatewells and/or valve wells along the City's flood control systems. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 20 . CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF PUBLIC HEARING CONTRACT NO.951 AECOM #60549334 NPH-2 of 2 FY 2020 SANITARY SEWER GATEWELL-REPAIRof 170 AECOM February 25, 2020 Wayne Castle, PLS, PE City of Waterloo Engineering Department 715 Mulberry Street Waterloo, Iowa 50703 AECOM 501 Sycamore Street Suite 222 Waterloo, Iowa 50703 www.aecom.com Subject: Request to Bid Project and Set Date for Public Hearing F.Y. 2020 Sanitary Sewer Gatewell Repairs Waterloo, Iowa City Contract No. 951 AECOM #60549334 Dear Mr. Castle: 319-232-6531 tel 319-232-0271 fax The City of Waterloo recently obtained a construction permit from the Iowa Department of Natural Resources for the F.Y. 2020 Sanitary Sewer Gatewell Repairs project. It is the City's intention to bid this project with the estimated construction completion late in October 2021. The City of Waterloo has existing components of sanitary sewer along the City's flood control system that are to be rehabilitated, replaced, installed or a review conducted. These include gatewells, valvewells, 12 and 8-inch sanitary sewer lines, manholes, and all necessary appurtenances per approved plans and specifications. We are requesting permission from the City Council to bid this project with a bid date of April 2, 2020, and a public hearing date of April 6, 2020. If you have any questions or need additional information, please let us know. Thank you. Yours sincerely, Ross A. Hillsman, PE \\uswatlfp001\data\ Projects \60549334\300_Communications\2020-02-25 - Ltr for Council Approval to Bid Gatewell Project.docx Page 23 of 170 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, for the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and instruct City Clerk to publish said notice. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Engineering Engineering Engineering Clerk Office ATTACHMENTS: Description D Cont 1015_NPH SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Reviewer Knutson, Jamie Ross, Tracia Knutson, Jamie Higby, Nancy Action Rejected Approved Approved Approved Type Cover Memo Date 2/26/2020 - 9:36 AM 2/26/2020 - 9:38 AM 2/26/2020 - 9:38 AM 2/26/2020 - 10:05 AM Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as March 19, 2020 and date of public hearing as March 23, 2020, for the FY 2020 Courtland, Jefferson, and Mulberry Streets Reconstruction Program, Contract No. 1015, and instruct City Clerk to publish said notice. Submitted By: Dennis Gentz, PE, Assistant City Engineer Plans prepared by the City Engineer's Office. TBD Local Option Sales Tax Funds Page 24 of 170 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the F.Y. 2020 COURTLAND ST., JEFFERSON ST. AND MULBERRY ST. RECONSTRUCTION PROGRAM In the City of Waterloo, Iowa CONTRACT NO. 1015 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 19th day of March, 2020 until 1:00 p.m. for the construction of the FY 2020 COURTLAND ST., JEFFERSON ST. AND MULBERRY ST. RECONSTRUCTION PROGRAM, Contract No. 1015, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 19th day of March, 2020 at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above -described improvement project at 5:30 p.m. on the 23rd day of March, 2020, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 NOTICE OF HEARING McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 CONTRACT NO. 1015 Page ,p6Rge 25 of 170 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprojects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/project-leads/ SCOPE OF WORK The extent of the work involved is the construction of street improvements in, along and upon portions of certain streets, avenues, roads, and alleys, and such other work as may be incidental thereto along and upon the following streets, avenues, roads and alleys. Street improvements consisting of: • 6 or 9-inch PCC paving with integral curb and gutter Subgrade drain tile, granular subbase, new storm sewer and appurtenances and other such work as may be incidental thereto. All street improvements consist of the reconstruction of an existing paved street, which is to be replaced with a proposed street. The list of streets, which are proposed for improvements, is as follows: Street From To Courtland St. Lane St. Vinton St. Jefferson St. 1st St. 3rd St. Mulberry St. E. 1st. St. E. Park Ave. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF HEARING CONTRACT NO. 1015 Page E6Rge 26 of 170 CITY OF WATERLOO Council Communication Resolution approving request of Alan Degenhardt for a waiver for a concrete driveway, located at 4147 Suburban Drive, with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Engineering Clerk Office Reviewer Knutson, Jamie Higby, Nancy Action Approved Approved ATTACHMENTS: Description Type ❑ DW Waiver 4147 Suburban Dr Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Legal Descriptions: Date 2/26/2020 - 9:38 AM 2/26/2020 - 10:42 AM Resolution approving request of Alan Degenhardt for a waiver for a concrete driveway, located at 4147 Suburban Drive, with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Jamie Knutson, PE, City Engineer Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 4147 Suburban Drive. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. FIRST ADDITION TO SUBURBAN HEIGHTS LOT 6 Page 27 of 170 l7Yf.SVWA. Date: ,/.21//i01/ Honorable lillayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a GNct FT6 driveway or sidewalk located at (concrete or asphalt) 4/1`/ 7 Sum, -A-N vc� (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). V elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. a. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Alav\ eY16.r Printed Name of Property Owner ianature ignature of operty Owner Page 28 of 170 CITY OF WATERLOO Council Communication Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -first offense for Ali's Liquor, 1117 E. Fourth Street, Waterloo, Iowa 50703. City Council Meeting: 3/2/2020 Prepared: 2/27/2020 REVIEWERS: Department Legal ATTACHMENTS: Description SUBJECT: Submitted by: Recommended Action: Background Information: Reviewer Even, LeAnn Action Approved Type Date 2/27/2020 - 5:40 PM Resolution approving Acknowledgment/Settlement Agreement for Tobacco Violation -first offense for Ali's Liquor, 1117 E. Fourth Street, Waterloo, Iowa 50703. Submitted By: Martin M. Petersen, City Attorney Approve Acknowledgment/Settlement Agreement for violation and accept the $300.00 civil penalty check from business owner. On or about December 11, 2019 the Clerk at Ali's Liquor sold tobacco to a minor (first offense). Clerk plead guilty and paid $195.00 fine at the Courthouse. The business is then to pay a $300.00 civil penalty to the City for said violation. We received signed Acknowledgment and check for $300.00. Page 29 of 170 ©H a T( OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street Waterloo, IA 50703 (319) 291-4327 Fax (319) 291-4286 February 11, 2020 ALI'S LIQUOR 1117 E. Fourth Street Waterloo, Iowa 50703 Re: ALI'S LIQUOR, 1117 E. Fourth Street, Waterloo, Iowa, 50703 The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 2" day of March, 2020, at 5:30 p.m., in the Council Chambers, Second Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing complaint, which has been filed against you, is attached. If you or your representative fail to appear at this hearing, a decision may be rendered against you. You have the opportunity to be heard at this hearing and to be represented by an attorney at your own expense regarding the mandatory $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation of §453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco products, or cigarettes to any person under eighteen years of age. If you wish to settle this case in lieu of the public hearing, you may complete the attached Acknowledgment/Settlement Agreement, returning the original copy, properly signed and dated, to Martin M. Petersen, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than ten (10) business days prior to the hearing date. With this Acknowledgment/Settlement Agreement, you must include a check in the amount of $300.00 made payable to the City of Waterloo. This will satisfy the penalty for a First Violation under Iowa Code §453A.22(2) and will conclude the matter. If you have any questions, you may reach me at (319) 291-4327. If you have obtained representation by an attorney in this matter, the attorney should contact me. Sincerely, f'l(L(1(r) Martin M. Petersen Waterloo City Attorney mmp:sda Enclosures: Hearing Complaint, Acknowledgment/Settlement Agreement CITY WEBSITE: wwwcityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 30 of 170 PAYMENT DATE 02/27/2020 COLLECTION STATION COUNTER 1 RECEIVED FROM EAGLE MART, INC DESCRIPTION TOBACCO VIOLATION -1ST OFFENSE 1117 E 4TH ST PAYMENT CODE City of Waterloo 715 Mulberry St Waterloo, IA 50703 (319) 291-4323 RECEIPT DESCRIPTION 010-11-1165 TOBACCO FINES 3550 010-11-1165 3550 Tobacco Fines $300.00 11GRT.0001 Total Cash Total Check Total Charge Total Wire Total Other $300.00 $0.00 $0.00'% $0.00 $0.00 Total Remitted $300.00 Change $0.00 Total Received $300.00 BATCH NO. 2020-08001081 RECEIPT NO. 2020-00009017 CASHIER Doug Anderson TRANSACTION AMOUNT $300.00 Total Amount: Customer Copy $300.00 Printed by: Doug Anderson Page 1 of 1 02/27/p0 0V �? fp IN RE: ALI' S LIQUOR 1117 E. Fourth Street Waterloo, Iowa 50703 HEARING COMPLAINT/ FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above -named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about December 11, 2019, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against ALI' S LIQUOR, 1117 E. Fourth Street., Waterloo, Iowa 50703. N-f)Lbc,40--il 12d—a Martin M. Petersen Waterloo City Attorney Page 32 of 170 If Unable.to Complete the; Compliance' -Check (check one)1_. ]_Establishment hasia VALID PERMIT but Does' Not Sell Tobacc °Alfernative`Nicotine or.Vapor Products _ _ Permit: Statu`s`KVerifed by ;city Clerk or County Aildifor ]:Establishment No LongeriHolds a Valid Tobacco "AIternatiiie'- Nicotine or Vapor Produ&Permit 1 Establishment is :Out of :Business Establishment is designated an :`UnsatisfactoryCondition_" nsatisfactory Conthtioll'`_Verified by-'ABD,lnvestigator OffcerQonducted a;Walk-Througf ot,tl eP.-,rerrilOs';- (Explanaton_Required in _Comments Section Below) If none: of.tlie_a_bove reasons iapply, write_reason and explanation on - align OMI-1?,0Issued before'your de aitrnent (oay-rOOSisra OFFIC Page 33 of 170 hey. IL/LUII IOWA Case Number INCIDENT REPORT �" WATERLOO POLICE DEPARTMENT 715 MULBERRY ST IOWA. WATERLOO , IA 50703 (319) 291-4340 W19-100965 Date/Time of Report 12/11/2019 15:46 Hrs Status 03 -CLEARED BY ARREST SUMMARY County BLACK HAWK - 07 Report Type 0 - INITIAL INCIDENT ORI Number IA0070300 Is Date and Time of Incident Known? Yes Incident Date or Lower Date Range 12/11/2019 Upper Date Range Incident Time or Lower Time Range 15:30 Hrs. Upper Time Range Hrs. Day of Week Incident Occurred WEDNESDAY Exceptionally Clea ed N - NOT APPLICABLE Date Cleared Exceptionally INCIDENT REPORTED BY Was Incident Reported by a Victim? NO Reporting Victim's Sequence No. Name - Last First Middle Suffix FRANA ANDREA Business Name (if Incident was Reported by a Business) Address 715 MULBERRY ST City State Zip Code WATERLOO IA 50703 Home/Cell Phone Work Phone (319) 291-4340 OFFENSE 001 Seqq. No. 001 Ordinance STATE Code Section 453A.2(1) UCR Offense Code ALL OTHER OFFENSES - 90Z Charges/Offen e PROVIDING TOBACCO TO A MINOR- 1ST OFFENSE Attempted/Completed C - COMPLETED Type of Criminal Activity (up to 3) D - DISTRIBUTING/SELLING Type of Weapon/Force Involved (up to 3) 99 - NONE Gang Information (up to 2) No. of Premises Entered Method of Entry N - NO FORCE Offender Suspected of Using (up to 3) LOCATION OF OFFENSE Location Type 07 - CONVENIENCE STORE X Coordinate 554818.062 Y Coordinate 4706286 Literal Description E 4TH ST VICTIM 001 Type of Victim S - SOCIETY/PUBLIC Sequence No. 001 Business/Organization/State/County/Municipality Name Address City State Zip Code Phone VICTIM CONNECTED TO UCR OFFENSE CODES OCR Offense Code 1 ALL OTHER OFFENSES - 90Z OCR Offense Code 2 UCR Offense Code 3 UCR Offense Code 4 UCR Offense Code 5 UCR Offense Code 6 UCR Offense Code 7 UCR Offense Code 8 OCR Offense Code 9 UCR Offense Code 10 ADDITIONAL OFFENSE CIRCUMSTANCE INFO Aggravated Assault/Homicide Circumstances (up to 2) Additional Justifiable Homicide Circumstances END OFFENSE 001 OFFENDER 001 Type of Offender 01 -'Offender Sequence No. 001 NIBRS Offense Sequence Numbers 001 Lesser Offense Sequence Numbers Name - Last First Middle Suffix TARIQ ABDUL RAFAY Alias(es) Address City State Zip Code 1228 RAVENWOOD RD APT #8 WATERLOO IA 50702 Home Phone (319) 576-8164 DOB Known? DOB Age or Lower Age Range Upper Age Range YES 10/30/1993 26 SSN Resident Status U- UNKNOWN ate Gender Printed At: WATERLOO POLICE DEPARTMENT eight Weight Eye Color 12/12/2019 7:08 AM Hair Color Page 1 Form #: Pgr54 of 170 IA M - MALE 5' 06" 135 LBS BROWN - BRO BROWN - BRO Skin Tone MEDIUM - MED Race A - ASIAN/PACIFIC ISLANDER Ethnici y U - UNKNOWN Scars/Marks/Tattoos Offender Present When Officer Arrived? YES Type of Injury (up to 5) N-NONE EMPLOYMENT OR SCHOOL INFO Employer or School ALI'S CORNER Occupation CLERK Address 1117 E 4TH STREET City WATERLOO ARREST INFO State Zip Code IA 50703 Work Phone Offender Arrested? YES Arrest Trans. Booking No. 1 Type of Arrest S - SUMMONED/CITED Arrest Date Arrest Time 12/11/2019 15:30 Hrs. Associated Offense Sequence No. 001 Miranda By Miranda Date Miranda Time Hrs. Arrestee Condition S`-SOBER Arrestee Armed With (up to 2) 01 -UNARMED Place of Birth Multiple Arrestee Indicator Additional Incidents Cleared N - NOT APPLICABLE JUVENILE INFO Parent/Guardian Contacted? Name - Last First Middle Suffix Address City State Zip Code Home Phone Work Phone Juvenile Arrestee Disposition END OFFENDER 001 OFFICER'S INVESTIGATIVE NOTES On Wednesday, December 11, 2019, at approximately 1530 hours, the Waterloo Police Department, with the assist of an underage confidential informant, conducted a tobacco compliance check at Ali's Corner, located at 1117 E 4th Street. The CI was instructed to enter the store and request a tobacco product, to wit: Newport cigarettes. The Cl was also told to provide their State of Iowa issued identification and/or their actual age if requested. The CI was told that if the sale was completed, to leave the tobacco product and any change from the transaction on the counter and leave the business. The CI then entered the store and followed the above defined instructions. After providing the clerk, identified as the Offender, their State of Iowa issued Iowa issued driver's license, the Offender proceeded with the sale of tobacco. The CI paid for the tobacco product with a predetermined twenty -dollar bill. The CI then left the tobacco product and the money on the counter. A Waterloo Police Officer was standing a couple feet from the underage CI and observed the transaction. The Officer approached the Offender and told him that he had sold tobacco to an underage person. The Offender was issued a summons charging him with Providing Tobacco to a Minor 1st Offense. The package of Newport cigarettes was tagged into the property division as evidence. Case closed. OFFICER Complainant/Reporting Party Signature Reporting Officer FRANA ANDREA Badge Number B3641 Supervisor FARMER, AUGUSTIN Badge Number F3664 Video Taken? (Check All That Apply) Evidence Seized? YES Photos Taken? Incident Assigned To INV Printed At: WATERLOO POLICE DEPARTMENT 12/12/2019 7:08 AM Page 2 Form #: Par685 of 170 Charges, Dispositions, Sentences Title: ST VS TARIQ, ABDUL RAFAY Case: 01071 STA0190421 (BLACK HAWK) Citation Nlunber: W100965 Defend TARIQ, ABDUL RAFAY ant: Count 01 Charge e: Charg 453A.2(1) Offens 12/11/2019 e Date: DPS Number: Adjudication e: Charg 453A.2(1) Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR tion: PRODUCT TO MINOR - 1ST OFF Arrest Date: Against Type: Descrip EMPLOYEE PROVIDING TOBACCO/VAPOR P tion: RODUCT TO MINOR - 1ST OFF GUILTY - Adj.Dat Adj.: NEGOTIATED/VO 01/07/2020 LUN PLEA e: Adj.Ju GUERNSEY, DENNIS M dge: Comm ents: Sentence e: Charg 453A.2(1) Descrip EMPLOYEE PROVIDING TOBACCO/VAPORP tion: RODUCT TO MINOR - 1ST OFF Senten 01/07/2020 Sentenc FINE ce Date: e: Appea 1: Facilit y Type: Restit ution: N Sen.Jud GUERNSEY, DENNIS M ge: Attorne N y: Drug: N Extradition: N Page 36 of 170 Page 37 of 170 Title: ST'VS TARIQ, ABDUL RAFAY Case: 01071 STA0190421 (BLACK HAWK) Citation Number: W100965 Summary Ori Paid COSTS 60.00 60.00 FINE 100.00 100.00 SURCHARGE 35.00 3 5.00 RESTITUTION 0.00 0.00 OTHER 0.00 0.00 Due 0.00 0.00 0.00 0.00 0.00 $195.00 $1 95.00 $0.00 Page 38 of 170 BEFORE THE WATERLOO CITY COUNCIL IN RE: ALI'S LIQUOR ORDER ACCEPTING 1117 E. FOURTH STREET ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50703 AGREEMENT FIRST VIOLATION On this day of , 2020, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 39 of 170 IN RE: ALI'S LIQUOR ACKNOWLEDGMENT/ 1117 E. FOURTH STREET SETTLEMENT AGREEMENT WATERLOO, IOWA 50703 FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of $300.00 made payable to the City of Waterloo to settle the above - referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims. Date: )2_ , 2-7 Lc. i._.fsuJ Al2 i� ►nc�.n, NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, along with your $300.00 check made payable to the City of Waterloo, should be returned to: Martin M. Petersen, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. Page 40 of 170 STATE OF IOWA RETAIL CIAXeltl�� and TOBACCO Main' City Number FY20-1 05 In accordance with laws of the state of Iowa, and the action of The City Council of WATERLOO Iowa (City) Business Location Name: ALI'S CORNER Business Location. Address: 1117 E 4TH ST WATERLOO, IOWA 50703 Type of Sales: OVER THE COUNTER Ownership Type: CORPORATION Legal Owner Name: EAGLE MART, INC Legal Owner Mailing Address: 608 IOWA ST CEDAR FALLS, IOWA 50613 Is hereby authorized to sell cigarettes and tobacco products at the business location address above. in the City of WATERLOO County of BLACK HAWK , Iowa. This permit is nontransferable, is effective from FEB 25TH ,20 20 and automatically expires on June 30, 2020 unless suspended or revoked. In Testimony Whereof, I have caused the seal of the said City to be hereunto affixed. Done at WATERLOO in the State of Iowa, this 25TH Day of FEBRUARY 20 20 KELLEY FELCHLE, CITY CLERK City Mayor or Clerk This copy to be posted by the retailer where the sale is to be made in plain view of the public. Page 41 of 170 CITY OF WATERLOO Council Communication Cigarette/Tobacco Permit New Application for Green Leaf Tobacco and E-Cigs, 1503 E. San Marnan. City Council Meeting: 3/2/2020 Prepared: REVIEWERS: Department Reviewer Action Clerk Office Higby, Nancy Approved SUBJECT: Date 2/26/2020 - 10:48 AM Cigarette/Tobacco Permit New Application for Green Leaf Tobacco and E- Cigs, 1503 E. San Marnan. Page 42 of 170 CITY OF WATERLOO Council Communication FY 2020 Waterloo Air and Rail Park Tree Clearing, Contract No. 1017. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/25/2020 - 4:41 PM Clerk Office Even, LeAnn Approved 2/26/2020 - 1:54 PM SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Matt Schindel, Associate Engineer Page 43 of 170 CITY OF WATERLOO Council Communication FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 2/25/2020 - 4:41 PM Clerk Office Even, LeAnn Approved 2/26/2020 - 1:53 PM SUBJECT: Submitted by: Expenditure Required: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, City Engineer Page 44 of 170 CITY OF WATERLOO Council Communication FYE 2021 Budget Maximum Property Tax Levy. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 2/26/2020 - 1:36 PM Clerk Office Even, LeAnn Approved 2/26/2020 - 1:52 PM ATTACHMENTS: Description Type ❑ FYE21 Budget Max Levy Hearing Council Comm Cover Memo SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section 384.15A in the amount of $36,365,972, an increase in total collections of $2,836,291, or 8.46%, for the budget year ending June 30. 2021. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: Policy Issue: This is a new hearing that is required under Iowa Code Section 384.15A to notify the public of the maximum amount of property tax dollars the City is considering requesting for the budget year ending June 30, 2021. This level of collections of $36,365,972 exceeds the prior year collections by $2,836,291, or 8.46%. A resolution approving the maximum property tax dollars must be approved prior to holding a second hearing approving the full budget. Because the total collections would increase by more than 2%, this requires a supermajority 2/3 vote of the council (5 positive votes). A resolution adopting the maximum property tax levy for the year ending June 30, 2021 is required. The maximum amounts that can be levied for the levies covered by Codes Section 384.15A can be reduced after this approval, but cannot be increased. This amount must be approved prior to setting the hearing date for the final budget that will approve the total property tax levy and the full budget. Page 45 of 170 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GREIDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: March 2, 2020 February 26, 2020 Michelle Weidner, CFO None SUBJECT: Public Hearing for FYE2021 Budget Maximum Tax Levy Submitted by: Michelle Weidner, CFO Recommended City Council Action: Resolution approving the Maximum Property Tax Askings as defined under Iowa Code Section 384.15A in the amount of $36,365,972, an increase in total collections of $2,836,291, or 8.46%, for the budget year ending June 30, 2021. Summary Statement: This is a new hearing that is required under Iowa Code Section 384.15A to notify the public of the maximum amount of property tax dollars the City is considering requesting for the budget year ending June 30, 2021. This level of collections of $36,365,972 exceeds the prior year collections by $2,836,291, or 8.46%. A resolution approving the maximum property tax dollars must be approved prior to holding a second hearing approving the full budget. Because the total collections would increase by more than 2%, this requires a supermajority 2/3 vote of the council (5 positive votes). The budget estimate must be published in the paper ten to twenty days prior to the budget hearing. Expenditure Required: Source of Funds: Policy Issue: A resolution adopting the maximum property tax levy for the year ending June 30, 2021 is required. The maximum amounts that can be levied for the levies covered by Codes Section 384.15A can be reduced after this approval, but cannot be increased. This amount must be approved prior to setting the hearing date for the final budget that will approve the total property tax levy and the full budget. Approving the publication of the budget estimate establishes the maximum tax levy rate for the fiscal year ending June 30, 2021. The levy rate and expenditures by program can be reduced from the published budget estimate, but cannot be increased. Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 46 of 170 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as March 19, 2020 at 5:30 p.m. in the Harold E. Getty Council Chambers to approve the FYE 2021 budget, and instruct City Clerk to publish said notice. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 2/26/2020 - 1:36 PM Clerk Office Even, LeAnn Approved 2/26/2020 - 2:35 PM ATTACHMENTS: Description Type ❑ FYE2021 Budget Hearing Request Cover Memo Resolution setting date of public hearing as March 19, 2020 at 5:30 p.m. in SUBJECT: the Harold E. Getty Council Chambers to approve the FYE 2021 budget, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The annual budget is required to be adopted and certified with Black Hawk Summary Statement: County and the State of Iowa by March 31, 2020. The budget estimate must be published in the paper ten to twenty days prior to the budget hearing. Policy Issue: Alternative: Approving the publication of the budget estimate establishes the maximum tax levy rate and maximum expenditures by program for the fiscal year ending June 30, 2021. The levy rate and expenditures by program can be reduced from the published budget estimate, but cannot be increased. According to the State Department of Management, if the budget isn't certified by March 31, 2020, the state would set the city's property taxes at the same amount of property tax dollars as were certified for the current year ($40,639,192 plus utility excise taxes of $1,425,983). That amount is $2,821,934 less than the maximum levy hearing amount. There would likely be an audit finding regarding noncompliance with state law regarding budget deadlines also. Page 47 of 170 Mayor QUENTIN HART COUNCIL MEMBERS MARGARET KLEIN Ward 1 JONATHAN GREIDER Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RAY FEUSS Ward 5 SHARON NON At -Large DAVE BOESEN At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: March 19, 2020 February 26, 2020 None SUBJECT: Set Hearing Date for FYE2021 Budget Submitted by: Michelle Weidner, CFO Recommended City Council Action: Set the date of hearing for the FYE2021 budget for Thursday, March 19 at 5:30 p.m. to approve the budget as required by the new state law and instruct the City Clerk to publish said notice. Summary Statement: The budget estimate must be published in the paper ten to twenty days prior to the budget hearing. Expenditure Required: None Source of Funds: None Policy Issue: Approving the publication of the budget estimate establishes the maximum tax levy rate for the fiscal year ending June 30, 2021 and also the maximum amounts that can be spent by program. The levy rate and program expenses can be reduced from the published budget estimate, but cannot be increased. Alternative: According to the State Department of Management, if the budget isn't certified by March 31, 2020, the state would set the city's property taxes at the same amount of property tax dollars as were certified for the current year ($40,639,192 plus utility excise taxes of $1,425,983). That amount is $2,821,934 less than the maximum levy hearing amount. There would likely be an audit finding regarding noncompliance with state law regarding budget deadlines also. Background Information: None WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 48 of 170 CITY OF WATERLOO Council Communication Resolution approving Completion of Project and Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, and release of retainage in the amount of $10,000, in conjunction with the Dubuque/Osage Road Traffic Safety Improvements Project, Iowa DOT Grant Project Number CS-TSF- 8155(745)--85-07, and authorizing the Mayor to execute said document. City Council Meeting: 3/2/2020 Prepared: 2/24/2020 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 2/25/2020 - 4:38 PM ATTACHMENTS: Description Type ❑ Dubuque & Osage Cover Memo SUBJECT: Resolution approving Completion of Project and Acceptance of Work for work performed by K & W Electric, Inc., of Cedar Falls, Iowa, and release of retainage in the amount of $10,000, in conjunction with the Dubuque/Osage Road Traffic Safety Improvements Project, Iowa DOT Grant Project Number CS-TSF-8155(745)--85-07, and authorizing the Mayor to execute said document. Submitted by: Submitted By: Mohammad Elahi, Traffic Engineer Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Approve Resolution The project to install fully actuated traffic signals and railroad preemption for track clearance has been completed. 5% Retainage to be released is $10,000 [Construction Contract was $180,000 fully paid for by Iowa DOT grant and a change order to connect to the railroad bungalow was $20,000 paid for by GO bond.] $9,000 Iowa DOT Safety Grant $1,000 City GO Bond Goal 2 - Strategy 2.2 - Enlist all City departments and staff members to promote a safer community This project was developed to reduce crashes at the intersection. Page 49 of 170 Form 640003 03-04 wd COMPANY: ADDRESS: KIND OF WORK: iIOWADOT CERTIFICATE of COMPLETION and FINAL ACCEPTANCE of AGREEMENT WORK COUNTY/CITY: PROJECT NO.: AGREEMENT DATE: FIELD COMPLETION DATE: This is to certify that the work covered by the above referenced agreement has been completed in accordance with said agreement and is hereby accepted, subject to final audit of costs. SIGNATURE: *SIGNATURE: DATE: DATE: District (Construction) (Maintenance) (Local Systems) Engineer Year (Consultant) Year Approved and work accepted by the Board of Supervisors/City Council of this day of Year SIGNATURE: Chairman/Mayor Acknowledge completion of project in accordance with referenced agreement by the Iowa Department of Transportation this day of Year SIGNATURE: Iowa Department of Transportation *On Local State Assisted Projects District does NOT certify but acknowledges completion of project. DO NOT WRITE IN THIS BOX. CENTRAL OFFICE USE ONLY. (Check or Initial Appropriate Box) Office of Audits Copies to District Copy to Company Original to Files Project Engineer (Res. Construction) (Area Engineer) (County) (City) 01 /31 /18 Apperlage510 of 170 CITY OF WATERLOO Council Communication Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of one (1) 2019 Ford Transit 250 Van, in the amount of $29,500, from Auto Mart Corporation of Cedar Rapids, Iowa. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Public Works Department Even, LeAnn Approved 2/26/2020 - 2:37 PM SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Resolution authorizing an exception to the City of Waterloo's Purchasing Procedures Policy, to approve the purchase of one (1) 2019 Ford Transit 250 Van, in the amount of $29,500, from Auto Mart Corporation of Cedar Rapids, Iowa. Submitted By: Randy Bennett, Public Works Division Manager Approve Resolution This van is to replace the Building Maintenance Department 2017 van that was totaled in a crash. $29,495.00 Insurance reimbursement payment and GO Bond Funding Strategy 3.4 and 3.5 - Identify and implement proven cost and resource saving measures and continue to engage with local public partners to identify cost savings, streamline efforts and improve efficienty in City operations an activities. Page 51 of 170 CITY OF WATERLOO Council Communication Resolution approving contract, bonds and certificate of insurance with Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $16,587,300, in conjunction with the Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and authorizing the Mayor to execute said documents. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Waste Management bowman, brian Approved 2/26/2020 - 9:50 AM Clerk Office Even, LeAnn Approved 2/26/2020 - 2:31 PM ATTACHMENTS: Description Type ❑ Contract Backup Material ❑ Bonds Backup Material ❑ Certificate of Insurance Backup Material SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Resolution approving contract, bonds and certificate of insurance with Woodruff Construction, LLC, of Waterloo, Iowa, in the amount of $16,587,300, in conjunction with the Wastewater Treatment Plant Biosolids Modifications, Contract No. 994, and authorizing the Mayor to execute said documents. Submitted By: Brian Bowman, Treatment Operations Supervisor Approve recommendation of approval of contract of Woodruff Construction of Waterloo, IA in the amount of $ 16,587,300.00 $16,587,300.00 Sewer Funds/SRF Page 52 of 170 FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2020 WASTEWATER TREATMENT PLANT BIOSOLIDS MODIFICATIONS CITY OF WATERLOO, IOWA CITY CONTRACT NO. 994 � err ,�] This contract made and entered into this day of%u i' CA , 2V1) , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Woodruff Construction, LLC of Waterloo, Iowa , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 Contractor agrees to build and construct the F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications, City Contract No. 994, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and instal[ said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed," be substantially complete within 670 calendar days after the date when the Contract Time commences to run, and be complete and ready for final payment within 730 calendar days after the date when the Contract Time commences, unless an extension of time is granted in writing by the Council of the City. FORM OF CONTRACT Section C-1 4463.004/City Contract No. 994 Page 53 of 170 PAR. 6 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor, The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage. ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract, PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. FORM OF CONTRACT Section C-2 4463.004/City Contract No. 994 Page 54 of 170 PAR. 14 PAR. 15 PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $16,587,300.00. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is riot divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. FORM OF CONTRACT Section C-3 4463.004/City Contract No. 994 Page 55 of 170 PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. BY: Title: CITY OF WATERLOO, IOWA Mayor Approved by the City Council of the City of Waterloo, Iowa, this day of , 20_. ATTEST: City Clerk Waterloo, Iowa END OF SECTION FORM OF CONTRACT Section C-4 4463.004/City Contract No. 994 Page 56 of 170 Bond No.: 54229249 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Woodruff Construction, LLC of Fort Dodge, Iowa (the "Principal"), and United Fire & Casualty Company of Cedar Rapids. Iowa (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Sixteen Million Five Hundred Eighty Seven Thousand Three Hundred and 001100 Dollars ($ 16,587,300.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about March 2, 2020 for the purpose of F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications, City Contract No. 994. The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" - means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, Tess the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PERFORMANCE BOND Section PFB-1 4463.004/City Contract No. 994 Page 57 of 170 If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as Of March 2, 2020 PRINCIPAL LL Name By: D•nd A. Woodruff Title: President SURETY United Fire & Casualty Comaany Name By: Title: Dione R. Young, Attorney -in -Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. END OF SECTION PERFORMANCE BOND Section PFB-2 4463.004/City Contract No. 994 Page 58 of 170 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Woodruff Construction, LLC 1890 Kountry Lane, Fort Dodge, IA 50501 (Name of Contractor) (Address of Contractor) Bond No.: 54229249 a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, United Fire & Casualty Company P.D. Box 73909, Cedar Rapids, IA 52407-3909 (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo. Iowa 715 Mulberry Street, Waterloo, !A 50703 (Name of Owner) (Address of Owner) Sixteen Million Five Hundred Eighty Seven Thousand Three Hundred and 001100 hereinafter called OWNER, in the penal sum of A Dollars, ($ 16,587,300.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the end day of March 20 20 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2020 Wastewater Treatment Plant Biosolids Modifications City of Waterloo, IA City Contract No. 994 PAYMENT BOND Section PB-1 4463.004/City Contract No. 994 Page 59 of 170 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs an machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Five(5) counterparts, each one of (number) which shall be deemed an original, this the end day of March 20 20 ATTEST: Le.. �� (Principal (SEAL) N/A Woodruff Construction, LLC Principal By (E0 Dona oodruff, President 1890 Kountry Lane (Address) Witness as to Principal Christi Carlson 1890 Kountry Lane, Fort Dodge, IA 50501 (Address) Fort Dodge, IA 50501 United Fire & Casualty Company Surety PAYMENT BOND Section PB-2 4463.004/City Contract No. 994 Page 60 of 170 ATTEST: Witness as to Sur t Stacy Venn P.O. Box 73909, Cedar Rapids, IA 52407-3909 (Address) By Diane R. Young, Attorney. P.O. Box 73909 (Address) Cedar Rapids, EA 52407-3909 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. PAYMENT BOND END OF SECTION Section PB-3 4463.004/City Contract No. 994 Page 61 of 170 ufg UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA CERTIFIED COPY OF POWER OF ATTORNEY (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint CRAIG E. HANSEN, JAY D. FREIERMUTH, BRIAN M. DEIMERLY, CINDY BENNETT, ANNE CROWNER, TIM MCCULLOH, STACY VENN, SHIRLEY BARTENHAGEN, DIONE R. YOUNG, KEVIN J. KNUTSON, MICHELLE GRUIS, KATHLEEN BREWER, SETH D. ROOKER, SYDNEY BURNETT, EACH INDIVIDUALLY Inquiries: Surety Department 118 Second Ave SE Cedar Rapids, IA 52401 their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertakings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney -in -tact. elll,mra IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its 4°. '�. ' G\"� yNSUq vice president and its corporate seal to be hereto affixed this I Soh day of January, 2014 rnennneT� 1<.5 ro 4n y 'c, l'+ F` c j1SLY2. gyp'. `C]! is- /a69 ,1 I+�l11llHpl\ UNITED FIRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCEfJCOMPANY By: R.,...+,.._ ` ur.Y,.r ,„ State of Iowa, County of Linn, ss: Vice President On 151h day ofJanuary,2014, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. 4,46 Judith A. Jones Iowa Notarial Sea] Commission number 173041 My Commission Expires 04/23/2021 Notary Public My commission expires: 04/23/2021 I, Mary A. Bertsch, Assistant Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of UNITED FIRE & INDEMNITY COMPANY, and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations this 2nd day of March , 2020 0011n,rry e.,'/'��i CORFORAT$ �Tyy'y M1 SEAL i BPOA0049 0913 a QeC,�:i"�pFPOq, r?p�c, S 14 : " �lSL1' 24 0 U; 1998b` %04C7FOF*F./. .: By: Assistant Secretary, UF&C & 1 }P86IFF)Z of 170 A�� �r CERTIFICATE OF LIABILITY INSURANCE 02/25/2020 Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED _ REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-247-7756 Holmes Murphy & Assoc - WDM PO Box 9207 Des Moines, IA 50306-9207 CCOONNTACT PHONE FAX (AiC, No. Eatl: lA C, No): ADMDRESS' INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A: IINITED FIRE S CAS CO 13021 INSURED Woodruff Construction LLC 1890 Rountry Lane Ft. Dodge , IA_50501 INSURERB:TRAVELERS PROP CAS CO OF AMER 25674 INSURERC: A E2IsURE PARTNERS INS CO, 11050 INSURER D:XL SPECIALTY INS CO 37885 INSUR6RE: ATLANTIC SPECIALTY INS CO 27154 INSURERF: CERTIFICATE NUMBER: 58582450 • THIS IS TO CERTIFY THAT THE' OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME)' ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR TYPE OF INSURANCE AODL INSD SUER WWI POLICY NUMBER POLICY EFF fMMIDOIYYYY) POLICY EXP tMMlDDNYYYl miffs A X COMMERCIALGENERAL,;LIABILITY - 60373583 07/01/19 07/01/20 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE n OCCUR TO RENTED PREMISES tEe octurrencel $ 300DAMAGE -,009 X Includes XCU• MED EXP (Any one person) $ 10, 000 X Contractual Liability PERSONAL AADVINJURY $ 1,000,000 GE_ AGGREGATE { POUCY OTHER: UMITAPPLIES E ECT f PER: LOC GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMPfOPAGG $ 2,000,000 .. $ A AUTOMOBILEUABILSTY X x ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY r— X — - SCHEDULED AUTOS NON -OWNED AUTOS ONLY 60373583 07/01/19 07/01/20 Be tSINGLEUMIT - - $ 1,000,'OD0'f BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPER)'YDAMAGE iPer oodt nhI $ $ B X UMBRELLALLAB EXCESS LIAR x, OCCUR CLAIMS -MADE 2IIP10T3996219NF 07/01/19 07/01/20 EACHOCCURREKE $ 20,000;000 AGGREGATE S 20, 000, 000 DEO % RETENTION 10,000 $ C •RWIE AND EMPLOYERS' tIWORKERS ABILnY ANYPROPRIETORIPARTNERJEXECUTIVE nYIN OFFICERIMEMSEREXCLUDED? I I (Mandatary In NH) If yyccs, describe under OESCRIPTi0N OF OPERATIONS below NIA WC20930340405 07/01/19 07/01/20 . EBATION ER E t., EACH ACCIDENT , $ 1, 000, 000 EL DISEASE -EA EMPLOYEE $ 1, 000' , 000 EL D 8EASE -POLICY LIMIT $ 1, 000 , 000 D D D Instailat_ion Floater Builders Risk-Rptd'Sk ded . Builders Risk-Rptd 5k dad,-' VM00077810M1119A UM00077810MA19A UM00077810MA19A 07/01/19 07/01/19 .07/01/19 07/01/20 07/01/20 07/D1/20 $5,000,Deductible Site/Bldg Frame Site/Bldg .7M 1,000,Doe '2,500,000 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101', Additional Remarks Schedule, may be attached Itmore space is required) . RE: 2020 Wastewater Treatment Plant Bio solids Modifications City of Waterloo and Strand Associates, Inc. are added as additional insured on the general liability and auto when required by written contract. Waiver of Subrogation in favor of City of Waterloo on the general liability, auto, and work comp when required by written contract. E HOLDER CANCELLATION City of Waterloo 715 Mulberry St Waterloo, IA 50701 ACORD 25 (2016/03) dburrowswdsm 58582450 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 63 of 170 POLICY NUMBER: 60373583 COMMERCIAL GENERAL LIABILITY CG 20 10:Ot 04 THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ,IT CAREFULLY. ADDITIONAL INSURED OWNERS,, LESSEES 'OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided .under the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional: Insured Person(s) : ; Or Qrganization(s): Location(s) Of CoveredOperations CITY _ OI,TATERLQQ. AND S.TRAN.D _ASSQCI'ATE:S LLC 715:''3NUL.BERR•Y . ST• WATT-RL 0O IA 5Q7Q.•1; PROJECT: 2=020 • WASTEWATER TREATMENT PLANT BIOSOLIDS' MODIFICATIONS Information requiireriti*1 iNete.:this:Schedule, if not shown above, will bA shown:hi the Deciaratibris:" - Section 11 — Who Is -An Insured Is amended to ;jpclude as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for;."bodlly injury", "property damage or.` "personal and advertising injury" caused; in whole or part, by: . ;Your ads or omissions; or The. acts or -omissions of those acting on your ,behalf; in_the'performance of, your ongoing operations for the additional insured(s) at- -the- location(s) designated above. CG 20100704 PREMIUM 150 B. With respect. to the insurance .afforded to these addtional insureds, the failowind' 'additional exclusions apply:. • - This ,insurance does not apply to "bodily. injury" :or "property damage" occurringafter: 1. All work, including materials, parts or equipment _furnished „in._connection_v'th;Such:wofkion the '•' project':.(oter than services'-rn intenance r_or - -,-, - repairs) to be performed by or on-.behalf•of the additional insured(s) at .the, .location :.of- the covered operations has been completed;. or 2. 'That portion of "your work" out' of which the injury or damage arises has been put to its intended use by, any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as apart of the same project. © ISO Properties, Inc., 2004 Page 1 of 1 Page 64 of 170 POLICY NUMBER: 60373583 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS = COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed-Opeiations:' CITY OF WATERLOO AND STRAND ASSOCIATES LLC 715 MULBERRY ST WATERLOO IA 50701 PROJECT: 2020 WASTEWATER, TREATMENT PLANT BIO.S_.OLIDS MODIFICATIONS Information required to complete this Schedule, if not shown. above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the -Schedule, -but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in,part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Page 65 of 170 COMMERCIAL AUTO CA.71 09 01 17 THIS ENDORSEMENT., CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS; AUTO ULTRA ENDORSEMENT, This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMON POLICY CONDITIONS COVERAGE INDEX DI=S.CF IPTION ,. ; PAGE Temporary Substitute Auto Physical Damage ---2 Broad Form Insured 2 Employee as Insureds 2 Additional Insured'+Gtatus by Contract,: Agreernent. or Permit - . . 2.: Bail Bond -Cavetage- 3 - • Loss of Earnings Coverage S Amended Fellow Employee Coverage 3 Towing and Labor 3 Physical Damage Additional Transportation Expense Coverage _ - 3 Extra Expense - Theft- ____,_ . - - .. ____ __. _.. _.. 3.._.._- Rental Relmbursemr M . lid Additional Transportation Ekpense Y...-_ _ . _.-. `= i. Personal Effects Coverage 4 Personal Property of Others t�r��:*!ot <�; «_>,;,,,, K: r? Itt.:�fi.� it 1 a, .,.� Locksmith Coverage •y t,; �:. 4 , Vehicle Wrap Coverage .. . -.11_.i.. ,3{f,r, t: ,00ii; 5: ..:,s Airbag Accidental Discharge " : f '''�' „'" :: ''` `t'g'= Audio, Visual and Data Electronic Equipment Coverage ::i; r.t -,4._ 5 ..- Auto Loan/Lease Total Loss Protection sa_,,iFi ,srs?) sx,i... L•.: ;.Q;,:ar`;:o:_s z;s.. -Glass -Repair =-Deductible- -Amendment — — 5 Amended Duties in the Event of Accident, Claim, Suit or Loss 6 Waiver of Subrogation Required by Contract 6 Unintentional Failure to Disclose 6 Hired, Leased, Rented or Borrowed Auto Physical Damage 6 Mental Anguish 7 Extended Cancellation Condition 7 The COVERAGE INDEX sot forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 Page 66 of 170 (Temporary Substitute Auto Physical Damage) A. TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE SECTION I — COVERED AUTOS, paragraph C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos is amended by adding the following at the end of the existing language: If Physical Damage Coverage is provided under this Coverage form for an "auto" you own, the Physical Damage coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of its breakdown, repair, servicing, "loss", or destruction B. BROADENED LIABILITY COVERAGES SECTION II — LIABILITY COVERAGE in Paragraph A. Coverage at 1. Who Is An Insured is amended to include the following: (Broad Form Insured) d. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. e. Any organization that is acquired or formed by you, during the term of this policy and over which you maintainmajority ownership. However, the Named Insured does not include any newly formed or acquired organization: (1) That is a joint venture or partnership, (2) That is an "insured" under any other policy, (3) That has exhausted its Limits of Insurance under any other policy, or (4) 180 days or moreafter its acquisition or formation by you, unless. you hauo, given us notice of the acquisition or formation Coverage does not apply to "bodily injury" or "property damage" that results from an accident that occurred before you formed or acquired the organization. -` << (Employee as Insureds) f. Any employee of yours while acting in the course of your business or your personal affairs- while using' a covered "auto" you do not own, hire or borrow. (Additional Insured Status by Contract, Agreement or Permit) g. Any person or organization whom You are 'required 'to add as an 'additional insuredon this policy under a written contract or agreement;' but the Written contract or'agreement 'must be: (1) Currently in effect or becoming effective during the -term of this policy; and (2) Executed prior to the "bodily injury" or "property damage`:" The additional insured status will apply '.only .with respect tb your: liability for "bodily. injury :ors "property damage" which may be imputed to that person(s) or organization(s) directly arising, put of,the .ownership, maintenance or use of the covered "autos" at the location(s) designated, if any. Coverage provided by this endorsement will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section II. C. Limits of Insurance. For any covered "auto" you own this Coverage Form provides primary coverage. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Page 67 of 170 C. BROADENED SUPPLEMENTARY PAYMENTS SECTION II. LIABILITY A. Coverage 2. Coverage Extensions a. Supplementary Payments (2) and (4) are replaced by the following: (Bail Bond Coverage) (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. n Ace "Earning$ Coverage) (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earning up to $$Q0 a day because of time off from work. (Amended Fellow Employee Exclusion) D. AMENDED FELLOW EMPLOYEE' EXCLUSION Only with respect to your "employees" who occupy positions which are supervisory in nature, SECTION II. LIABILITY B. Exclusion 5. Fellow Employee is replaced by: 5 Felkeit'Emptoyse, In iJ J ry" a. To you, or your partners or members (if you are a partnership or joint venture). or to _your members (if you are a limited liability company); b.; To your. "executive officers" and directors (if you are an organization' , other, than a partnership, joint venture, or limited liability company) but only with respect to performance of their duties as your officers or directors; c. For which there is an obligation to share damages with or, repay someone ,else who ,,must,: pay damages because of the injury described in paragraph a and b above; or d. Arising out of his or her providing or failing to provide professional health care services. For purpos of this endorsement, a position is deemed to be supervisory in nature If that prsfl performs prindpie w which is'iubstantiaily different from that of his'•or her subordinates and has authority to hire, transfer, direct, discipline or discharge: hers a'�ts f, S!1 :; ;�° .1 '''aiC ! +1i4};:..��' � 't1Ci�<; iGi4 E. BROADENED PHYSICAL DAMAGE i.vVERAGES ; _ ;ci, _:i;,,:,' „_ �,,,�„ _,y SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage is amended as follows: (rowing and Labor) 2. Towing is deleted and replaced with the following: 2. Towing and Labor r,•Vye.€wfll,pay,towin0 and, labor Rri t incurred,.,up(to the.liimits shown below. each time a covered• "auto" iia disabled: a. For private passenger ,typevehicies:;wewill;•pay,up.to, $:100,per,dlsablement,,, ,. „.:. b. For all other covered1"autda"-.we.wilt pay, .up4o!$5Q0•per,.pisablernent ,, ),, ;, �, .;,; ::.- •;, However, the labor must be performed at the,place ofgiisablement, ; ,:,;;, y ;_,,,. .;-; (Physical,'DamageEAdditiohal-:Transportation .ExpenseCoverage),ry::;: a:. Coves a Extensions _} ,, t; ...,:i , g -•;. if.'. a. Transportation Expenses is amended to' provide the followinglimlts: We will pay up to $60, per day to a maximum of $1,800- ;Alt other terms and provisions -of thiS section remain applicable. ,"= The following language is added to 4. Coverage Extensions: (Extra Expense — Theft) c. Theft Recovery Expense If you have purchased Comprehensive Coverage on an "auto" that is stolen, we will pay the expense of returning that stolen auto to you. The limit for this coverage extension is $5,000. CA'71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 Page 68 of 170 (Rental Reimbursement and Additional Transportation Expense) d. Rental Reimbursement We will provide Rental Reimbursement and Additional Expense coverage only for those Physical Damage coverages for which a premium is shown in the Declarations or schedule pages. Coverage applies only to a covered "auto". (1) We will pay for auto rental expense and the expense incurred by you because of "loss" to remove and transfer your materials and equipment from a covered "auto" to a covered "auto." Payment applies in addition to the otherwise applicable coverage you have on a covered "auto." No deductible applies to this coverage. (2) We will pay only for expenses incurred during the policy period and beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto." If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and retum it to you, or (b) 30 days: Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or (b) $75 per day. (c) This coverage does not apply while there are spare or reserve "autos" available to you for your operations. (d) If "loss" results from the total theft of a covered "auto" of the private passenger or light thick type, we Will pay under this coverage only that amount of your' rental reimbursement- expefise which is not already provided for under the SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions,: a. Transportation Expenses. (Personal Effects Coverage) e. Personal Effects (3) If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $500 for Personal Effects stolen with the'auto". The insurance provided under this provision is'excess over any' other collectible -klsUrance. For this coverage extension; Personal Effects means tangible property that is worn or carried by:an ,insured".., (Personal Property of Others) f:' ! Personal Property of Others We will pay up to $500 for loss to personal property of others in or on your'covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning; explosion,' theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. (Locksmith Coverage) g. Locksmith Coverage We will pay up to $250 per occurrence for necessary locksmithservices for keys locked inside a covered private passenger "auto". The deductible is waived for these services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Page 69 of 170 (Vehicle Wrap Coverage) h. Vehicle Wrap Coverage If you have 'comprehensive or Collision coverage on an "auto" that is a total Toss, in addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total Toss. Regardless of the number of autos deemed a total loss; the most we will pay under this Vehicle Wrap Coverage for any one "loss" is $5,000., For purposes of this coverage, provision, signs or other, graphics, painted or magnetically affixed, to the vehicle are not considered vehicle wraps. (Airbag Accidental Discharge)' F. SECTION -III — PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended at 3. to include the following language::. If you have purchased, Comprehensive or Collision Coverage under this policy, this exclusion does not apply to mechanical breakdown relating to the accidental discharge of•an air bag. This coverage applies only to a covered auto you own and Is excess of any other collectible insurance or warranty. No deductible applies to this coverage. G. BROADENED LIMITS OF INSURANCE (Audio, Visual and Data Electronic Equipment Coverage) , SECTION III — PHYSICAL DAMAGE COVERAGE — C. Limit.. of, -Insurance at 1,b. is amended to, provide the following limits: b. ,Limits of $1.,000 per,"loss" is increased to $5,t00,. pe0r,"loss"."All . other ,terms and provisions} of this section remain applicable. „ .; (Argo, Loan,Lease ;Total ;[.ass. Protection) SECTION: 111 - PHYSICAL DAMAGE 'COVERAGE, -, C. ;Lunt of inag.rance; is, amended,,,) At !Adding the following language, - - 4. In the event of a total "loss" to a covered=`" "s ghoWn4;in •the:iSchedule•-peas+ subject»attithe:time of the "loss" to a loan or lease, we will pay any ,unpaid amount due including up to a. maximum of $500 far early, termhati n ees or penalties on the lease or loan for a covered"auto" less: b : Ariy: _ r; • :. .... -.(1). ��ve.r4i e: l.e se/, iQan;P.ay ents, t• the< in1e,;o■■ yy�e: " f., t �._ .�- .ti. rn .. .a. fie. i�,.H �. €Q$$ ,. if,; i.. �,..,�, .. r:'!;: ;'r7 (2) Finar vial- -penalties' imp' osedz under a lease for<excessive 'use,- •abnormal:v+iear;and aear4or.:higlt :mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident; or, Disability.; Insurance, purchased with the taap,or I ase; and, :3i ..;� •' r,: (5y Carry=over balances from previous _loarts-.or leases.; • (Glass Repair— Deductible Amendment) •f:....... -_ H. GLASS REPAIR — DEDUCTIBLE SECTION III — PHYSICAL DAMAGE COVERAGE — D. Deductible is amended by adding the following: Any deductible shown in the Declarations as applicable to the covered "auto" will not apply to glass breakage if the .'derriaged glass is repaired, rather then replaced. a. The amountpaid under the Physical Damage Coverage Section of the policy; ... .. , y 9 g P cy; and'',: CA 71 09 01 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 Page 70 of 170 (Amended Duties in the Event of Accident, Claim, Suit or Loss) I. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Under SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions , the following is added to paragraph 2. Duties In The Event of Accident, Suit or Loss: d. Knowledge of any "accident", "claim", "suit" or "loss" will be deemed knowledge by you when notice of such "accident", "claim", "suit" or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; (4) Your members, managers or insurance manager, if you are a limited liability company; or (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization. (Waiver of Subrogation by Contract) J. WAIVER OF SUBROGATION REQUIRED BY CONTRACT Under SECTION ' IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer of Rights of Recovery Against Others to Us the following language is added: However, we waive any rights of recovery we may have against the person or organization with. whom ,you have agreed in writing in a contract, agreement or permit, to provide Insurance .such as Is afforded. under ,the policy to which this endorsement is attached. This provision does not apply unless the written contract or written agreement has been executed, or permit has been issued, prior to the "bodily injury" or "property damage? • (Unintentional Failure to Disclose) K. UNINTENTIONAL FAILURE TO DISCLOSE Under SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions , the following is added to 2. Concealment, Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to disclose, any material fact existing at the effective date of this Coverage Form, or during the policy period in connection with any additional hazards, will not prejudice your rights under this Coverage Form. (Hired, Leased, Rented or Borrowed Auto Physical Damage) L. HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE Under SECTION IV — BUSINESS AUTO CONDITIONS B. General Conditions 5. Other Insurance Paragraph 5.b. is replaced by the following: b. (1) For "Comprehensive" and "Collision" Auto Physical Damage coverage provided by this endorsement, the following are deemed to be covered "autos" you own: (a) Any Covered "auto" you lease, hire, rent or borrow; and (b) Any Covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" (2) Limit of Insurance For This Section The most we will pay for any one "loss" is the lesser of the following: (a) $75,000 per accident, or (b) actual cash value at the time of loss, or (c) cost of repair. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CA 71 09 01 17 Page 71 of 170 (3) (4) Minus a $500 deductible. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a,totel. loss. No deductible applies to "loss", caused by fire or lightning. This Hired Auto Physical Damage coverage is excess over any other collectible insurance. Definitions For This Section (a) Comprehensive Coverage: from any cause except the covered "auto's" collision with another object or the covered "auto's" overturn. We will pay glass breakage, "loss" caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. (b) Collision Coverage: caused by the covered "auto's" collision with another object or by the covered "auto's" overturn. (Mental Anguish) M. MENTAL ANGUISH Under SECTION V — DEFINITIONS, C. is replaced by the following:,, C. "Bodily3,injury",;means-, bodily .„injury, :sickness,or Iisease sustained ,by a person .iiclucling.,mental anguishor, death resulting from bodily injury, sickness, or disease. (Extended Cancellation Condition) ` ` N. EXTENDED CANCELLATION CONDITION Under CANCELLATION, of the- POLICY -,CONDITIONS .form, itc# 2 b.IS replaced by,the ici,11 irig: b.- 60 days before the effective date of cancellation if we cancel for any other reason., „ CA71090117 • -)1. .. c �:... 1 : :, i .;. • •S iti rN+s; ' r"Y.r.- TFS!' ^?TrR"" Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 Page 72 of 170 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule "Any person or organization required by written contract or certificate of insurance." "This endorsement is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas and Utah." This endorsement is not applicable in Wisconsin. "This endorsement does not apply to policies in Missouri where the employer is in the construction group of code classifications. According to Section 287.150(6) of the Missouri Statues, a contractual provision purporting to waive subrogation rights is against public policy and void where one party to the contract is an employer in the construction group of code classifications." This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. Hart Forms & Services ragreo o0170 71 1.0P.:74iijoiltr;-;- :nih:� nin._*.irJ .. ::4..!L: •, y}o +•. r:.,• +0.+4;4 r :i. •r! +�.-+•+_. Page 74 of 170 CG 72 01 07 17 EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Extended Property Damage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non -owned watercraft is extended to 51 feet in length * Property Damage - Borrowed Equipment * Property Damage Liability - Elevators * Coverage D - Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate * Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible * Coverage F - Electronic Data Liability Coverage - $50,000 * Coverage G - Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible * Coverage H - Water Damage Legal Liability - $25,000 * Coverage I - Designated Operations Covered by a Consolidated (Wrap -Up) Insurance Program - Limited Coverage * Increase in Supplementary Payments: Bail Bonds to $1,000 * Increase in Supplementary Payments: Loss of Earnings to $500 * For newly formed or acquired organizations - extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You — Including Upstream Parties * Contractors Blanket Additional Insured - Products - Completed Operations Coverage — Including Upstream Parties * Automatic Additional Insured - Vendors * Automatic Additional Insured- Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured - Managers or Lessor of Premises * Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured - State or Govemmental Agency or Subdivision or Political Subdivision - Permits or Authorizations * Additional Insured - Consolidated Insurance Program (Wrap -Up) Off -Premises Operations Only - Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You * Additional Insured - Employee Injury to Another Employee * Automatically included - Aggregate Limits of Insurance (per location) * Automatically included - Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence", "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee * Blanket Waiver of Subrogation * Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. * "Insured Contract" redefined for Limited Railroad Contractual Liability * Mobile equipment to include snow removal, road maintenance and street cleaning equipment Tess than 1,000 lbs GVW * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 13 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 13 Page 75 of 170 CG 72 01 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made at COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury is replaced with the following: "Bodily injury" or "property damage" expected or intended from the standpoint,of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily ,occupied- by you with permission of the owner. A separate limit of insurance applies to this coverage ,as described in SECTION III - LIMITS OF INSURANCE . 3. Non -Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following: (a) Less than 51 feet long; 4. -Property--Damage—Borrowed-Equipment At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property': This'eXclusion does riot apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one piece of borrowed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis: 5. Property Damage Liability — Elevators, At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property : This exclusion does not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (Including deductibley available to the insured, whether primary, excess, .contingent or on any other basis.B. The following coverages are added: 1. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of "your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: j. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 13 Page 76 of 170 CG 72 01 07 17 (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 2. COVERAGE E - CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4) of exclusion j. does not apply. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 3. COVERAGE F - ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: P• Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury". b. "Property damage" means: (1) Physical injury to tangible property, including all resulting Toss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical ihjury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage , "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION I11 - LIMITS OF INSURANCE 4. COVERAGE G - PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 13 Page 77 of 170 CG72010717 b. Exclusions This insurance does not apply to "product recall expense" arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that wouldhave resulted in a "product recall". (2) Deterioration, decomposition or transformation of a chemical. nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of "your product". (3) The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or omissions of any of f your employees, - done with prior knowledge of any of your officers or directors. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. "Bodily injury" or "property damage". Failure of "your product"' to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. (9) Legal fees or expenses. (10) Damages claimed- for any loss;- cost or- expense incurred by 'you, orrothers for -the loss of use of "your product". (11) "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. (12) Any "product recall" initiated due to the expiration of the designated shelf life of "your product". 5. COVERAGE H - WATER DAMAGE LEGAL LIABILITY The. Insurance provided under Coverage, H (Section 1) applies to "property damage": arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is, limited as described below in SECTION III - LIMITS OF INSURANCE 6. COVERAGE I - DESIGNATED OPERATIONS COVERED BY A,CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY : r. This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations or operations included within the- "products -completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a "consolidated (Wrap-up) insurance program": a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non -renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated (wrap-up) insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. (5) (6) (7) CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 13 Page 78 of 170 CG 72 01 07 17 C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION 1i WHO IS AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following : a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured - Owners, Lessees or Contractors -Automatic Status When Required in Construction or Service Agreement With You — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for, the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 13 Page 79 of 170 CG 72 01 07 17 c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the, "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in, connection with such work, on the project (other than service, maintenance or repairs) to be,performed, by oron behalf of the additional insured(s) at the location of the covered operations has been completed; or • £, b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractorengaged in performing operations for a principal as a part of the same project. 6. Additional Insured — Products Completed Operation's Coverage — Including: Upstream Parties. a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in,Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability' for "bodily injury", "property damage" or "personal and advertising' injury" which may be imputed to that person or organization directly arising out of "your work" specified in the "written contract" and included in the "products -completed operations hazard". However: (1) The' insurance afforded tt5 such additional' insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement o provide ivr such adaitiona --insured. Such coverage- will not apply subsequent to the first to occur of the following: i. The expiration of the period of time required by the "written contract"; or ii. ,The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work". c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. (3) CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 13 Page 80 of 170 CG 72 01 07 17 7. Additional Insured - Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub -paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (f) (g) CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 13 Page 81 of 170 CG 72 01 07 17 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured — Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability arising out, of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such.additional insured. 10. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured a. Any architects, engineers or surveyors who are not engaged 'by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer, or surveyor arising out of: (1) Your acts or omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing. operations performed by you or on your behalf. But only if such architects, engineers, or, surveyors, while not engaged by you, are contractually required to be added as an ,additional insured to your policy. However, the -insurance afforded„to such additional. insured: _ (1.) Only applies to the extent permitted by law; and (2)- Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to '"bodily injury",' "propetty damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, including: —(1) The preparing -approving,- or failing to prepare -or --approve, maps; drawings, --opinions,- reports,- surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 13 Page 82 of 170 CG 72 01 07 17 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap -Up) Off -Premises Operations Only - Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection 13. Additional Insured - Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION 11 — WHO IS AN INSURED is amended to read: a. "Bodily injury" or "personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); (2) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or (3) Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. For the purpose of this Item 13 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. b. Medical expenses under Coverage C; Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 13 Page 83 of 170 CG 72 01 07 17 c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while''rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting frorn such fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added : 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is the most we will pay, under Coverage H for Water, Damage Legal Liability. 9. Coverage G - Product Recall Expense Aggregate Limit $50,000 Each Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, 'subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall" you initiate during the endorsement period. We will only pay for the amount of "product recall expenses" which are in excess of the deductible amount. The deductible applies separately to each "product. recall". The limits' of insurance .will not be reduced by the amount of this deductible. We may,, or will if required. by -law, pay all or any part of any deductible amount Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we,paid, 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately.to each of your "locations" . owned.. by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to- each of your projects away from premises owned by or rented to you. 12 With respects to_theinslirar _afforded.Ladd:itionaI.. insureds afforded coverage by items 5through _'f3 of SECTION II — WHO IS AN INSURED above, the following is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III — LIMITS OF INSURANCE , a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D - Voluntary Property Damage Coverage . For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 13 Page 84 of 170 CG 72 01 07 17 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE , a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 15. Subject to 5. of SECTION III — LIMITS OF INSURANCE , the most we will pay for "property damage" under Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of "occurrences". SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence" took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. (b) If a claim is made or "suit" is brought against any insured, you must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 13 Page 85 of 170 CG 72 01 07 17 B. The following are added: 10. Condition (5) of 2. "Duties in the event Occurrence, Offense, Claim or Suit" c. You or any other involved insured must: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 11. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on 'your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. 12. Liberalization If a revision to this. Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 13. Unintentional Faiiure to Disclose Ali Hazards Based on our reliance on your representations as to existing hazards, -if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not- deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional, premium or exercise our right of cancellation or non -renewal. 14. The following conditions are added inregard to Coverage G - Product Recall Expense In event of a product " recall", you must a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product' recall expense". b. Take all reasonable steps to minimize "product recall `expense". This will not increase the limits Of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. d , Permit us to inspect and obtain other information proving the loss. You roust send us a signed, sworn statement of loss containing the information we request to investigate the claim_ You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 15. Limited Railroad Contractual Liability The following conditions are applicable only to coverage 'afforded by reason of the redefining of an "insured contract" :in: the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by Railroad Protective Liability Coverage Form (CG 00 35) with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35) alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by,the redefined "insured contract" language. c. For the purposes of the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35) you, the named insured, will be deemed to be the designated contractor. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 13 Page 86 of 170 CG 72 01 07 17 SECTION V — DEFINITIONS A. At item 12. "Mobile equipment" the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 Ibs which are not designed for highway use. B. Item 3. "Bodily injury" is deleted and replaced with the following: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. Item 9. "Insured contract" c. is deleted and replaced with the following: c. Any easement or license agreement; D. Item 9. "Insured Contract" f.(1) is deleted E. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". 26. "Written Contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: a. Is currently in effect or becoming effective during the term of this policy; and b. Was executed prior to: (1) The "bodily injury" or "property damage"; or (2) The offense that caused the "personal and advertising injury", for which the additional insured seeks coverage under this coverage part. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 13 Page 87 of 170 Page 88 of 170 CG 72 01 07 17 EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Extended Property Damage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Coverage for non -owned watercraft is extended to 51 feet in length * Property Damage - Borrowed Equipment * Property Damage Liability - Elevators * Coverage D - Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate * Coverage E - Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible * Coverage F - Electronic Data Liability Coverage - $50,000 * Coverage G - Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible * Coverage H - Water Damage Legal Liability - $25,000 * Coverage I - Designated Operations Covered by a Consolidated (Wrap -Up) Insurance Program - Limited Coverage * Increase in Supplementary Payments: Bail Bonds to $1,000 * Increase in Supplementary Payments: Loss of Eamings to $500 * For newly formed or acquired organizations - extend the reporting requirement to 180 days * Broadened Named Insured * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You — Including Upstream Parties * Contractors Blanket Additional Insured - Products - Completed Operations Coverage — Including Upstream Parties * Automatic Additional Insured - Vendors * Automatic Additional Insured- Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured - Managers or Lessor of Premises * Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations * Additional Insured - Consolidated Insurance Program (Wrap -Up) Off -Premises Operations Only - Owners, Lessees or Contractors Automatic Status When Required in Construction Agreement With You * Additional Insured - Employee Injury to Another Employee * Automatically included - Aggregate Limits of Insurance (per location) * Automatically included - Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence", "claim or suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee * Blanket Waiver of Subrogation * Liberalization Condition * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. * "Insured Contract" redefined for Limited Railroad Contractual Liability * Mobile equipment to include snow removal, road maintenance and street cleaning equipment Tess than 1,000 lbs GVW * Bodily Injury Redefined REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 13 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 13 Page 89 of 170 CG 72 01 07 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I - COVERAGES A. The following changes are made at COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Extended Property Damage At 2. Exclusions exclusion a. Expected or Intended Injury, is replaced with the following: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Expanded Fire Legal Liability At 2. Exclusions the last paragraph is deleted and replaced by the following: Exclusions c. through n. do not apply to damage - by fire, explosion,lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described inSECTION III, - LIMITS OF INSURANCE . 3. Non -Owned Watercraft At 2. Exclusions exclusion g. Aircraft, Auto Or Watercraft (2) (a) is deleted and replaced by the following: (a) Less than 51 feet long; 4. Property_ Darnage-=-Borrowed- Equipment- -- -------- At 2. Exclusions the following is added to paragraph (4) of exclusion j. Damage To Property : This exclusion does riot=apply' to "property d'aniage"'to borrowed equipment While at a jobsite and while riot' being used to perform operations. The most we will pay for "property damage" to any one piece of bon -owed equipment under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible). available to the insured, whether primary, excess, contingent or on any other basis. 5. Property Damage Liability •— Elevators At 2. Exclusions the following is added to paragraphs (3), (4) and (6) of exclusion j. Damage To Property : This exclusion does not apply to "property damage" resulting from the use of elevators. However; any insurance provided for such "property damage" is excess- over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. B. The following coverages are added: 1. COVERAGE D - VOLUNTARY PROPERTY DAMAGE COVERAGE "Property damage" to property of others caused by the insured: a. While in your possession; or b. Arisingout of "your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: Exclusion j. Damage to Property is deleted and replaced by the following: j. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, iease, operate or use; CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 13 Page 90 of 170 CG 72 01 07 17 (2) Property transported by or damage caused by any "automobile", "watercraft" or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. The amount we will pay is limited as described below in SECTION III - LIMITS OF. INSURANCE For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 2. COVERAGE E - CARE, CUSTODY AND CONTROL PROPERTY DAMAGE COVERAGE For the purpose of this Care, Custody and Control Property Damage Coverage only: a. Item (4) of exclusion j. does not apply. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 3. COVERAGE F - ELECTRONIC DATA LIABILITY COVERAGE For the purposes of this Electronic Data Liability Coverage only: a. Exclusion p. of Coverage A — Bodily Injury And Property Damage Liability in Section I — Coverages is replaced by the following: 2. Exclusions This insurance does not apply to: 13- Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury". b. "Property damage" means: (1) Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or (2) Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or (3) Loss of, loss of use of, damage to, corruption of, inability to access or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this Electronic Data Liability Coverage , "electronic data" is not tangible property. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE 4. COVERAGE G - PRODUCT RECALL EXPENSE a. Insuring Agreement (1) We will pay 90% of "product recall expense" you incur as a result of a "product recall" you initiate during the coverage period. (2) We will only pay for "product recall expense" arising out of "your products" which have been physically relinquished to others. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 13 Page 91 of 170 CG 72 01 07 17 b. Exclusions This insurance does not apply to "product recall expense" arising out of: (1) Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall". (2) Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing; storage, or transportation of "your product". The withdrawal of similar products or batches- that are not defective, when a defect in another product or batch has been found. (4) Acts, errors or r omissions of any of your employees,_ done .with prior knowledge of any of your officers or directors. (5) Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. (6) "Bodily injury" or "property damage". (7) Failure of "your product" to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. (8) Loss of reputation, customer faith or approval, or any costs incurred to regain customer market, or any other consequential damages. - (9) Legal fees or expenses. -(10)- Damages claimed for any loss; cost- or expense incurredr. by you-7 or.;others for the loss of use of "your product". (11) "Product recall expense" arising from the "product recall" of any of "your products" for which coverage is excluded by endorsement. (12) Any "product recall" initiated due to the expiration of the designated shelf life of your product". (3) 5. COVERAGE H - WATER DAMAGE, LEGAL LIABILITY The.Insurance provided under .Coverage: H,(Section -1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. The amount we will pay is limited as described below in SECTION III - LIMITS OF INSURANCE 6. COVERAGE I — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: r: This insurance does . not apply to "bodily injury" or "property damage" arising_ out of either your ongoing operations or operations included within the "products -completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor/project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a "consolidated (Wrap-up) insurance program": a. Provides coverage identical to that provided by this Coverage Part; or b. Has limits adequate to cover all claims. This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non -renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated (wrap-up) insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Paae 4 of 13 Page 92 of 170 CG 72 01 07 17 C. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended: 1. To read SUPPLEMENTARY PAYMENTS 2. Bail Bonds Item 1.b. is amended as follows: b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. 3. Loss of Earnings Item 1.d. is amended as follows: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. 4. The following language is added to Item 1. However, we shall have none of the duties set forth above when this insurance applies only for Voluntary Property Damage Coverage and/or Care, Custody or Control Property Damage Coverage and we have paid the Limit of Liability or the Aggregate Limit for these coverages. SECTION II - WHO I5 AN INSURED A. The following change is made: Extended Reporting Requirements Item 3.a. is deleted and replaced by the following : a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B. The following provisions are added: 4. BROAD FORM NAMED INSURED Item 1.f. is added as follows: f. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period only if there is no other similar insurance available to that entity. However: (1) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired more than 50 percent of the voting stock; and (2) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired more than 50 percent of the voting stock. 5. Additional Insured - Owners, Lessees or Contractors -Automatic Status When Required in Construction or Service Agreement With You — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 13 Page 93 of 170 CG 72 01 07 17 c. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the ,"bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage". occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance :or repairs) to be:performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged" in performing operations for a principal as a part of the same project. 6. Additional Insured — Products Completed 'Operations Coverage — Including Upstream Parties a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and b. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph a. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" which may be imputed to that person or organization directly arising out of "your work" specified in the "written contract" and included in the "products -completed operations hazard". However: (1) The insurance afforded to such additional insureds only applies to the extent permitted by law; (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (3) Such coverage will not apply subsequent to the first to occur of the following: i. The expiration of the period of time required by the "written contract"; or ii. The expiration of any applicable statute of limitations or statute of repose with respect to claims arising out of "your work". c. With respect to the insurance afforded to any additional insured under this endorsement, the following additional exclusionary language shall apply: This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architecture, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, .field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 13 Page 94 of 170 CG 72 01 07 17 7. Additional Insured - Vendors a. Any person(s) or organization(s) (referred to throughout this additional coverage as vendor), but only with respect to "bodily injury" or "property damage", which may be imputed to that person(s) or organization(s) arising out of "your products" shown with the Schedule which are distributed or sold in the regular course of the vendor's business is an insured. However: (1) The insurance afforded to such vendor only applies to the extent permitted by law; and (2) If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. b. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) This insurance afforded the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container. (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of products. (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Sub -paragraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Lessor of Leased Equipment — Automatic Status When Required in Lease Agreement With You a. Any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to your liability for "bodily injury", "property damage" or "personal and advertising injury" directly arising out of the maintenance, operation or use of equipment leased to you, which may be imputed to such person or organization as the lessor of equipment. However, the insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. (g) CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 13 Page 95 of 170 CG 72 01 07 17 A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 9. Additional Insured — Managers or Lessors of Premises a. Any person(s) or organization(s), but only with respect to liability, arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. However: (1) The -insurance afforded to such additional insured only applies. to the extent permitted by law; and (2) If coverage provided to the additional' insured is required ` by a contract or agreement, the insurance afforded to such additional insured will not be.broader than that which you are required by the contract or agreement to provide for such .additional insured. 10. Additional Insured - Engineers; Architects or Surveyors ,Not Engaged by the Named Insured a. ,Any architects, engineers or surveyors who are not engaged by you are insureds, but only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" which may be imputed to that architect, engineer or surveyor arising, out of: (1) Your `acts or"omissions; or (2) Your acts or omissions of those acting on your behalf; in the performance of your ongoing .operations performed by you or on your behalf: But only if such architects, engineers or surveyors, while not; engaged by you,, are contractually required to be added as an additional insured to your policy. However, the insurance afforded .to such additional insured: (1) Only applies to the extent permitted by law; and (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. With respect to the insurance afforded to these additional insureds, ,the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services, Including: (1) The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. 11. Additional Insured - State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Any state or governmental agency or subdivision or political subdivision is an insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 13 Page 96 of 170 CG72010717 However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". 12. Additional Insured Consolidated Insurance Program (Wrap -Up) Off -Premises Operations Only - Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy is an insured. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection 13. Additional Insured - Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED is amended to read: a. "Bodily injury" or "personal and advertising injury" (1) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or Arising out of his or her providing or failing to provide professional healthcare services. Paragraph 3.a. is deleted. (2) (3) For the purpose of this Item 13 only, a position is deemed to be supervisory in nature if that person performs principle work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. SECTION III - LIMITS OF INSURANCE A. The following Items are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 13 Page 97 of 170 CG72010717 c. Damages under Coverage B; and d. Damages under Coverage H. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" and Coverage G. 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from such fire; explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. B. The following are added : 8. Subject to Paragraph 5. of SECTION III — LIMITS OF INSURANCE $25,000 is,:the most we will pay under Coverage H for Water Damage Legal Liability. 9. Coverage G. - Product •Recall Expense Aggregate Limit $50,000 Each .Product Recall Limit $25,000 a. The Aggregate Limit shown above is the most we will pay for the sum of all: "product recall expense" you incur as a result of all "product recalls" you initiate during.the.endorsernent period. b. The Each Product Recall Limit shown above is the' Most we will pay, subject to the Aggregate and $1,000 deductjble, for "product recall exPense" you incurfor any one "product recall" you initiate during the endorsement period. We will only pay for the amount of "product recall expenses" which are in excess of the deductible amount. The deductible applies' separately to each. "product recall": The limits 'of insurance will not be reduced by`the amount of this deductible. We may, or .will if required. by :law,, pay all .or, any part, of any deductible amount. Upon , notice of,.our payment of a deductible amount, you shallpromptlyreimburse, us for thepart of the deductible amount -we paid. 10. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately ,to each .of your "locations" owned by or rented ,to; you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies -separately to each of your projects away from premises -.owned by or rented to you. 12. With respects to the insurance afforded to additional insureds afforded coverage by items 5 through 13 of SECTION II — WHO IS AN INSURED above, the following • is added: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; b. Available under the applicable Limits of Insurance shown in the Declarations; Whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 13. Subject to 5. of SECTION III — LIMITS OF INSURANCE , a $5,000 "occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of "property damage" covered under Coverage D - Voluntary Property Damage Coverage . For the purposes of this Voluntary Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. CG 72 n1 n7 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 13 Page 98 of 170 CG 72 01 07 17 14. Subject to 5. of SECTION III — LIMITS OF INSURANCE , a $25,000 "occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Coverage E - Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one "occurrence" regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered "occurrences" during one policy period. For the purposes of this Care, Custody and Control Property Damage Coverage, our right and duty to defend ends when we have paid the Limit of Liability or the Aggregate Limit for each coverage, and we are granted discretion in making payments under this coverage. 15. Subject to 5. of SECTION III — LIMITS OF INSURANCE , the most we will pay for "property damage" under Coverage F - Electronic Data Liability Coverage for loss of "electronic data" is $50,000 without regard to the number of "occurrences". SECTION IV W COMMERCIAL GENERAL LIABILITY CONDITIONS A. The following conditions are amended: 1. Knowledge of Occurrence a. Condition 2., Items a. and b. are deleted and replaced by the following: (1) Duties In The Event Of Occurrence, Offense, Claim Or Suit (a) You must see to it that we are notified as soon aspracticable of an "occurrence" or an offense which may result in a claim. Knowledge of an "occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: i. How, when and where the "occurrence" took place; ii. The names and addresses of any injured persons and witnesses, and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. (b) If a claim is made or "suit" is brought against any insured, you must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. Knowledge of a claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. 2. Where Broad Form Named Insured is added in SECTION II — WHO IS AN INSURED of this endorsement, Condition 4. Other Insurance b. Excess Insurance (1).(a) is replaced by the following: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock, and not withstanding any other language in any other policy. This provision does not apply to a policy written to apply specifically in excess of this policy. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 13 Page 99 of 170 CG 72 01 07 17 B. The following are added: 10. Condition (5) of 2. "Duties in the event Occurrence, Offense, Claim or Suit" c. You or any other involved insured must: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. 11. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with, that person or organization, "your work", or "your products". We waive this right where youhaveagreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal and advertising injury" offense is committed. 12. Liberalization If -a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 13. Unintentional Failure to Disclose All Hazards Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy. we will not deny coverage under this Coverage Part because of such failure. However, this provision does, not affect, our right to collect ,additional .premium or exercise our right of cancellation or non -renewal. 14. The following conditions are added in regard to Coverage G - Product., Recall Expense In event of a "product recall", you must a. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall" took place and estimated "product recall 'expense". b. Take all reasonable steps to minimize "product recall expense": This will not increase the limits of insurance. c. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books an'd records. Your answers must be signed. d. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. e. Cooperate with us in the investigation or settlement of any claim. f.___Assist_ us_upon our_request,_ in. theenforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. 15. Limited Railroad Contractual Liability The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract" in the DEFINITIONS section of this endorsement: a. Railroad Protective Liability coverage provided by Railroad Protective Liability Coverage Form (CG 00 35) with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. b. Any amendment to the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35) alters the primacy of the coverage or which impairs our right to contribution will rescind any coverage afforded by the redefined "insured contract" language. c. For the purposes of the Other Insurance condition of Railroad Protective Liability Coverage Form (CG 00 35) you, the named insured, will be deemed to be the designated contractor. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 13 Page 100 of 170 CG 72 01 07 17 SECTION V — DEFINITIONS A. At item 12. "Mobile equipment" the wording at f.(1) is deleted and replaced by the following: f.(1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; except for such vehicles that have a gross vehicle weight less than 1,000 Ibs which are not designed for highway use. B. Item 3. "Bodily injury" is deleted and replaced with the following: 3. "Bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. C. Item 9. "Insured contract" c. is deleted and replaced with the following: c. Any easement or license agreement; D. Item 9. "Insured Contract" f.(1) is deleted E. The following definitions are added for this endorsement only: 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of "your product" based on the determination by you or any regulatory or governmental agency that: a. The use or consumption of "your product" has caused or will cause actual or alleged "bodily injury" or "property damage"; and b. Such determination requires you to recover possession or control of "your product" from any distributor, purchaser or user, to repair or replace "your product", but only if "your product" is unfit for use or consumption, or is hazardous as a result of: (1) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product"; or (2) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product" by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: a. Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. b. Transporting recalled products from any purchaser, distributor or user, to locations designated by you. c. Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. d. Transportation and accommodation expense incurred by your employees. e. Rental expense incurred for temporary locations used to store recalled products. f. Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. g. Transportation expenses incurred to replace recalled products. h. Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall". 26. "Written Contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: a. Is currently in effect or becoming effective during the term of this policy; and b. Was executed prior to: (1) The "bodily injury" or "property damage"; or (2) The offense that caused the "personal and advertising injury", for which the additional insured seeks coverage under this coverage part. CG 72 01 07 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 13 Page 101 of 170 Page 102 of 170 CITY OF WATERLOO Council Communication Resolution approving award of bid to Don Gardner Construction Company, of Waterloo, Iowa, in the amount of $129,360, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description ❑ Young Arena Roof Contract Documents D Bid Tab SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Action Approved Approved Type Cover Memo Cover Memo Date 2/26/2020 - 9:30 AM 2/26/2020 - 2:18 PM Resolution approving award of bid to Don Gardner Construction Company, of Waterloo, Iowa, in the amount of $129,360, and approving the contract, bonds, and certificate of insurance, in conjunction with the FY 2019 Young Arena Roof Replacement Project, Contract No. 998, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager, Leisure Services Request Council award and adopt resolution transmitting Contract, Bonds and Certificate of Insurance for Don Gardner Construction Company, Waterloo, Iowa, for FY2019 Young Arena Roof Replacement Project, Contract No. 998, and approve and authorize the Mayor to sign Contract between the City of Waterloo and Don Gardner Construction Company. This project provides for replacement of West mechanical roof and repairs and painting of west roof louvers at Young Arena. $129,360.00 G.O. Bond Funds $130,000 This project supports the City of Waterloo Strategic Plan, strategy 4.5 "Maintain City facilities that support quality of place" Page 103 of 170 onstruction 315 La Porte Rd. Waterloo, IA 50702 Phone: (319) 234-0272 Fax: (319) 234-2033 E-Mail Address: office@dongardnerconstruction.com 02/24/20 Benchmark, Inc. RE: Young Arena - Roof Replacement Job#20-200 Enclosed are the following: 3 Signed contracts 3 Performance & Payment bonds 3 Insurance certificates 1 Sub / Supplier list 1 Tax Exempt List 1 Schedule of Values Please let us know if you need anything else. Thank you, Casey Gardner, President Page 104 of 170 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For FY2019 Young Arena Roof Replacement Project, Contract No. 998 This Contract made and entered into this 2nd day of March 2020, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Don Gardner Construction Company Inc. of Waterloo, Iowa hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2019 Young Arena Roof Replacement Project, Contract No. 998 described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond d. Payment Bond f. Certificates of Insurance These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. Par, 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, CONTRACT page 1 of 2 Page 105 of 170 depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. In no event, shall Contractor be liable for any claims for loss of ad revenue. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor for the Base Bid: West Mechanical Roof Section: Sum of One Hundred and Twenty-nine Thousand, Three Hundred Sixty Dollars ($129,360.00) City of Waterloo, Iowa Quentin Hart, Mayor Kelley Felchle, City Clerk Contractor: Don Gardner Construction Company Inc. Casey Gardner, President Approved by the City Council of the City of Waterloo, Iowa, this 2nd day of March 2020 ATTEST: City Clerk CONTRACT page 2 of 2 Page 106 of 170 Init. psiA Document A312TM - 2010 Bond Number SY94237 Performance Bond CONTRACTOR: (Name, legal status and address) Don Gardner Construction Company 315 LaPorte Road Waterloo IA 50702 OWNER: (Name, legal status and address) City of Waterloo Waterloo Leisure Services Commission 715 Mulberry Street Waterloo IA 50703 CONSTRUCTION CONTRACT Date: March 2, 2020 One Hundred Twenty-nine Thousand Three Hundred Sixty & no1100ths Amount: ($129,360.00) Description: FY2019 Young Arena Roof Replacement project (Name and location) Contract No. 998 BOND Date: March 2, 2020 (Not earlier than Construction Contract Date) SURETY; (Name, legal status and principal place aflIM Ins) Surance Company P 0 Box 1336 Des Moines IA 50306 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This Is not a single combined Performance and Payment Bond. Amount: One Hundred Twenty-nine Thousand Three Hundred Sixty & no1100ths ($129,360.00) Modifications to this Bond: i ✓cone ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Cinva: ance Company (Corporate Seal) Don Gardner Construct' any Signature: Signature: N6 ek Name Casey Gardner Name Nancy D. Baltutat, Attorney -in -Fact and Title: President and Title: (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY--- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect, Engineer or other party) LMC Insurance & Risk Management 4200 University Avenue #200 West Des Moines IA 50266 AIA Document A312"' — 2010. The American Institute of Architects. 081110 1 1 Page 107 of 170 Init. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If -the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of -the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract, § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial, § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. AIA Document A312TM — 2010. The American Institute of Architects. 2 Page 108 of 170 Init. § 7 if the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 Iiquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 19.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 19.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. AiA Document A3121" —2010. The American institute of Architects. 3 1 Page 109 of 170 Init. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company; (Corporate Seal) Signature: Signature: Nance and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED, An original assures that changes will not be obscured, AIA Document A312104 - 2010, The American Institute of Architects. 4 t Page 110 of 170 Init. *tAli-V Document A312TM - 2010 Payment Bond CONTRACTOR: (Nance, legal status and address) Don Gardner Construction Company 315 LaPorte Road Waterloo IA 50702 OWNER: (Nance, legal status and address) City of Waterloo Waterloo Leisure Services Commission 715 Mulberry Street Waterloo IA 50703 CONSTRUCTION CONTRACT Date: March 2, 2020 Bond Number SY94237 SURETY: (Name, legal status and principal place of business) IMT Insurance Company P 0 Box 1336 Des Moines IA 50306 One Hundred Twenty-nine Thousand Three Hundred Sixty & no1100ths Amount: ($129,360.00) Description: FY2019 Young Arena Roof Replacement project (Nance and location) Contract No. 998 BOND Date: March 2, 2020 (Not earlier than Construction Contract Date) This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This is not a single combined Performance and Payment Bond. Amount:One Hundred Twenty-nine Thousand Three Hundred Sixty & no/100ths ($129,360.00) Modifications to this Bond: CONTRACTOR AS PRINCIPAL Com an : Don GParciner Constri o one © See Section 18 Col orate Seal) any SURETY Company: (Corporate Seal) IMT Insurance Company Signature: Signature: jeereVr tA�i-tpl Name Casey,,Gardner Name NancyD. Baltutat, Attorney -in -Fact and Title: President and Title: y (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: LaMair-Mulock-Condon Co. (Architect, Engineer or other party.) 4200 University Avenue #200 West Des Moines IA 50266 AIA Document A312'" -- 2010. The American Institute of Architects. 081110 5 Page 111 of 170 init. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond, § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense lake the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for paytnent of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work, AMA Document A312n" _ 2010. The American InatItute of Architects. 6 1 Page 112 of 170 Init. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum; .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance ofthe Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date ofthe Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor; materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. AIA Document A812T"' — 2010. The American institute of Architects. 7 Page 113 of 170 Init. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document A31211' — 2010. The American Institute of Architects. 8 Page 114 of 170 IMT INSURANCE POWER OF ATTORNEY Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of West Des Moines, County of Polk, State of Iowa, bath made, constituted and appointed, and does by these presents make, constitute and appoint Jeffrey R. Baker, Nancy D. Baltutat, Patrick K. Duff, Mark E. Keairnes, Greg T. LaMair, Joseph I. Schmit, Christopher R. Seiberling, and Jill Shaffer of West Des Moines and State of Iowa its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under- takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: *****Unlimited Amounts***** and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of IMT Insurance Company, and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of1MT Insurance Company on December 18,1998. ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con- tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements. ARTICLE VIEI, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws, Such facsimile signature and seal shall have the same force and effect as though manually affixed. In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 2nd day of February ,'2020 IMT Insurance Company STATE OF IOWA COUNTY OF POLK SS: Sean Kennedy, President On this 2nd day of February , 2020 , before me appeared Sean Kennedy, to me personally known, who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, In Testimony Whereof, I have hereunto set my hand and affixed my Official Seat at the City of West Des Moines, Iowa, the day and year first above written. ( F SETH CARY COMMI8$nN tto 768620 NYCONAPONDPIAE.514300 s Notary Public, Polk County, Iowa V CERTIFICATE I, Dalene Holland, Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and con'ect copy of the POWER -OF -ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 211d February , 2020 \ziathu. Dalene Holland, Secretary SY 06 06 (01/19) day of Page 115 of 170 ..-----, sB AW RD CERTIFICATE OF LIABILITY INSURANCE DATE{MMIflDFYYYY} 6/2812019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the Certificate holder Is an ADDITIONAL INSURED, the polloy(Ees) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In ORLI of such endorsement(s), PRODUCER PDCM Insurance P.O. Box 2597 Waterloo IA 60704 par CT Jan wUard Now FAX Lai No. t q}: 319-234-8888 {Am, Not: 319.234-7702 ADDRESS: it Ilardgpdcm.com INSURERS} AFFORDING COVERAGE NAIC 0 INSURER A : United Fire & Casualty Company 13021 INSURED DONOAROfi1 Don Gardner Construction Co., Inc 315 LaPorte Road Waterloo IA 50702 INSURER 8: INBURERC: INSURER 0I INSURER 0 : INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE: LIS'rD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTSRR TYPE OF INSURANCE AIYSD SIWO P0LUCYflUM ER IMMID DY MI._ ODIY}/'!Yi LIMITS A X COMMERCIAL GENERAL LIABIUTY Y B0506909 711/2019 ,(M 711/2020 EACH OCCURRENCE $ 1,000,000 DAMAGE i0RENTEC PREMISES {Ee occurrertCel $ 100000 CLAIMS -MADE I X OCCUR MED EXP (My one parson) $ 6,000 PERSONAL & ADV INJURY $1,000,000 GENERAI, AGGREGATE $ 2,000,000 OEN'L AGGREGATE LIMIT APPLIES -I POLICY I. X I j CT OT1hER: X PER: LAC PRODUCTS - COMP/OP AGG $ 2,000,000 $— A AUTOMOBILE X — LIABILITY ANY AUTO ALLOWNED . SCHEDULED UTOS AUTOS 69606809 7/112010 71112020 COMBINED O eB1NEI7 TNTLET1MIT $ 1.000.000 BODILY INJURY (Per person) $ BODILY INJURY (per aacldont) $ 1Per aod4nll A X UMORELLA LIAR EXCESS LiAB X OCCUR CLAIMS -MADE 80505809 71412019 7/1/2020 EACH OCCURRENCE 8 6,000,000 AGQREc3ATE $ 6,000,000 . $ DEp_ X RETENTION $n A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY YICRROlPa4 IE ER PARTNE p? ECUTIVE Y� (Mandatory In NH) If yet, deeatbs under DESCRIPTION OF OPERATIONS balmy NIA 30304210 7/112019 7/1/2020 X PER f K{ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE, $ 1,000,000 El. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Add1U0na1 Remarks So1iedula, my bit aaeahed If more woe le required) I City of Waterloo 715 Mulberry UStAerl00 IA fil)703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE pRB Ve 1988 2014 ACORP CORPORATION, Ail rights rQserved. ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD Page 116 of 170 SUPP SUPP iSUPP 1SUPP CA C -7 ISUPP SUB SUB 0 C CO CA CA C C `173 CO -0 Site manager Project manager Owner's Rep Owner's Rej D o 3 ((DD 2. Plate steel Toilet Landfill Dumpster Street closure [Crane rental -0 ea 7 r. 5 (0 Roofing Sheet metal Scope of Work 234-0272 234-0272 291-4370 N CO s CO '.I O (319) 393-9100 277-5900 232-8511 296-2524 232-4150 235-9356 234-9114 232-3369 N W N 01 CO 01 N W CT')3 -fa. Cif Phone Number CO CO () CO "NJ CO 939-3862 NA 610-4324 231-4255 NA NA Z > NA 404-5312 239-8312 N W W N CO CO N CO CA CTt CO 231-4367 Cell Number jgoffice@dongardnerconstruction.com cgoffice@dongardnerconstruction.com travis.nichols@waterloo-ia.org chris.dolan@waterloo-ia.org jhackman@benchmark-inc.com .............. grossesteel@cfu.net NA NA 232-1086 Z > chad@emersoncranerental.com Cr w (D a m a (D a -o 3 7.7 0 3 brad@serviceroofing.net hawkeyesm0000@aol.com Fax or Email DGC DGC Leisure Services Leisure Services Benchmark Inc. Grosse Steel Cooley Pumping BH Landfill BH Waste Service Signing Emerson Crane Rental Personified Painting Service Roofing Hawkeye Sheet Metal z 3 o v ( CD Travis 1 Chris 00 m Bob NA dispatch dispatch n Co o = Chad CO co Brad Mike Contact Name O co Q N 0 0 ..LS 1VIO213INWO0 SZI- :SS321CICIV VI '00 131VM 1N3W3Ob"1d321 dOO21 VN32IV JNfOA 15l NaliddflSI IO1OV211NO3SfS ZOLO9 b►I `oolualVM 'a2I JflIOd di SI,£ algexe;-uoN NOIl3C1211SNOO 2i3NCINV NO❑ Page 117 of 170 on ardner onstruction 315 La Porte Rd. Waterloo, IA 50702 Phone: (319) 234-0272 Fax: (319) 234-2033 E-Mail Address: office@dongardnerconstruction.com Tax Exempt List for: Young Arena - Roof Replacement Job#20-200 General Contractor Don Gardner Construction Co., Inc. 315 La Porte Rd. Waterloo, IA 50702 Fed ID: 42-1034363 (319) 234-0272 Casey Gardner Subcontractors Sheet Metal Hawkeye Sheet Metal Inc. 83 W. 15th St. Waterloo, IA 50702 Fed ID: 42-0953455 (319) 233-1415 Mike Lamb Roofing Service Roofing Co. P.O. Box 818 Waterloo, IA 50704 Fed ID: 42-0895028 (319) 232-4535 Brad Metcalf *** Painting Personified Inc. 326 W. 17th St. Waterloo, IA 50702 Fed ID: 42-1497855 (319) 232-3369 Bart Mehlert Page 118 of 170 0 o I�_uarr 0 y C O rn c z 0 co a n co CO Al VJ O. o O o C Z CD CI 0 n 3 0 n o D Z 01 tcn N N D n -o Z a z rt. 0 0 C a C 5. al 3 3 a co O co a• v o- O v O to C N ,, a 0 m c 0 0 C a 0 0 W 'CI 0 0 ICI c — a Y - Q. 8 1 g m 3 G co a IDD D. 2 z 8 . z (t (/) co cA• --I -74 N al C N O_ M -OP O O N O. (In n ea P n 0 O S co o -1 w cn z V re to 70 to 1.4 ZOLD iN31UC1ZOG VIV IN3WAVd 2103 3.1..VOIdI1H30 GNV NOIJLV011ddV NOLLIG3 Z661. 1NET CHANGES by Change Order TOTALS 'Total approved this month Total changes approved in previous months by Owner CHANGE ORDER SUMMARY 69 O 0 ADDITIONS .......... 69 O O 0 DEDUCTIONS 'toeJ11100 slyt.iapun co 75 m :10311H023'd on the Continuation Sheet that are changed to conform to the amount certified.) (9 aun ssal C aun) 00'092'6Z t.$ (pue uollao!IddV sly; uo sain6g Ile leltlul .Jol palldde )unowe aut wal s.aglp Pa1M1Jao tunowe it uogaueldxa yoetty) 9. BALANCE TO FINISH, PLUS RETAINAGE ©313I12E33 1Nl0Wtl ana 1N3WAYd 1N3aanO '8 6' 0 0 and the Contractor is entitled to payment in the AMOUNT CERTIFIED. (Line 6 from previous Certificate) 0 0 0 belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT application, The Architect certifies to the Owner that to the best of the Architect's knowledge, information and (Igo". S aun ssal p aun) In accordance with the Contract Documents, based on on -site observations and the data comprising the above 6. TOTAL EARNED LESS RETAINAGE 0 0 0 ARCHITECT'S CERTIFICATE FOR PAYMENT x3 UOISSIww00 0 COLD to i uwnlo0 ul letol 0 0 0 :ollgnd ketoN JD qg + eg aun) a6euieta2€ letol (cue uo uwnlo0) 3 41 (7) O w 61-OZ Jagwaoaa IeuateV paJotS to %S 'q 0 0 Subscribed and sworn to before (20LO uo 3+a uwn1o0) $JoM pa2aldwo0lo %S 'e Fn 0 0 0 O G R. = (G •' O 0 nv 3`J`'Niviaa 'S (£OLO uo 9 uwnioo) W 75 D m 4. TOTAL COMPLETED & STORED TO DATE 0 0 MVO 01 IRS 1OVa1N00 '£ r 9 v 0 00'092'6Z 1.6 : 010b'211N00 2. Net change by Change Orders 0 0 co payment shown herein is now due. WfS.Otla1NO3 1YNI912i0 1. 00'09£'6Z 1.$ previous Certificates for Payment were issued and payments received from the Owner, and the current with the Contract Documents, that all amounts have been paid by the Contractor for Work for which and belief the Work covered by this Application for Payment has been completed in accordance CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information 2f0d 10V211N00 uogorutsuo0 leiaua0 :31vo 10'2211N00 'pa aUod el SL£ VI 'splde2l iepa0 4, N # 10310ad ano 3N '10 uot6upunH 9909 :ON 103ro2:1d : atl4aav eiA :01 oolaad x 1S leralewwo0 SZt ab poet - eueJv 6unoA 0 z z O 0Idl12l30 GNV N011V011ddV 1N3WAVd 2:10d 3 8 ZOL$ tuawnooa viv q CI. ' a. N C N Page 119 of 170 0 C O Z D 0 0. orc 0 va 7 m 0. 0 0 m a 4, 3 c 0 7 (D t�. (o a D 7 0 co w m O m M a 0 S)S co m N 7 0 a m O O' W (o 0. o) N 3 d O 8 N 7 0. O n c 3 (D 7 N N y N .d 0 a c R AVE., N.W. WASHINGTON, DC 20006-5292 D Z Z O C ' O (D a -:7 0 a 0 0 0 0 (m a G) V) 0 0 v ur m 7 o. N cr. m rn 0 0) 0 0 rn (0 m O (D 0 c 0 7 AIA DOCUMENT G703 CONTINUATION SHEET FOR G702 N m 0 0 Z D D co 70 CO N m n m ,Z7 0 n Z Z C --1 m 0 T1 n 0 1 m 0 0) ca cry Z O 2, 0 00'09£'6ZC� Efl 0 0 O EA 0 0 O 69 O 0 0 0 0 0 0 00'09£`6Z l� O 0 O 0) (Y A CO N 69 63 69 .69 .69 W Ul • 1 CO CO N CO O $ b b 0 0 0 0 0 0 0 0 0 0 •69 69 En 69 69 0 o a o 0 a o o 0 0 0 0 0 0 0 o 0 0 69 Eft 69 -69 -69 69 0 0 0 0 0 0 O 0 0 0 0 0 O O O O O O 696969-6969 -69 0 0 0 0 0 0 0 b b b a 0 O 0 0 0 0 0 Eft 69 ffl EH -69 69 O O o 0 0 0 o b b b 0 0 o 0 0 0 0 O 0 0 0 0 0 0 O 0 0 0 0 69 6 69 69 69 -69 (9 co -A Co _.) V W 01 to Cn ? ▪ A -* CO 0) N CO 0 -A O b b 0 0 0 O 00 0 a 0 696169696969 O a 0 0 0 b b 0 0 0 0 O 0 0 0 0 0 O M • D DESCRIPTION OF WORK Co SCHEDULED VALUE 0 WORK FROM PREVIOUS APPLICATION (C+D) 0 COMPLETED THIS PERIOD MATERIALS PRESENTLY STORED NOT IN D OR E T TOTAL COMPLETED AND STORED TO DATE (D + E + F) 0 BALANCE TO FINISH (C-G) 2 RETAINAGE 5% FY19 Young Arena Roof Replacement Project, Cont. 998 Bid Tab: November 14, 2019 Estimate: $102,000.00 Bidder Bid Security Total Bid Amount Base: $146,000.00 T&K Roofing & Sheet Metal Co. Alt 1: $146,000.00 Ely, IA Alt 2:$ 5,500.00 Alt 3:$ 5,500.00 Base:$129,360.00 Don Gardner Construction Alt 1:$134,400.00 Waterloo, IA Alt 2:$ 13,145.00 Alt 3:$ 13,940.00 Page 121 of 170 CITY OF WATERLOO Council Communication Resolution approving a Professional Services Agreement with Greenlots d/b/a Zeco Systems, Inc., in an amount not to exceed $650 annually, for services and subscription of Greenlots software system for the downtown charging stations, and authorizing the Mayor to execute said documents. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date P lanning & Zoning Schroeder, Aric Approved 2/26/2020 - 9:38 AM Clerk Office Even, LeAnn Approved 2/26/2020 - 1:59 PM ATTACHMENTS: Description Type ❑ Greenlots Agreement Backup Material SUBJECT: Submitted by: Resolution approving a Professional Services Agreement with Greenlots d/b/a Zeco Systems, Inc., in an amount not to exceed $650 annually, for services and subscription of Greenlots software system for the downtown charging stations, and authorizing the Mayor to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director Recommended Action: Adopt resolution The City partnered with MidAmerican to install Charging stations in downtown Waterloo. MidAmerican will be covering all costs of the charging stations, including the services and subscriptions to Greenlots software, for Summary Statement: the first three years. If the City chooses to continue offering the charging stations after three years MidAmerican has the right to turn over all services and equipment maintenance to the City of Waterloo. This include the service and software agreement with Greenlots who will be handling all fee transactions and data from charging stations. Expenditure Required: $650 annually after initial three years. Source of Funds: Bond funds Policy Issue: Economic Development Alternative: Not approve The City partnered with MidAmerican to install Charging stations in downtown Waterloo. MidAmerican will be covering all costs of the charging stations, including the services and subscriptions to Greenlots software, for the first three years. If the City chooses to continue offering the charging Page 122 of 170 Background Information: stations after three years MidAmerican has the right to turn over all services and equipment maintenance to the City of Waterloo. This include the service and software agreement with Greenlots who will be handling all fee transactions and data from charging stations. Legal Descriptions: NA Page 123 of 170 SERVICES AND SUBSCRIPTION AGREEMENT Effective Date: As of , 2020 Greenlots: ZECO SYSTEMS, INC. a Delaware corporation Subscriber: , a Greenlots Address and Contact Information: Address: 767 S Alameda, Suite 200, Los Angeles, CA 90021 Attn: Phone: 888-751-8560 Email: info@greenlots.com Company's Address and Contact Information: Address: c/o Phone: Email: Fax: THIS SERVICES AND SUBSCRIPTION AGREEMENT (this "Agreement") is entered into as of this day of , 2020 by and between Greenlots and Subscriber. As used herein, Greenlots and Subscriber are each a "party" or collectively, "parties" to this Agreement. Capitalized terms used but not otherwise defined in the Special Terms and Conditions stated below shall have the meanings ascribed to such terms in the Standard Terms and Conditions ("Standard Terms") portion of this Agreement. WHEREAS, (A) Greenlots is a global manufacturer of turnkey charging networks for electric vehicles, including software and services, and trades commercially under the name "Greenlots". In connection with the operation of the Greenlots business, Greenlots also owns the "Greenlots SKY" software system with the features described in Annexure A (the "Licensed Software"). (B) Subscriber is an owner and/or operator of Charging Stations and wishes to register its Charging Stations (as defined below) on the Greenlots Charging Network and to avail itself of the Greenlots Charging Network Services (as defined below) in respect of such Charging Stations on the terms and subject to the conditions set out in this Agreement. (C) To enable Subscriber to use the Greenlots Charging Network Services, Greenlots shall grant a non -transferable and non-exclusive license of the Licensed Software to Subscriber on the terms and subject to the conditions set out in this Agreement. NOW THEREFORE, for good and valuable consideration, the receipt of which is acknowledged the parties agree to the following: Special Terms and Conditions I. GREENLOTS RESPONSIBILITIES a. Greenlots Responsibilities. Subject to the terms and conditions of this Agreement, Greenlots agrees to (i) operate, maintain, administer and support the Greenlots Charging Network and (ii) provide the purchased Services to Subscriber and its Networked Charging Stations. b. License of Licensed Software. In connection with its obligations under (I)(a) Greenlots hereby grants to Subscriber, and Subscriber hereby accepts, a non -transferable and non-exclusive right and license to use the Licensed Software in the Territory for the duration of the Term, together all rights, title and interests past, present and future, in and to the Licensed Software for the purposes of participating in the Greenlots Charging Network and using the Greenlots Services. c. Limitations. Greenlots shall not be responsible for, and makes no representation or warranty with respect to, the following: (i) continued and uninterrupted availability of sufficient electrical power to any of Subscriber's Charging Stations and consequently any failure or interruption to the Greenlots Charging Network and the Greenlots Services; (ii) continued and uninterrupted availability of any wireless or cellular communications network or internet service provider network services necessary for the continued operation by Greenlots of the Greenlots Charging Network and/or the provision of the Greenlots Services; (iii) any Charging Stations that are not Networked Charging Stations; and/or (iv) any failure, malfunction or degradation of the Charging Station hardware and its embedded software. 1 Page 124 of 170 d. Non -Exclusive Basis. The participation of Subscriber and its Networked Charging Stations and the provision of the Greenlots Services to Subscriber shall be on a non-exclusive basis and Greenlots shall, at all times and at any time, be entitled to permit similar participation and provide similar services to any other party, whether such party is a competitor of Subscriber or otherwise, without restriction on such terms as Greenlots may at its sole discretion determine without reference to Subscriber. II. SUBSCRIBER'S RESPONSIBILITIES. Subscriber shall be responsible for: (a) notifying Greenlots of any new Charging Stations to be registered on the Greenlots Charging Network as Networked Charging Stations (which shall include providing Greenlots with specifications and descriptions in relation to each such Charging Station); (b) operating and maintaining the Networked Charging Stations in a safe manner and in compliance with all applicable laws and contractual obligations; (c) providing Greenlots with advance written notice of the relocation or decommissioning of any Networked Charging Stations or of Networked Charging Stations which are non -operational or not intended to be replaced or repaired by Subscriber. III. SERVICES. a. Collection Services. Where Subscriber levies charges on Customers and Greenlots is engaged to provide management, collection and/or processing services for such charges: i. Subscriber shall have sole authority to determine and set in real-time the Session Fees (which shall include all applicable Taxes and Regulatory Charges, each as defined below) applicable to Subscriber's Networked Charging Stations. ii. In exchange for Greenlots collecting Session Fees on behalf of Subscriber, Subscriber hereby authorizes Greenlots to deduct from all Session Fees collected (collectively, the "Deductions"): (1) a Collection and Processing Fee; and (2) to the extent required, applicable Taxes and Regulatory Charges. Greenlots shall remit the equivalent of the balance of the Session Fees net of the Deductions to Subscriber not more than 10 business days after the end of each calendar month in which such Session Fees were collected to such account designated in writing by Subscriber. iii. Collection and Processing Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, but not limited to, value added, sales, local, city, state or federal taxes ("Taxes") or any fees or other assessments levied or imposed by any governmental regulatory agency ("Regulatory Charges"). Subscriber shall be responsible for the payment of all Taxes and Regulatory Charges incurred in connection with any Session Fees; provided that, Greenlots is solely responsible for all Taxes and Regulatory Charges assessable based on Greenlots' income, property and employees. Where Greenlots is required by law to collect and/or remit the Taxes or Regulatory Charges for which Subscriber is responsible, the appropriate amount shall be invoiced to Subscriber and deducted by Greenlots from Session Fees, unless Subscriber has otherwise provided Greenlots with a valid tax or regulatory exemption certificate or authorization from the appropriate taxing or regulatory authority. b. Provision of Assistance, Training and Maintenance Services. Greenlots shall supply training, technical assistance and maintenance with respect to the Licensed Software to Subscriber, as set out in Annexure A and elsewhere in this Agreement (collectively, the "Services"). c. Service Levels. Greenlots shall provide services and support according to the following terms: i. Phone support for payment and technical issues shall be provided to Customers 24 hours a day, 365 days a year; ii. Greenlots shall ensure that scheduled system downtime occurs only between the hours of 9PM to 5AM Pacific Standard Time to avoid disruption to Subscriber and Customers; iii. Greenlots shall ensure that unscheduled downtime be responded to immediately and every reasonable effort be made to restore service; and With respect to the Services and Service Levels, Subscriber acknowledges that some downtime may be attributed to Charging Station hardware and while Greenlots will promptly report and log the problem to the associated party; the duration of downtime in this instance is out of Greenlots' control. d. Non -Transferability. All Greenlots Services shall be non -transferable; provided that Greenlots Services subscribed for in relation to a Networked Charging Station that is to be de -commissioned may be transferred to a Networked Charging Station that is purchased by Subscriber to replace such de -commissioned Networked Charging Station. 2 Page 125 of 170 IV. FEES. a. Fees. In consideration of the Services provided hereunder, Subscriber shall pay Greenlots the following fees (collectively, the "Fees"): i. MidAmerican Energy will be paying the license fees for the Licensed Software ("License Fees") for the first three years and potentially beyond. Greenlots License fees are $650 annually per DC Fast Charger in United States Dollars, such license fees to be payable in advance for the Initial Term with payment to be made upon registration and activation of a Networked Charging Station on the Greenlots Charging Network. No pro -rating shall be available for any Networked Charging Stations which are decommissioned during the year; and, ii. upon Subscriber commencing the levy of charging fees on Customers, a Collection and Processing Fee of 5.0% + $0.50 shall be paid by Subscriber to Greenlots for each Charging Session used by a Customer where a Session Fee applies, payment of which shall be set off against Session Fees collected by Greenlots, or in case of insufficient Session Fees, billed separately. b. Adjustments to Pricing. Greenlots undertakes that there shall be no increase in the License Fees payable for each Networked Charging Station during the Initial Term. The parties agree that Greenlots shall be entitled to adjust the Collection and Processing Fee at its sole discretion in the event of any increase in processing fees charged by payment processing partners responsible for the collection of Customers' payments. c. Payment of License Fees. Subscriber agrees that: i. Subscriber shall pay all License Fees within thirty (30) days of its receipt of an invoice with respect thereto. For this agreement MidAmerican will be responsible for the license fees for the first three years and possibly beyond. Except as otherwise specified herein, all Fees shall be quoted in and payable in US Dollars. ii. If any invoiced Fees are not received by Greenlots by the due date, then such outstanding amount: (1) may accrue late interest at the rate of one and one-half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower ("Late Payment Interest Rate"), from the date such payment was due until the date on which such payment is received by Greenlots in cleared funds, and (2) in the event Subscriber has not paid Fees within 30 days of the due date, Greenlots may, at its sole discretion, impose additional conditions in connection with future renewals of any Greenlots Services and acceptance of purchase orders for additional Greenlots Services other than those set forth herein. iii. If any amount owing by Subscriber under this Agreement is more than 30 days overdue, Greenlots may, without otherwise limiting Greenlots' rights or remedies available under law, terminate this Agreement, and/or suspend the use by Subscriber of the Greenlots Services until such amounts are paid in full. V. TERM; TERMINATION. a. Initial Term. This Agreement shall be valid for a period equivalent for the license fees paid commencing from the Effective Date, during which the access to the Greenlots Charging Network, the License and the subscription for the Greenlots Services shall be valid ("Initial Term"). b. Additional Terms: 30 days from expiration of the License Agreement, Subscriber to submit payment to Accounts Receivable for fees and charges incurred through the expiration date. If the renewal fee is not paid within [30] days interest will accrue at a rate of 1.5% per month, compounded, until paid. If the License Agreement is not renewed within [60] days of expiration, the services will be canceled. c. Greenlots shall notify End User/Customer, (i) 60 days before and (ii) 30 days before the renewal/ expiration date of the Greenlots Software License Agreement. Such notices will be sent simultaneously to End User/Customer via email. d. Early Termination for Cause by Greenlots. i. Greenlots may terminate the license granted to Subscriber hereunder and terminate this Agreement immediately upon 5 Business Days' prior written notice to Subscriber, if: 1. An Insolvency Event has occurred in relation to Subscriber; 2. Subscriber breaches any material provision of this Agreement and fails to cure such breach within 30 days following Subscriber's receipt of written notice thereof from Greenlots; or 3 Page 126 of 170 3. Subscriber fails to timely pay Greenlots all fees due and payable to Greenlots in consideration of the Services provided hereunder within thirty (30) days of the expiration date of the Payment Agreement. ii. Upon any termination of this Agreement pursuant to d.i. above, subject to the additional terms and conditions hereof, all rights in the Licensed Software granted to Subscriber hereunder shall automatically revert to Greenlots, and Subscriber shall have no further rights in, and shall immediately cease all use of, the Licensed Software. Subscriber shall also promptly return or destroy all documents (including copies), diskettes, tapes and other material (in whatsoever medium) held by Subscriber in relation to the Licensed Software to Greenlots upon written demand therefor by Greenlots. The failure of Greenlots to make any such demand initially shall not operate as a waiver by Greenlots of this provision. e. Early Termination for Cause by Subscriber. Subscriber may terminate this Agreement immediately upon 5 Business Days' prior written notice to Greenlots, If Greenlots breaches any material provision of this Agreement and fails to cure such breach within thirty (30) days following Greenlots' receipt of written notice thereof from Subscriber. VI. STANDARD TERMS; CONFLICTS. The Standard Terms that follow the signatures below are by this reference incorporated herein and made a part of this Agreement. Without limiting the generality of the foregoing, and notwithstanding anything to the contrary set forth in this Agreement, all of each party's obligations hereunder, including without limitation, each party's obligation to render services, grant any licenses, or to pay fees, are subject to the Standard Terms. In the event of any inconsistency or conflict between the provisions of the Standard Terms and the Special Terms, the latter shall control. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date first above written. SUBSCRIBER a By: Printed Name: Title: Date: GREENLOTS Zeco Systems, Inc., a Delaware corporation By: Printed Name: Title: Date: STANDARD TERMS 1. Definitions. (a) Definitions. As used in this Agreement, the following terms have the following meanings: "Business Day" means a day (other than a Saturday, Sunday or public holiday) on which banks in the United States of America are open for general banking business. "Charging Port" means any charging connector that is able to charge an electric vehicle, regardless of plug type or standard. For purposes of license fee calculation, for Charging Stations with more than a single Charging Port, the Charging Port is only counted if it is able to charge an electric vehicle concurrently with another Charging Port on the same Charging Station. "Charging Session" means a session during which a Customer is using Subscriber's Networked Charging Station to charge his or her electric vehicle and which lasts for a continuous period of time commencing when a Customer has accessed such Networked Charging Station and ending when such Customer has terminated such access. 4 "Charging Station" means an electric vehicle charging station owned or leased by Subscriber. "Collection and Processing Fees" means the fees charged by Greenlots for the management, collection and processing of Session Fees on behalf of Subscriber and the remittance of any balance to Subscriber. "Customers" means drivers who avail themselves of charging and other services from any Networked Charging Station. "Greenlots Services" means, collectively, the various software service offerings made available for subscription from time to time by Greenlots. "Greenlots Intellectual Property" means collectively, the Licensed Software, the Greenlots Marks, the Greenlots Charging Network and the Greenlots Services. "Greenlots Marks" means the various trademarks, service marks, names and designations used in connection with Page 127 of 170 the Greenlots products and services, including, without limitation, the mark "Greenlots". "Insolvency Event" shall be deemed to have occurred, in relation to any person or entity, when such person or entity files, or consents to the filing against it of, a petition for relief under any bankruptcy or insolvency laws, makes an assignment for the benefit of creditors or consents to the appointment of a receiver, liquidator, assignee, custodian, trustee or other official with similar powers over a substantial part of its property; or a court having jurisdiction over such person or entity or any of the property of such person or entity shall enter a decree or order for relief in respect thereof in any involuntary case under any bankruptcy or insolvency law, or shall appoint a receiver, liquidator, assignee, custodian, trustee or official with similar powers over a substantial part of the property of such person, or shall order the winding -up, liquidation or rehabilitation of the affairs of such, and such order of decree shall continue in effect for a period of sixty (60) consecutive days. "Intellectual Property Rights" shall mean all intellectual and industrial property rights of whatever nature anywhere in the world and all rights pertaining thereto, whether recorded or registered in any manner, or otherwise, including without prejudice to the foregoing generality, patents, trademarks, registered designs (including applications for any of the same), copyright, design rights, semi -conductor topography rights, database and software rights, mask works, trade secrets, know-how, business names, trade names, brand names, domain names and all other legal rights anywhere in the world protecting such intangible property. "Networked Charging Stations" means any Charging Stations that have been registered and activated on the Greenlots Charging Network. Each charge connector or charge port is considered as one Charging Station. "Session Fees" means the fees set by Subscriber for a Charging Session, including any applicable Taxes and/or Regulatory Charges. "Subscribed Services" means any Services subscribed for by Subscriber. "Subscriber Data" means, collectively, all data contributed directly by Subscriber and which is owned by Subscriber, or licensed directly to Subscriber by any party other than Greenlots, prior to the inclusion of such data in the Licensed Software. "Term" means (i) the Initial Term, and (ii) each Additional Term, unless this Agreement is terminated earlier pursuant to Article V of the Special Terms. "Territory" means the territory where Subscriber has active operations. 2. Ownership of Intellectual Property 2.1 Validity and Ownership. Subscriber acknowledges and admits the validity of Greenlots' ownership, of all Intellectual Property Rights in relation to 5 the Greenlots Intellectual Property, and agrees that it will not, directly or indirectly, challenge or contest the validity of the Greenlots Intellectual Property, or any registrations thereof and/or applications therefore in any jurisdiction, or the right, title and interest of Greenlots therein and thereto, nor will it claim or register any interest in the Greenlots Intellectual Property in any jurisdiction, other than the rights expressly granted hereunder. 2.2 Property of Greenlots. Subscriber acknowledges that (i) as between the parties, all Intellectual Property Rights in the Greenlots Intellectual Property are and will remain the exclusive property of Greenlots and (ii) as between the parties, all uses of the Greenlots Intellectual Property, except for its Use by Subscriber pursuant to this Agreement, shall inure solely to the benefit of Greenlots. Subscriber shall not at any time do or suffer to be done any act or thing that will in any way impair the rights of Greenlots in and to the Greenlots Intellectual Property. Nothing in this Agreement grants, nor shall Subscriber acquire hereby, any right, title or interest in or to the Greenlots Intellectual Property or any underlying or third - party Intellectual Property Rights inhering therein, or any goodwill associated therewith, other than those rights expressly granted hereunder. This Agreement shall not affect Greenlots' right to enjoin or obtain relief against any acts by third parties or trademark or patent infringement or unfair competition, or any other action that Greenlots may take to protect Greenlots' Intellectual Property Rights in the Territory. 2.3 Property of Subscriber. The parties agree that all Subscriber Data is and will remain the exclusive property of Subscriber and will inure solely to the benefit of Subscriber. Greenlots shall be granted such access to Subscriber Data: (a) as may be necessary to enable Greenlots to perform its obligations hereunder; (b) in order to respond to service or technical problems which may arise from time to time and at any time; and/or (c) otherwise at Subscriber's discretion. All data collected by Greenlots in connection with the operation of the Greenlots Charging Network shall be jointly owned by Greenlots and Subscriber, with both Parties retaining independent rights to use the data. Greenlots shall also have rights to use the data for uses including (i) system analytics and performance; (ii) anonymized data for marketing, research, and creation of white paper; (iii) product development and enhancement; and (iv) analytics-driven offerings for each of the value chain constituents. 2.4 License; Data Privacy. Greenlots shall have a royalty -free, worldwide, transferable, sub -licensable, irrevocable perpetual license to use or incorporate in the Greenlots Charging Network and/or the Greenlots Services any suggestions, enhancement requests, recommendations, improvements or other feedback provided by Subscriber and/or Subscriber Authorized Users relating to any and all of the Greenlots Charging Network and the Greenlots Services. Subscriber represents and warrants that it has reviewed Greenlots' privacy policy located at https://greenlots.com/privacy- policy-2 ("Privacy Policy") and by Subscriber's signature below, acknowledges that Subscriber consents to, is bound by and subject to all terms of the Privacy Policy, as Page 128 of 170 of the date of this Agreement and as amended hereafter, including with respect to all Subscriber Data. 3. No Assignment or Sublicenses 3.1 No Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the express written consent of the other party. Notwithstanding the foregoing either party may assign this agreement together will all rights and obligations hereunder, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of any or substantially all of its assets provided the assignee agrees in writing to comply with all applicable provisions of the Agreement, including protecting Confidential Information. This Agreement shall not be assignable by Subscriber to any direct or indirect competitor of Greenlots engaging in developing electric vehicle charging hardware and/or software and any attempt to assign without such consent shall be void. 3.2 No Sub -Licensing. Except as otherwise set forth herein, the License, the Greenlots Services and the rights granted to Subscriber under this Agreement shall not be sub -licensed by Subscriber without the prior written authorization of Greenlots. 4. Limitation of Liability. 4.1 LIMITATION OF GREENLOTS' LIABILITY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, ACCESS TO THE GREENLOTS CHARGING NETWORK, THE LICENSE AND THE GREENLOTS SERVICES ARE PROVIDED BY GREENLOTS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GREENLOTS BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PARTICIPATION OF SUBSCRIBER IN THE GREENLOTS CHARGING NETWORK, THE EXERCISE OF THE LICENSE, THE USE OF THE LICENSED SOFTWARE OR THE GREENLOTS SERVICES, OR OTHERWISE ARISING OUT OF THIS AGREEMENT, WHETHER IN RELATION TO ANY BREACH OF ANY REPRESENTATIONS AND WARRANTIES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL GREENLOTS' AGGREGATE LIABILITY TO SUBSCRIBER PURSUANT TO THIS AGREEMENT EXCEED THE TOTAL SUM OF ANY FEES RECEIVED BY GREENLOTS IN THE TWELVE CALENDAR MONTHS IMMEDIATELY PRIOR TO THE DATE ANY SUCH CLAIM IS MADE. FOR THE AVOIDANCE OF DOUBT, GREENLOTS SHALL OWE NO LIABILITY TO SUBSCRIBER OR ANY CONTRACTUAL COUNTERPARTIES OF SUBSCRIBER FOR ANY BREACH BY SUBSCRIBER OF ITS CONTRACTUAL OBLIGATIONS TO SUCH COUNTERPARTIES INCLUDING BUT NOT LIMITED TO, ANY FAILURE BY SUBSCRIBER TO COMPLY WITH ITS SERVICE LEVEL AGREEMENTS UNLESS SUCH LIABILITY ARISES AS A RESULT OF FRAUD OR GROSS NEGLIGENCE ON THE 6 PART OF GREENLOTS. SUBSCRIBER SHALL BEAR FULL AND COMPLETE RESPONSIBILITY FOR SUBSCRIBER'S LEGAL OBLIGATIONS TO THIRD PARTIES AND NEITHER GREENLOTS NOR ANY GREENLOTS AFFILIATE (INCLUDING SHELL GROUP) SHALL INDEMNIFY, DEFEND OR HOLD SUBSCRIBER HARMLESS AGAINST ANY CONSEQUENCES, DAMAGES, INJURY OR DEATH OF ANY THIRD PARTY.. 4.2 Limits. Where the limitation of liability in Section 4.1 is prohibited or restricted under applicable law, then the liability of Greenlots under such circumstances shall be limited to the maximum extent permitted under such applicable law. 5. Subscriber's Representations and Warranties. Subscriber represents and warrants to Greenlots that: (a) it has the power and authority to enter into and be bound by this Agreement; (b) all Networked Charging Stations and any electric vehicle charging products used with such Networked Charging Stations have been properly installed and are operated in a duly authorized manner; (c) the electrical usage to be consumed by Subscriber's Networked Charging Stations will not violate or otherwise conflict with the terms and conditions of any applicable electrical purchase or other agreement including, without limitation, any lease, to which Subscriber is a party; and (d) it has not installed or attached Networked Charging Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that will block any easement or right of way. 6. Subscriber's Covenants. Subscriber further undertakes to Greenlots that: (i) it will not remove, conceal or cover the Greenlots Marks or any other markings, labels, legends, trademarks, or trade names installed or placed on the Networked Charging Stations or any peripheral equipment for use in connection with the Networked Charging Stations; (ii) Subscriber shall comply with, and shall have responsibility for and cause its employees and agents accessing or using the Greenlots Charging Network to comply with, all of the rules, regulations and policies of Greenlots as may from time to time be notified by Greenlots to Subscriber (and the display or availability of any such rules, regulations and policies (and any variation or changes thereto) on any portal or service to which Subscriber has access, shall constitute due notice to Subscriber, its employees and agents); (iii) Subscriber shall be responsible for using the Greenlots Services in compliance with applicable laws and this Agreement, and in particular, shall: (A) use commercially reasonable efforts to prevent unauthorized access to any Greenlots Services, (B) not sell, resell, license, rent, lease, transfer or grant access to the Greenlots Services to a third party, (C) not interfere with or disrupt the integrity of the Greenlots Charging Network, the Greenlots Services or any data contained therein, and (D) not attempt to gain unauthorized access to the Greenlots Charging Network or the Greenlots Services or their related systems or networks. 7. Compliance with Shell Business Principles, Anti -Bribery and Anti -Money Laundering Standards. Page 129 of 170 7.1. (a) Subscriber acknowledges that Greenlots is a subsidiary of Shell Group, and it has actual knowledge of: (i) the Shell General Business Principles, at www.shell.com/sgbp, and Shell's Supplier Principles, at www.shell.com/suppliers; (ii) Shell's Code of Conduct, at http://www.shell.com/codeofconduct/; and (iii) Shell's Global Helpline, at http://www.shell.com/home/globalhelpline/. (b) Subscriber agrees that Subscriber will adhere to and notify of violations of the principles contained in the Shell General Business Principles and Shell Supplier Principles (or where Subscriber has adopted equivalent principles, to those equivalent principles) in all its dealings with or on behalf of Greenlots, in connection with this Agreement and related matters. (c) Subscriber shall ensure staff that perform services on behalf of Subscriber hereunder shall behave in a manner that is consistent with the Shell Code of Conduct. 7.2. Anti -Bribery and Corruption (a) Subscriber represents that, in connection with this Agreement and related matters: (i) it is knowledgeable about Anti -Corruption Laws (as defined herein after) applicable to the performance hereunder and will comply with those laws; (ii) Subscriber has not made, offered, authorized, or accepted, and will not make, offer, authorize, or accept, any payment, gift, promise, or other advantage, whether directly or through any other Person, to or for the use or benefit of any Government Official or any other Person where that payment, gift, promise, or other advantage would: (A) comprise a facilitation payment; or (B) violate the relevant Anti -Corruption Laws. (b) Subscriber will immediately notify Greenlots if Subscriber receives or becomes aware of any matter that is prohibited by the preceding paragraph. As used here, "Anti -Corruption Laws" means the United States Foreign Corrupt Practices Act of 1977, the United Kingdom Bribery Act 2010, and all other applicable laws that prohibit money laundering, or otherwise dealing in the proceeds of crime, or the bribery of, or the providing of unlawful gratuities, facilitation payments, or other benefits to, any government official or any other person. (c) Subscriber will maintain adequate internal controls and procedures to ensure compliance with Anti -Corruption Laws, including the ability to demonstrate compliance through adequate and accurate recording of transactions in its books and records. (d) Greenlots will have the right to confirm compliance with Anti -Corruption Laws and record keeping by audit. Subscriber will keep books and records available for audit for a period as directed by Greenlots for at least as long as the period for retention of records for financial and performance audit. (e) Subscriber will indemnity Greenlots and: (a) its subcontractors, (b) any affiliate of Greenlots; and (c) any director, officer, employee, other person or Agency Personnel employed by or acting for and on behalf of Greenlots, its contractors or the affiliates of Greenlots and its contractors (the foregoing, "Greenlots Group"). A reference to Greenlots Group includes a reference to each of its members severally. for any liabilities arising out of Subscriber's breach of Anti -Corruption Laws or any related undertakings under this Article. 8. Confidentiality. Each party agrees to keep confidential the terms of this Agreement and all information, documents and materials, whether printed or oral, relating 7 to this Agreement, the parties and the transactions contemplated hereunder ("Confidential Information") confidential and not to disclose such Confidential Information except: (a) with the prior written consent of the other party; (b) as may be required by applicable laws or by the rules of any stock exchange or other authority by which a party may be bound (in which case the disclosing party shall immediately notify the other party thereof); (c) to its professional advisers, employees, officers or other representatives; (d) to any advisors and professional services providers which may be appointed by a party to give effect to the obligations of such party under this Agreement; and 9. Notices. All notices, requests, demands and other communications given by any of the parties hereunder shall be in writing and shall be given only by personal delivery, registered mail or courier service or sent by facsimile transmission or electronic mail to the addresses and facsimile numbers set forth in the introductory paragraph of this Agreement, or to such other address or facsimile number as the parties may from time to time notify the others in writing. Any such communication shall be deemed duly given in the case of personal delivery and courier service upon delivery and receipt of written acknowledgement thereof, in the case of registered mail ten days after posting, in the case of facsimile transmission or electronic mail upon transmission and receipt of a satisfactory transmission transcript; provided that if such day is not a Business Day or such time not a normal business hour then delivery shall be deemed to have occurred on the following Business Day. 10. Governing Law; Venue. This Agreement shall be governed by, and construed and enforced in accordance with the laws of the state of Delaware, without giving effect to any principles of conflict of laws. Any action or arbitration arising from this Agreement related thereto shall be commenced and maintained only in the State of Delaware. Each of the parties hereto consents to the jurisdiction and venue of the courts located there. 11. Dispute Resolution. Any dispute arising from this Agreement or related thereto shall be resolved by binding arbitration as provided by the rules of ADR Services, Inc. ("ADR") and in the office of ADR, located in Wilmington, Delaware. The parties each expressly waive the right to a jury trial, and agree that the arbitration award shall be final and binding on the parties. 12. Fees. Each party shall be responsible for paying its own expenses incurred in any proceeding to compel arbitration or to confirm or enforce an arbitral award or any resulting judgment, including attorney's fees. Each party shall bear its own expenses, including attorney's fees, incurred during arbitration. 13. MISCELLANEOUS Page 130 of 170 13.1 No Partnership. Nothing in this Agreement shall create a partnership or establish a relationship of principal and agent or any other fiduciary relationship between or among any of the parties. 13.2 Remedy. No remedy conferred by any of the provisions of this Agreement is intended to be exclusive of any other remedy available at law, in equity, by statute or otherwise. Each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law in equity, by statute or otherwise. The election by any party to pursue one or more of such remedies shall not constitute a waiver by such party of the right to pursue any other available remedy. The parties agree that monetary damages may not be a sufficient remedy for the damage which would accrue to a party by reason of failure by any other party to perform certain of the obligations hereunder. Any such party shall, therefore, be entitled to seek injunctive relief, including specific performance, to enforce such obligations. 13.3 Costs and Expenses. The parties agree that unless expressly provided otherwise in this Agreement, each of the parties shall bear its own respective costs and expenses, legal or otherwise, reasonably incurred in relation to preparation, negotiation and execution of this Agreement and all ancillary documents. 13.4 Further Assurance. Each of the parties shall, and shall use its reasonable endeavors to procure that any necessary third parties shall, execute and deliver to the other party such other instruments and documents and take such other action as may be required to carry out, evidence and confirm the provisions of this Agreement. 13.5 Variations. No purported variations of this Agreement shall be effective unless made in writing by all the parties. 13.6 Severability of Provisions. If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall, to that extent, be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected. 13.7 No Waiver. A party's failure to insist on strict performance of any provision of this Agreement shall not constitute a waiver thereof or of any right or remedy for breach of a like or different nature. No waiver shall be effective unless made in writing and signed by a duly authorized officer of the party granting such waiver. 13.8 Counterparts. This Agreement may be entered into in any number of counterparts and by the parties on separate counterparts, each of which when executed and delivered shall be an original, but all the counterparts shall together constitute one and the same instrument. 13.9 Force Majeure. If either party hereto is materially hampered from performing hereunder by reason of any law, natural disaster, labor controversy, war or any similar event beyond a party's reasonable control, failure to perform shall not be deemed a breach of or default under this Agreement and neither party shall be liable to the other therefore. 13.10 Interpretation. References to Recitals, Sections and Annexures are, unless otherwise stated, to recitals and sections of, and annexures to, this Agreement. References to any enactment shall be construed as references to (a) any enactment which that enactment has directly or indirectly replaced (whether with or without notification), and (b) that enactment as re-enacted, replaced or modified from time to time, whether before, on or after the date hereof. 13.11 Entire Agreement. This Agreement sets forth the entire agreement and understanding between the parties in connection with the license granted hereunder and the arrangements described herein and supersedes all prior oral and written agreements, memoranda, understandings and undertakings between the parties. 13.12 Successors. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns. END OF STANDARD TERMS 8 Page 131 of 170 ANNEXURE A LICENSED SOFTWARE The Licensed Software consists of an integrated Internet -based platform (SKY) that has bi-directional communication with Networked Charging Stations. The platform is made up of: 1. A back -end database 2. A front-end user interface for the Subscriber 3. A front-end user interface for the Customer 4. A mobile phone application for the Customer that is supported on Android and iOS operating systems. Support for additional operating systems may be added later at Greenlots' sole discretion 5. A payment collection and settlement system 6. A data collection and reporting system 7. A call center for Customer technical and payment support Together, the Licensed Software performs the following functions: 1. Provides a directory of Charging Stations belonging to the Subscriber, including all pertinent information such as address, serial number, manufacturer, model, charging type and price for Customers, if applicable 2. Reports the status of Charging Stations whether they are in -use, faulted, available or temporarily unknown 3. Enables the Subscriber to set a price for Customers to use these Charging Stations 4. Provides a payment method for Customers to pay for use of these Charging Stations 5. Provides a payment processor which complies with Payment Card Industry ("PCI") Data Security Standard DSS") of Visa and MasterCard. 6. Collects usage and charging data from these Charging Stations and provides them to the Subscriber in either CSV or graphical format 7. Provides first level technical support to Customers and routes them to the Charging Station manufacturer for escalation 8. Provides downloadable usage reports on a daily, weekly, monthly or annual basis consisting of individual charge session data (user ID, station ID, start time, end time, total duration, total kWh and total revenue) 9. Provides a monthly statement report detailing total revenue collected from Session Fees and total Greenlots Fees applicable SERVICES AND SERVICE LEVELS Greenlots shall provide services and support according to the following terms: 1. Phone support for payment and technical issues shall be provided to Customers 24 hours a day, 365 days a year 2. Greenlots shall ensure that scheduled system downtime occurs only between the hours of 9PM to 5AM Pacific Standard Time to avoid disruption to the Subscriber and Customers. 3. Greenlots shall ensure that unscheduled downtime be responded to immediately and every reasonable effort be made to restore service 4. The Subscriber acknowledges that some downtime may be attributed to Charging Station hardware and while Greenlots will promptly report and log the problem to the associated party; the duration of downtime in this instance is out of Greenlots' control 9 Page 132 of 170 CITY OF WATERLOO Council Communication Resolution approving a Temporary Construction Easement Agreement with O'Neal Steel, LLC, of Waterloo, Iowa, in the amount $1,035, in conjunction with the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 2680 Sergeant Road, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Easement Agreement ❑ Temporary Easement Plat SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo Cover Memo Date 2/26/2020 - 11:07 AM 2/26/2020 - 2:14 PM Resolution approving a Temporary Construction Easement Agreement with O'Neal Steel, LLC, of Waterloo, Iowa, in the amount $1,035, in conjunction with the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 2680 Sergeant Road, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval. Transmitted herewith is a request by the City of Waterloo accepting a certain temporary construction easement in the amount $1,035.00 with O'Neal Steel, LLC, for the FY 2020 Lot 2, Brock 3rd Addition Sanitary Sewer Extension, Contract No. 986, located at 2680 Sergeant Road. Please see the attached temporary easement agreement and easement plat. The City is going to extend a new sanitary sewer in this area to serve development west of Martin Road. $1,035.00 N/A Infrastructure and Economic Development. Page 133 of 170 Background Information: Legal Descriptions: This area is experiencing considerable growth of new commercial and light industrial development, and this new sanitary sewer will open up additional land for new development. See Attached Plat of Survey Page 134 of 170 Prepared by Tim Andera, 715 Mulberry Street, Waterloo, IA 50703. Phone (319) 291-4366 Return to preparer after recording. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement (the "Agreement") is entered into as of , 2020, by and between O'Neal Steel, LLC (f/k/a O'Neal Metals, Inc.) ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of $1,035.00, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Easement Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon the earlier of (i) , 2021 (12 months after the date of this Agreement) and (ii) conclusion of all construction, cleanup and demobilization activities upon the Easement Premises. Grantee shall not access or use any of Grantor's property located outside the Easement Premises for the purposes granted herein. 2. Purpose. Grantee, its employees, contractors and agents, may access and use the Temporary Easement to conduct activities reasonably necessary for the construction of certain drainage and utility improvements (the "Improvements"). Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Easement Premises, and Grantor shall have no liability relating to the Temporary Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Easement Premises in any way for Grantee's use. Following transfer of possession of the Easement Premises, Grantor shall have no further duty or obligation with respect to the Easement Premises, except as set forth herein. Grantor may mow grasses and vegetation growing in the Easement Premises, but may not conduct other activities upon the Easement Premises without the prior written consent of Grantee. Page 135 of 170 4. Grantee Duties. Grantee shall exercise the rights and privileges granted hereunder at its own risk and expense; shall minimize the actual area of the Easement Premises to be disrupted by the work; shall locate and protect any existing underground and above -ground utility lines; and, within 14 days after completion of the Improvements, shall clear the Easement Premises of all construction debris, restore the surface contours to those existing before the construction, revegetate the surface of the Easement Premises if necessary to minimize erosion, and reasonably restore any of Grantor's fences, personal property or other existing improvements disturbed by construction of the Improvements. Grantee shall comply with this Agreement and the requirements of all applicable laws and regulations, and shall obtain and comply with such licenses and permits as are required for Grantee's activities hereunder. Grantee shall require its contractor and construction agents to obtain and maintain in full force and effect all insurance required by law and such commercially reasonable insurance coverage as may be additionally required by Grantee to cover the risks associated with the construction activities hereunder. 5. Liens. Grantee shall not cause any mechanic's lien or other lien to be filed against the Easement Premises, or any part thereof by reason of construction of the Improvements. If any such lien shall at any time be filed against Grantor or the Easement Premises, then Grantee shall cause the same to be discharged of record within thirty (30) days of the date that Grantee receives notice of the same. 6. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. O'NEAL STEEL, LLC CITY OF WATERLOO, IOWA By: By: Quentin Hart, Mayor Its: 2 Attest: Kelley Felchle, City Clerk Page 136 of 170 STATE OF ) ) ss. COUNTY) Acknowledged before me on , 2020, by , as an authorized representative for O'Neal Steel, LLC. STATE OF IOWA ) ) ss BLACK HAWK COUNTY ) • Notary Public Acknowledged before me on , 2020, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 Page 137 of 170 INDEX LEGEND General Description: Part of the Southwest 1/4. Section 33—T89N—R13W, Waterloo Surveyor. David L Scheil (#16775) Surveying Company: Wayne Claossen Engineering & Surveying, Inc. 2705 University Avenue (P.O. Box 898) Waterloo, Iowa 50704 (319)235-6294 Plat Requested By: City of Waterloo Proprietor. O'neal Metals, Inc. For County Recorder EASEMENT PLAT Temporary Construction Easement LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT SHEET 1 OF 2 An Easement for Temporary Construction purposes over, under and across that part of the Southwest Quarter (SW 1/4) of Section Thirty-three (33), Township Eighty—nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa described as follows: A Thirty (30.00) foot Temporary Construction Easement as shown on sheet 2 of 2 of this Plat. ON 3113 S30 r- r NOTES: C E S 1. The basis of bearings for this Plat of Survey is the West line of the SW 1/4 assigned a bearing of N01'34'26"W as per Iowa State Plane Coordinate System, North Zone, 2011 adjustment. CERTIFICATION 1 hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Iowa. Signature: David L Scheil, P.L.S. Date- 20 License No 16775 Pages or Sheets Covered by this Seal: 2 My license renewal date is December 31, 2020 Page 138 of 170 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 120 1!0 1 INCH = 120 FEET NW CORNER, SW 1/4, SW 1/4, n SEC. 33—T89N—R13W al (FOUND 'X' CUT) DOC. No. 2018-14361 EASEMENT PLAT Temporary Construction Easement Part of the Southwest 1/4, Section 33—T89N—R13W, Waterloo, Black Hawk County, Iowa Proprietor: O'neal Metals, Inc. City of Waterloo 15.00' Right —of —Way Acquistition LD 569-606 LAND DEED 565-793 PROPRIETOR: O'NEAL METALS, INC. SHEET 2 OF 2 Existing San. Sewer Manhole 0 30' TEMPORARY CONSTRUCTION EASEMENT „o ^ Existing San. Sewer Ease., _ Wro San. (460.0l — o �Doa. No. 2020-06855 Poste Proposed San. Sewer 7 0 — Sewer Manhole aline JL P—roposed—San. Sewer Manhole 5 co co N O Z C E S 0 15.00' G O City of Waterloo 15.00' Right —of —Way Acquistition LD 570-062 CIIAIN LINK FENCE DRNEWAY—CONCRETE LAND DEED 568-786 PROPRIETOR: JARF, LC. in N 8 �N90'00'00'E 25' SW CORNER SEC. 33—T89N—R13W (FOUND LEAD PLUG) MISC. BOOK 332-906 RIDGEWAY AVENUE (RIGHT—OF—WAY VARIES) Existing Bldg. Existing San. Sewer line do co ON 3113 S30 J Page 139 of 170 CITY OF WATERLOO Council Communication Resolution approving a Construction Agreement with the Waterloo Water Works Board of Trustees, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Water Works Clerk Office ATTACHMENTS: Description City of Waterloo F.Y. 2020 Street Reconstruction Program, Contract 993 Agreement ci Reviewer Coon, Chad Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action Approved Approved Type Cover Memo Date 2/26/2020 - 10:37 AM 2/26/2020 - 2:03 PM Resolution approving a Construction Agreement with the Waterloo Water Works Board of Trustees, in conjunction with the FY 2020 Street Reconstruction Program, Contract No. 993, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving agreement with Waterloo Water Works Board of Trustees for the F.Y. 2020 Street Reconstruction Program. This agreement allows the City of Waterloo and the Waterloo Water Works to work together through the bidding and construction process for reduced expenses for both parties, while maintaining separate costs for each independent Division of work. Division I will be the City of Waterloo and Division II will be the Waterloo Water Works. The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payments within fifteen (15) days of said billing. Waterloo Water Works operating funds, generated primarily from water sales. Page 140 of 170 CITY OF WATERLOO F.Y. 2020 STREET RECONSTRUCTION PROGRAM, CONTRACT No. 993 AGREEMENT NOW on this day of , 2020, the Waterloo Water Works and the City of Waterloo, Iowa, enter into this Agreement for and in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. I. RECITALS WHEREAS, the street reconstruction and water main replacements and extensions are to be constructed in the same corridors (Refer to E. AREA COVERED) in which the parties have some interest, are proposed to be constructed in calendar year 2020; and WHEREAS, the parties presently have varying degrees of responsibilities for the reconstruction of various streets in the F.Y. 2020 Street Reconstruction Program, Contract No. 993 and the replacement and extension of the existing water main in the streets listed below in E. AREA COVERED; and WHEREAS, the parties believe that the payments to be made to the contractor would best be handled by the City of Waterloo. NOW, THEREFORE, the parties agree as follows: II. TERMS OF AGREEMENT A. PURPOSE. Refer to Recitals. B. JURISDICTION. The jurisdiction for responsibility for design, inspection and funding shall be: Division I — City of Waterloo Division II — Waterloo Water Works C. FINANCING. The Waterloo Water Works and the City of Waterloo shall share the costs for the Project according to the following: 1. The Waterloo Water Works shall pay for the entire cost of reconstruction or extension of the water mains along the proposed corridors. (Division II) 2. The City of Waterloo shall pay for the entire cost of reconstruction of the streets along the proposed corridors. (Division I) Page 141 of 170 3. The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. 4. Financing for this Project shall be the responsibility of each of the parties hereto as reflected in this Agreement. D. ADMINISTRATION OF AGREEMENT. The Waterloo Water Works shall prepare plans, specifications, estimate of quantities, estimate of cost, etc. and submit them to the City, to be included in the contract as Division II. A licensed professional engineer in the state of Iowa, who is a representative of the Waterloo Water Works, shall sign the Division II Plans and Specifications. The City of Waterloo shall follow the current City bidding procedures for the project and administer the letting phase of this project. The construction phase of this project shall be administered with City of Waterloo for Division I and Waterloo Water Works for Division II. The Waterloo Water Works shall be notified of all meetings involving said Project and shall have the right of review and acceptance for each of the following phases for Division II: 1. Bid Award Approval; 2. Final Construction Approval. E. AREA COVERED. The area covered by this Agreement shall be: Maxine Avenue — from the east intersection of Joy Drive, west to the intersection of Gayle Street (1100-1200 blocks) F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this day of , 2020. Page 142 of 170 Waterloo Water Works By: Mary Potter, Chair Board of Trustees Waterloo Water Works ATTEST: Chad Coon, General Manager and Board Secretary STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary Potter and Chad Coon, to me personally known, and who, being by me duly sworn, did say that they are the Board of Trustees Chair and the General Manager and Board Secretary, respectively, of the Waterloo Water Works; and that the instrument was signed and sealed on behalf of the utility by authority of its Board of Trustees as contained in the Resolution adopted by the Board of Trustees, on the day of , 2020 and that Mary Potter and Chad Coon acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the utility, by it voluntarily executed. Notary Public in and for the State of Iowa Page 143 of 170 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor City of Waterloo ATTEST: Kelley Felchle, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of , 2020, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 144 of 170 CITY OF WATERLOO Council Communication Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Water Works Coon, Chad Approved 2/26/2020 - 10:37 AM Clerk Office Even, LeAnn Approved 2/26/2020 - 2:05 PM ATTACHMENTS: Description City of Waterloo F.Y. 2020 University Avenue Reconstruction - Phase 3, Contract 971 Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Type Cover Memo Resolution approving a Construction Agreement with Waterloo Water Works Board of Trustees, in conjunction with the FY 2020 University Avenue Reconstruction - Phase 3, Contract No. 971, and authorizing the Mayor and City Clerk to execute said document. Submitted By: Chad Coon, General Manager, Waterloo Water Works Adopt a resolution approving agreement with Waterloo Water Works Board of Trustees for the F.Y. 2020 University Avenue Reconstruction - Phase 3. This agreement allows the City of Waterloo and the Waterloo Water Works to work together through the bidding and construction process for reduced expenses for both parties, while maintaining separate costs for each independent Division of work. Division I will be the City of Waterloo and Division II will be the Waterloo Water Works. The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. Waterloo Water Works operating funds, generated primarily from water sales. Page 145 of 170 CITY OF WATERLOO F.Y. 2020 UNIVERSITY AVENUE RECONSTRUCTION - PHASE 3 CONTRACT No. 971 AGREEMENT NOW on this day of , 2020, the Waterloo Water Works and the City of Waterloo, Iowa, enter into this Agreement for and in consideration of the mutual covenants and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. I. RECITALS WHEREAS, the University Avenue reconstruction and water main replacements and extensions are to be constructed in the same corridors (Refer to E. AREA COVERED) in which the parties have some interest, are proposed to be constructed in calendar year 2020; and WHEREAS, the parties presently have varying degrees of responsibilities for the reconstruction of University Avenue in the F.Y. 2020 University Avenue Reconstruction - Phase 3 Contract No. 971, and the replacement and extension of the existing water main in the segment of University Avenue listed below in E. AREA COVERED; and WHEREAS, the parties believe that the payments to be made to the contractor would best be handled by the City of Waterloo. NOW, THEREFORE, the parties agree as follows: II. TERMS OF AGREEMENT A. PURPOSE. Refer to Recitals. B. JURISDICTION. The jurisdiction for responsibility for design, inspection and funding shall be: Division I — City of Waterloo Division II — Waterloo Water Works C. FINANCING. The Waterloo Water Works and the City of Waterloo shall share the costs for the Project according to the following: 1. The Waterloo Water Works shall pay for the entire cost of reconstruction or extension of the water mains along the proposed corridors. (Division II) 2. The City of Waterloo shall pay for the entire cost of reconstruction of University Avenue along the proposed corridor. (Division I) Page 1 of 4 Page 146 of 170 3. The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. 4. Financing for this Project shall be the responsibility of each of the parties hereto as reflected in this Agreement. D. ADMINISTRATION OF AGREEMENT. AECOM shall prepare plans, specifications, estimate of quantities, estimate of cost, etc. and include them in the contract as Division II. A licensed professional engineer in the state of Iowa, shall sign the Division II Plans and Specifications. The City of Waterloo shall follow the current City bidding procedures for the project and administer the letting phase of this project. The construction phase of this project shall be administered with City of Waterloo for Division I and Waterloo Water Works for Division II. The Waterloo Water Works shall be notified of all meetings involving said Project and shall have the right of review and acceptance for each of the following phases for Division II: 1. Bid Award Approval; 2. Final Construction Approval. E. AREA COVERED. The area covered by this Agreement shall be: a. University Avenue — from Evergreen Avenue to Sergeant Road F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this day of , 2020. Page 2 of 4 Page 147 of 170 Waterloo Water Works By: Mary Potter, Chair Board of Trustees Waterloo Water Works ATTEST: Chad Coon, General Manager and Board Secretary STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary Potter and Matthew L. Mahler, to me personally known, and who, being by me duly sworn, did say that they are the Board of Trustees Chair and the General Manager and Board Secretary, respectively, of the Waterloo Water Works; and that the instrument was signed and sealed on behalf of the utility by authority of its Board of Trustees as contained in the Resolution adopted by the Board of Trustees, on the day of , 2020 and that Mary Potter and Chad Coon acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the utility, by it voluntarily executed. Notary Public in and for the State of Iowa Page 3 of 4 Page 148 of 170 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor City of Waterloo ATTEST: Kelley Felchle, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2020, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of , 2020, and that Quentin Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa Page 4 of 4 Page 149 of 170 CITY OF WATERLOO Council Communication An ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Article B1, Definitions, and Article B2A, Nuisance Declared, Abatement Required, of Chapter 5, Vegetation, all of Title 7, Public Ways and Property. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Code Enforcement Clerk Office ATTACHMENTS: Description ❑ Proposed Ordinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Background Information: Reviewer Petersen, Marty Even, LeAnn Action Approved Approved Type Backup Material Date 2/25/2020 - 4:07 PM 2/25/2020 - 4:38 PM Motion to receive, file, consider, and pass for the first time an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by amending Article B 1, Definitions, and Article B2A, Nuisance Declared, Abatement Required, of Chapter 5, Vegetation, all of Title 7, Public Ways and Property. Motion to suspend the rules. Motion to receive, file, consider, and pass for the second and third times and adopt said ordinance. Submitted By: Martin M. Peterson, City Attorney Adopt Ordinance Code Enforcement is asking to amend the City Code by adding the definition of "Volunteer Trees" for nuisance abatement purposes. Amend 7-5B-1 Definitions: by adding: Volunteer Tree: A volunteer tree is one that grows on its own, rather than being deliberately planted. Amend 7-5B-2A by adding volunteer trees to: A. Abatement Required: All weeds, vines, brush,volunteer trees, grass and noxious weeds as defined by the Iowa Code, or other growths which exceed a height of twelve inches (12") growing on lots and parcels of ground within the corporate city limits, are declared to be a weed hazard or a public nuisance; provided, however, that such height shall not exceed eight inches (8") on any lot or parcel of ground that has residential zoning classification. Such hazards and nuisances shall be abated by the property owner or person in possession of the property. Adding the removal of volunteer trees will help enhance the overall appearance of neighborhoods. It would allow for voluntary trees growing up and around houses, garages, along alleys, and fences to be removed. Every Page 150 of 170 year, Code Enforcement receives several complaints of voluntary trees being a blight issue to the neighborhoods. They are not considered to be a weed. Page 151 of 170 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5542 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING ARTICLE B1, DEFINITIONS, AND ARTICLE B2A, NUISANCE DECLARED, ABATEMENT REQUIRED OF CHAPTER 5, VEGITATION, ALL OF TITLE 7 PUBLIC WAYS AND PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: 1. That Title 7, Public Ways and Property of the Code of Ordinances of the City of Waterloo, is amended as set forth below: That Section 1, Definitions, of Article B, Weeds, Chapter 5, Vegetation, of said Title 7 is hereby amended as follows: 7-5B-1: Definitions: VOLUNTEER TREE: A volunteer tree is one that grows on its own, rather than being deliberately planted. That Subsection A, Abatement Required, of Section 2, Nuisance Declared, Article B, Weeds, Chapter 5, Vegetation, of said Title 7, is hereby amended as follows: 7-5B-2: Nuisance Declared: A. Abatement Required: All weeds, vines, brush, volunteer trees, grass and noxious weeds as defined by the Iowa Code, or other growths which exceed a height of twelve inches (12") growing on lots and parcels of ground within the corporate city limits, are declared to be a weed hazard or a public nuisance; provided, however, that such height shall not exceed eight inches (8") on any lot or parcel of ground that has a residential zoning classification. Such hazards and nuisances shall be abated by the property owner or person in possession of the property. INTRODUCED: March 2, 2020 PASSED 1st CONSIDERATION: March 2, 2020 PASSED 2nd CONSIDERATION: March 2, 2020 PASSED 3rd CONSIDERATION: March 2, 2020 PASSED AND ADOPTED this 2nd day of March 2020. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Page 152 of 170 Ordinance No. 5542 Page 2 CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5542 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 2nd day of March 2020. Witness my hand and seal of office this 2nd day of March 2020. Kelley Felchle City Clerk SEAL Page 153 of 170 CITY OF WATERLOO Council Communication Leisure Services Commission Board minutes of January 14, 2020. City Council Meeting: 3/2/2020 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 2/13/2020 - 12:17 PM Clerk Office Higby, Nancy Approved 2/25/2020 - 10:15 AM ATTACHMENTS: Description Type ❑ 01/14/2020 Minutes Backup Material SUBJECT: Leisure Services Commission Board minutes of January 14, 2020. Submitted by: Submitted By: Page 154 of 170 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, January 14, 2020 Byrnes Park Office 1101 Campbell Avenue Brenda Durbahn called the meeting to order at 7:30am. Present: Brenda Durbahn, Jadyn Spencer, Tom Christensen, Sharon Samec, Tom Powers, Council Liaison Dave Boesen Staff: Paul Huting, Chris Dolan, Travis Nichols, Mark Gallagher, JB Bolger and Bill Bachman Absent: Bob Bamsey, Xavier Leonard Brenda Durbahn called for approval of the agenda. Motion to approve agenda by Tom Powers second by Tom Christensen Ayes: All. Nays: None Introductions were held. Dave Boesen was welcomed as the Council Liaison. Brenda Durbahn called for motion for approval of the 12/10/19 meeting minutes. Motion by Sharon Samec to approve minutes, second by Tom Powers Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Motion by Tom Powers to approve bills, second by Sharon Samec Ayes: All Nays: None COMMITTEE REPORTS: No committee meetings were held. ELKS MEMORIAL PARK PLAY STRUCTURE REPLACEMENT Play equipment at Elks Memorial Park was removed due to continuing vandalism and deterioration. A proposal from Boland Recreation for new equipment was distributed. The commission recommended to submit to Council for approval. FYE2021 BUDGET PROCESS UPDATE Personal Services budget information has been submitted to the Finance Department. Contractual and commodities line item requests have also been submitted. Additional contractual funds will be requested for maintenance of the new University Avenue corridor. The FYE202krbudget must be certified by the end of March. 1 STAFF UPDATES Young Arena — Chris Dolan The Battle of Waterloo Wrestling tournament held in December was the largest ever. Another smaller wrestling tournament will be held this weekend. The Black Hawks are leading their division. The lighting project is complete. The flag poles have been moved. Sports and SportsPlex — Mark Gallagher Winter sports activities are being held. Staff will be meeting with the Waterloo Schools to discuss swim instruction at the schools. Two or three more political events are being tentatively scheduled for the sportsplex. Staff is starting research on replacing the cardio equipment. The staining is back on the indoor pool. Membership renewal night is tonight. A 7 on 7 Flag football tournament has been scheduled. Page 155 of 170 Forestry — Todd Derifield Forestry Crews are working on trim requests. Staff is working on winter maintenance on equipment. Staff is helping with Christmas tree pickup and chipping of the trees. The Young Family Foundation has made another donation to allow the Plant Waterloo tree program to be held again this spring. Working on getting bids for various tree plantings for this spring. Green Belt Lake project is in the design stage. Construction — Travis Nichols Crews are running the winter garbage routes, working on inspections and routine maintenance in the parks. Riverfront Seating Project is now complete. The Boat House parking lot project is complete. Spohn has provided the drawings for the skate park. There was a consensus to take the design to Council for approval. Once approved, the vendor can begin the construction of the components to be in the park. Then when the weather changes the vendor can begin installation. Golf and Downtown Area — JB Bolger JB shared photos of the Lincoln Park project and the Gates Maintenance Building project. Golf rounds report was distributed. Greg Svoboda was promoted to Downtown area maintenance foreman. RAGBRAI has strongly encouraged Waterloo to be present at the upcoming meeting where they announce the route of the bike ride. if there is enough snow, crews will begin the grooming process for the cross country skiing The next regular Leisure Services Commission Meeting will be held Tuesday, February 11, 2020 at the 1101 Campbell office. Bob Bamsey will not be at the meeting for the next two months. Brenda Durbahn a•1ourned the meeting at 8:15am S aron Samec, Secretary Signed this Date Page 156 of 170 CITY OF WATERLOO Council Communication Board of Adjustment minutes of October 29, 2019. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 2/26/2020 - 9:25 AM Clerk Office Higby, Nancy Approved 2/26/2020 - 10:02 AM ATTACHMENTS: Description Type ❑ minutes 10-29-19 Cover Memo SUBJECT: Board of Adjustment minutes of October 29, 2019. Submitted by: Submitted By: Page 157 of 170 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON OCTOBER 29, 2019 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Condon called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Brad Condon, April Leadley, John Beckman and Jeri Thornsberry. Board members absent were John Chiles. Staff in attendance were: Aric Schroeder, Seth Hyberger and Chris Western. I. Approval of the October 29, 2019 agenda. It was moved by Thornsberry and seconded by Beckman to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, September 24, 2019. It was moved by Beckman, seconded by Leadley to approve the minutes of the September 24, 2019 Regular Meeting. Motion carried unanimously. III. Decision Items 1. Request by Deer Creek Development LLC for a special permit to allow for the placement of approximately 16,000 cubic yards of clean fill to bring the property up to Base Flood Elevation for future development located west of 3301 Greyhound Drive. Western gave the staff the report that recommended approval of the request for the following reasons: 1. The request would not appear to have a negative impact upon the surrounding area, and would appear to be a good project that will provide greater opportunities for infill development. 2. Approval of the request would allow the applicant to get the property re -designated as not in a Special Flood Plain classification therefore making the property marketable for future commercial infill development. And subject to the following condition(s): 1. That the site plan meets all applicable city codes, regulations, etc., including but not limited to parking, drainage, landscaping, etc. Condon asked if the city requires letter of map amendments (LOMA's) or are building permits simply granted based on documentation submitted by developers. Western stated that building permits are granted based on documentation submitted by the developer. Condon stated he thought it was a mistake that a LOMA is not required when a properties base elevation is changed and that simply relying on fill documentation submitting by contractors isn't enough. Beckman asked if the area that is going to be filled will be higher than the area to the south. Thornsberry expressed concern for the existing parking being damaged by excess water runoff due to the area to the north would be higher than the parking lot. Schroeder stated that the applicant owns both parcels and that the path that water drains off of the site is generally from south to north and east to west towards Black Hawk Creek. The infill would not appear to have a negative effect on the area and given that the developer owns the parking, they would not want the parking damaged either. Beckman asked about the possible effects to the area to the north. Schroeder stated that the site plan shows a drainage ditch that will catch water flowing north and diverting it to the west towards the storm water detention pond. Beckman asked if there would be an impact on the Greenbelt. Schroeder stated that there would be minimal impact, even if the entire 100 Year flood plain was all filled the maximum increase would be a foot or less as required by FEMA. Harold Youngblut stated the parking lot is sloped towards were the former Greyhound Track building was and funnels all of the Page 158 of 170 BOARD OF ADJUSTMENT October 29, 2019 Minutes water to the west to an existing retention pond. Therefore, all of the water will run to the south or to the north, and then be directed west to the detention area. Youngblut noted that the area currently drains this way now, and raising the area will not change the drainage, so will not have any negative impacts. Beckman asked about the area to the north and if there was any intentions to fill the area to the north. Youngblut stated that there is a drainage ditch that will divert water to the west and an alfalfa field. Portions of the alfalfa field will be filled sometime in the future. Beckman asked what effect filling in the area to the north would have on the existing businesses are. Youngblut stated the businesses to the north have already been raised, so it would not have an effect. Youngblut went on to state that the intent is to get the entire area elevated prior to selling properties and then have the new business go through the process of certifying the base elevation to prevent having to have special flood insurance. Beckman asked if the water runoff in the area to the west of Greyhound Drive will run west and north. Youngblut stated that in that area, yes the water generally flows to the west and north. Leadley asked what the impact downstream would be on Waterloo and how much more water can the river hold. Schroeder stated that as the area is developed there will be more water detention areas created to control the rate of runoff for the difference of the 5 year uncontrolled rate vs 100-year developed rate. Also the Black Hawk Creek is protected by a flood control system that allows for a minim 3' freeboard above and beyond the 100-year flood. Beckman asked if the conditions for approval are sufficient. Condon stated that he would like to see the policy allowing building permits for sites that have been raised be required to obtain a LOMA first because it has caused problems in the lending industry. Leadley reiterated her concern what the filling will affect the river downstream. It was moved by Beckman, seconded by Thornsberry to approve the request by Deer Creek Development LLC for a special permit to allow for the placement of approximately 16,000 cubic yards of clean fill to bring the property up to Base Flood Elevation for future development located west of 3301 Greyhound Drive. Motion carried unanimously. 2. Request by Nagle Signs on behalf of Cedar Valley Community Church for a variance to the sign regulations to allow for the installation of a 19' tall x 16 wide 304 SF monument sign, 7' taller than the maximum height allowed of 12' and two 6 SF signs, for a total of 316 SF of signage, 252 SF more than the maximum of 64 SF allowed in an "R-1" One and Two Family Residence District and "R-3" Multiple Residence District located at 3520 Ansborough Avenue. Western gave the staff the report that recommended approval of the request for the following reasons: 1. The property is located along Ansborough Avenue which is classified as a Minor Arterial roadway. 2. The existing sign has existed for approximately 20 plus years without any complaints and the proposed sign would reduce the non -conformity by decreasing the height of the sign and the square footage of the sign. 3. The sign is an important tool for keeping members of the congregation and the public aware of the many programs and public events offered by the church. Leadley asked for clarification what signs are currently on site. Schroeder stated that there was a misprint in the middle of the staff report were it states that the existing sign is 171 square but is actually 400 square feet. Leadley asked what size of sign would be permitted without a variance. Schroeder stated the ordinance states uses that are required to have a Special Permit in a "R-1","R- 2", "R-3", and "R-4" zoning districts are restricted by linear street footage but is limited to a maximum of 64 square feet but can be restricted to less than 64 square where sites have little street frontage. Brian Buss with Nagle signs explained that the applicant is looking to reduce the square footage of the sign. Buss asked for clarification on how many directional signs there where. 2 Page 159 of 170 BOARD OF ADJUSTMENT October 29, 2019 Minutes Schroeder stated that there are three 6 square foot signs but only one meets the definition of a directional sign and does not need a variance but the other two do. Buss stated he reached out to the neighbors directly across Ansborough and received signed petitions in favor of the request. Beckman asked if there would be any digital signage in the monument sign. Buss stated that there would not be. Beckman asked for clarification as to the location of the directional signs. Buss stated that there would be 2 along Ridgemont Road and one at the Ansborough entrance all located inside the property line. It was moved by Beckman, seconded by Leadley to approve the request by Nagle Signs on behalf of Cedar Valley Community Church for a variance to the sign regulations to allow for the installation of a 19' tall x 16 wide 304 SF monument sign, 7' taller than the maximum height allowed of 12' and two 6 SF signs, for a total of 316 SF of signage, 252 SF more than the maximum of 64 SF allowed in an "R- 1 " One and Two Family Residence District and "R-3" Multiple Residence District located at 3520 Ansborough Avenue. Motion carried unanimously. 3. Request by Expedite The Diehl on behalf of Mercy One for a variance to the "R-3" Multiple Residence District sign regulations to allow for 607 SF of existing signage to remain, to replace 2,272 SF of existing tenant signage with 1,739 SF of new signage, and construct a new 28 SF wall sign at Mercy One Hospital campus in an "R-3" Multiple Family Residence District, located at 3421 W 9th Street. Heyberger gave the staff report that recommended approval of the request for the following reasons: 1. The proposed signs would not appear to have a negative impact on surrounding uses, as the majority of the property is of commercial use and owned by Mercy One. 2. There would appear to be some uniqueness to the request, as the "R-3" sign regulations limit signage to only 64 SF on only two sides, and this prevents the signage needed to effectively direct clients to their business and the services that they provide. 3. The request would not appear to have a negative impact on the area and would be compatible with surrounding uses. 4. Staff has heard no objections to the request. Ledley asked if there is a code that specifies how bright or how many lumens the signage can have. Hyberger stated that there is not. Brian Buss of Nagle signs explained the importance of having proper signage for hospitals to ensure patients know were to go particularly emergency service vehicles. It was moved by Thornsberry, seconded by Leadley to approve the request by Expedite The Diehl on behalf of Mercy One for a variance to the "R-3" Multiple Residence District sign regulations to allow for 607 SF of existing signage to remain, to replace 2,272 SF of existing tenant signage with 1,739 SF of new signage, and construct a new 28 SF wall sign at Mercy One Hospital campus in an "R-3"Multiple Family Residence District, located at 3421 W 9th Street. Motion carried unanimously. 4. Request by Nagle Signs Inc. on behalf of Mercy One for a variance to the "R-3" Multiple Residence district sign regulations to allow for the removal and replacement of a 70 SF backlit wall sign with a new 70 SF backlit wall sign, to allow for the removal and replacement of an 22 SF tenant panel within an existing backlit cabinet sign and to legalize an existing 7' tall x 6' wide, 42 SF monument sign for a total 134 SF of signage, 111 SF over the maximum allowed of 23 SF allowed in the "R-3" Multiple Residence District located at 2055 Kimball Avenue. 3 Page 160 of 170 BOARD OF ADJUSTMENT October 29, 2019 Minutes Hyberger gave the staff report that recommended approval of the request for the following reasons: 1. There appears to be a lack of reasonable return as the property's limited street frontage severely limits the ability to provide adequate signage for Kimball Ridge Medical Center and denial of the request could deny the owner reasonable use of the property. 2. There would appear to be some uniqueness to the request, as the "R-3" sign regulations limit signage to only 23 SF, and this prevents the signage needed to effectively direct clients to their business and the services that they provide. 3. The request would not appear to have a negative impact on the area and would be compatible with surrounding uses. 4. Staff has heard no objections to the request. Condon asked about an existing monument sign at the corner of Kimball Avenue and Ridgeway Avenue and if it will come to the board for reviews as it appears that it will need to be refaced. Seth stated that the monument sign is legally permitted and would not need to be reviewed. Buss explained that the sign was run into by a vehicle and has a temporary sign that advertises Mercy One. Ryann Meir of Mercy One stated that there are no plans to update the sign as the property is for sale. Beckman asked for clarification as to the location of the monument sign. Buss explained where the sign is located. It was moved by Leadley, seconded by Beckman to approve the request by Nagle Signs Inc. on behalf of Mercy One for a variance to the "R-3" Multiple Residence district sign regulations to allow for the removal and replacement of a 70 SF backlit wall sign with a new 70 SF backlit wall sign, to allow for the removal and replacement of an 22 SF tenant panel within an existing backlit cabinet sign and to legalize an existing 7' tall x 6' wide, 42 SF monument sign for a total 134 SF of signage, 111 SF over the maximum allowed of 23 SF allowed in the "R-3" Multiple Residence District located at 2055 Kimball Avenue. Motion Carried unanimously. III. Discussion There were no discussion items. IV. Adjournment It was moved by Beckman, seconded by Thornsberry to adjourn the meeting at 5:09 p.m. Motion carried unanimously. Sincerely, Ci%rist0er IV Wester r Christopher W. Western Planner II/Brownfield Coordinator 4 Page 161 of 170 CITY OF WATERLOO Council Communication Planning, Programming & Zoning minutes of January 7, 2020. City Council Meeting: 3/2/2020 Prepared: 2/25/2020 REVIEWERS: Department Reviewer Action Date P lanning & Zoning Schroeder, Aric Approved 2/26/2020 - 9:26 AM Clerk Office Even, LeAnn Approved 2/26/2020 - 2:38 PM ATTACHMENTS: Description Type ❑ minutes 1/7/20 Cover Memo SUBJECT: Planning, Programming & Zoning minutes of January 7, 2020. Submitted by: Submitted By: Page 162 of 170 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. January 7, 2020 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Wilber at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Marcia Buttgen, Craig Holdiman, Eric Donat, Virginia Wilber, Sue Flynn, and Patrisha Serfling. Members absent were: Steve Trost, there is currently two vacancies on the commission. Others present: Aric Schroeder and John Dornoff — Planning Department, Tim Jamison — Waterloo Courier, and 2 citizens. I. Approval of the Agenda It was moved by Donat, seconded by Flynn to approve the agenda with an amendment to combine items A-2 and B-1. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on December 3, 2019. It was moved by Serfling, seconded by Donat to approve the minutes. Motion carried unanimously. III. Financial Report: November 2019 Schroeder read the financial report. Flynn asked about the budget for software as it seemed low to her with department already spending $600 to which Schroeder responded that most software purchases is done through the IT department but there was a change in how the GIS software is done so it is different this year than normal. It was moved by Holdiman, seconded by Buttgen to receive and place the financial report on file. Motion carried unanimously. IV. Oral Presentations Belinda Elliott, 1255 Northey asked if the rezone of 1233 Northey Street which was withdrawn by the applicants is brought the matter back before the commission and city council and it is approved would it affect her home to which Schroeder responded no it would not affect her property, only the lot in question. V. New Business A. Hearings — Site Plan Amendments 1. Request by New Star for a Site Plan Amendment in the "S-1" Shopping Center District for exterior changes to the existing building located at 315 Fletcher Avenue. It was moved by Buttgen, and seconded by Donat to receive and place on file the statement of verification at 4:07p.m. Motion carried unanimously and Wilber declared the hearing open. Schroeder read the staff report recommending approval of the request with the condition that landscaping be placed at the site to help "soften" the appearance of the vertical metal siding. Page 163 of 170 Planning and Zoning Commission January 7, 2020 Holdiman asked if by recommending approval of this building, would a precedent be set to which Schroeder responded that there was extenuating circumstances in this case so a precedent should not be a concern. Cliff Butler, 409 Summit Avenue, stated that siding on the building was not a problem and that there is house on Reber that has metal siding and it does not detract from the neighborhood. Flynn asked if new protocols have been created since this incident with the building department to which Schroeder stated that discussions is ongoing on how to best to handle these situations but at this point the building department will discuss any similar request with the planning department before issuing a permit. Buttgen stated that she had visited the site and now feels comfortable with the request however, asked if people have to show what they will be doing with a building when applying for a permit and what the staff report means about requiring a site plan amendment to which Schroeder responded that what needs to be presented for a building permit is minimal, and explained the site plan process. Holdiman asked if the planning department had received any complaints about the request to which Donat stated that he received 2 emails from citizens telling him what they thought of the request. Holdiman asked if metal siding would be allowed on a residential property to which Schroeder responed that metal siding is not allowed on an accessory structure including attached garages but it is not restricted currently on residential structures that do not have an attached garage. Serfling stated that she would abstain from voting due to a possible conflict of interest. It was moved by Holdiman, seconded by Donat to close the public hearing. Motion carried unanimously. The hearing was closed at 4:23 p.m. It was moved by Flynn, seconded by Buttgen to recommend approval of the site plan amendment with the condition that landscaping be placed at the site to help "soften" the appearance of the vertical metal siding. Motion carried unanimously. 2. Request by the City of Waterloo to rezone approximately 0.52 acres from "R-2" One and Two Family Residence District to "M-1" Light Industrial District located at adjacent to 915 Linden Avenue. It was moved by Flynn and seconded by Holdiman to receive and place on file the statement of verification at 4:25 p.m. Motion carried unanimously and Wilber declared the hearing open. Dornoff read the staff report recommending approval of the rezone request. Donat asked what a Brownfield was to which Dornoff explained. Flynn asked if there was any contamination at the site to which Schroeder responded there is contamination but it was declared to be within safe limits and the EPA is considering removing the site from oversite. It was moved by Holdiman, seconded by Buttgen to close the public hearing. Motion carried unanimously. The hearing was closed at 4:35 p.m. It was moved by Buttgen, seconded by Serfling to recommend approval of the rezone. Motion carried unanimously C. Vacates 1. Request by the City of Waterloo to vacate 2000 square feet of alley right-of-way located west of 915 Linden Avenue. Item was read under A-2 2 Page 164 of 170 Planning and Zoning Commission January 7, 2020 It was moved by Buttgen, seconded by Serfling to recommend approval of the vacate. Motion carried unanimously. VI. Discussion Donat asked if there was going to be a special meeting to discuss sidewalks. Schroeder said that it would not necessarily have to be a special meeting as it could be added to the agenda but it cannot be guaranteed that it would be a short meeting like this one or it can be a special meeting before the meeting or on a separate date. Commission extensively discussed what role the commission should play in having a sidewalk policy with Schroeder noted that the Complete Streets Committee is looking at a sidewalk infill policy but noted that the current subdivision ordinance does not require sidewalks in commercial and industrial areas. Donat and Buttgen will attend the next Complete Streets Committee meeting to discuss the issue of sidewalks. The next meeting is scheduled to be on February 11, 2020 which was moved from February 4, 2020 due to the City Council moving their meeting from February 3 to the 4th to accommodate Iowa Caucuses being held on February aid VII. Adjournment It was moved by Serfling, seconded by Holdiman, to adjourn the meeting at 5: 00 p.m. Motion carried unanimously. Respectfully submitted, John Dornoff, Planner I 3 Page 165 of 170 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of December 17, 2019. City Council Meeting: 3/2/2020 Prepared: 2/26/2020 REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 2/26/2020 - 10:13 AM Clerk Office Even, LeAnn Approved 2/26/2020 - 2:38 PM ATTACHMENTS: Description Type ❑ minutes 12/17/19 Cover Memo SUBJECT: Historic Preservation Commission minutes of December 17, 2019. Submitted by: Submitted By: Page 166 of 170 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — December 17, 2019— 4:30 P.M. Mollenhoff Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance were: Ed Ottesen, Terry Stevens, Susan Price, Alice Rohret, and Maddie Morehouse. Commission Member(s) absent were: Nick Hedrick. Others Present: Pat Morrissey — City Council Liaison; John Dornoff — Planning Staff; and Ed Gallagher — Grout Liaison. Approval of Agenda Motion made by Morehouse, seconded by Rohret to approve the agenda of the December 17, 2019 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Hedrick, seconded by Rohret to approve the minutes of the November 19, 2019 meeting. Motion carried unanimously. Oral Presentations Morrissey said that the commission needs to become a sub -department of the city under the Community Planning and Development department with its own budget. Gallagher asked if there was any examples of this to which Morrissey responded Dubuque has its own department under planning. Hearings Request for a Certificate of Appropriateness for a replacement window at 1209 Vine Street. Dornoff noted that at the November 19th, 2019 meeting the item was tabled for an email vote, however after discussions with staff and legal it was advised that an email vote would not be appropriate and that the commission needed to bring the item back to the floor and vote on it. Ottesen went over the discussion at the previous meeting. Motion made by Price, seconded by Morehouse to bring the item back to the floor. Motion carried unanimously. Motion made by Price, seconded by Stevens to deny the Certificate of Appropriateness. Motion carried unanimously. -1- Page 167 of 170 Request by the City Engineering Department for a signature from the commission stating there is not a historic bridge along Shaulis Road between Texas Street and Foulk Road. Dornoff explained the request by the Engineering Department noting that the city has no record of a historic bridge where the state says there is one. Motion made by Price, seconded by Rohret to allow Ottesen to sign the document stating there is not a historic bridge along Shaulis Road. Motion carried unanimously Reports 1. Main Street Winter Wonderloo was successful with the 5K run attracting 60 runners. Main Street Design Review has been invited to give input into the replacement of the 11th Street and Park Avenue bridges. 2. Silos and Smokestacks. No Report 3. Grout Museum Grout is starting to look for historic houses to include in the 2020 historic home tour. The museum has just opened a display on the 19th Amendment to the United States Constitution. Gallagher encouraged everyone to join the Grout and noted the recipical agreement that covers museums throughout the United States. Rohret noted that it included the museums they visited in South Korea. 4. Building Update It was noted that the Grout wants to work with the commission on saving homes. Morrissey noted that there is $50,000 from the CIP for the Dunsmore and asked what the plan is for the house. He stated that he will bring it up during Oral Presentations at the December 30th City Council meeting and encouraged the commission members to come and make presentations also. Morrissey and Stevens both said that the building should be fixed up and used by the Historic Commission and the commission should start meeting there. Gallagher suggested a foundation be set up to take care of the building. 5. Project Update Dornoff noted that the Civil Rights grant has been extended for another year due to the National Park Service going to a new computer system. However, he will not notify the consultant until he receives written confirmation of the change. While the date has changed, the amount of money allocated has not. -2- Page 168 of 170 6. Highland Dornoff stated that a letter was included in the packet for commissioners to look over and make suggestions to be voted on at the next meeting discussing the benefits and responsibilities of living in a historic district. The letter will also be sent to the neighborhood association before being sent to property owners. 7. Walnut The roof is being fixed on the Walnut Baptist Church while Habitat for Humanity looks for a buyer. Dornoff noted that the commission website has links to articles about the creative reuse of church buildings. Discussion Items/Possible Action Items 1. HPC Awards Banquet Dornoff noted that the packet included a tentative program for the awards banquet which will be held on May 14th. Dornoff noted that this will be the 15th annual awards banquet so he thought it would be good to honor previous award winners along with those selected for 2020. The awards banquet will once again be held at the Grout Museum. 2. School Art Project Ottesen discussed the project with David Deeds/JSA and they would be interested in supporting the project but need more information. Stevens said she is planning to get a copy of the flyers to school district the first week of January then hopefully have them back to be able to print them up and distribute them the last week of January. Stevens and Dornoff agreed that having a deadline of April 1st with the announcement of winners after the April meeting would work good. Discussion on the type of awards such as gift cards for the 1st, 2" d, and 3rd place winners and ribbons for all who participate. Also the award gift cards should go to something such as books that will benefit the students education. 3. Waterloo Most Endangered Buildings List 2020 Dornoff stated that he would like to have the nominations voted on at the March meeting so that he has time to prepare the list for the banquet. 4. Walking Tour Maps/ESRI Story board maps Dornoff should a video demonstrating the Story Board maps from ESRI and thought they would work well for creating walking tour maps. 5. Grants -3- Page 169 of 170 Dornoff stated that the Community Foundation Grants applications will be up soon so would like direction from the commission on what money to ask for what projects. 6. City Owned Properties/Demo List No Report 7. Dilapidated Housing Sub -Committee Dornoff noted that Morehouse and Hedrick volunteered to be on the committee. He will send out a Doodle pole after the first of the year to get a meeting time set up but it will be up to the subcommittee members to get subcommittee up and running. 8. Action Plan Dornoff said that he would like to see some changes to the goals as outlined in the agenda including separating achievement goals from habit (reoccurring) goals and went over some of the proposed changes. Election of Chairperson and Vice -Chairperson for the 2020 calendar year. Dornoff noted that the State Historic Preservation Office would like to see growth in leadership and new blood given the opportunity to lead commissions. Stevens stated that things have been going well for the commission recently and wants the commission to stay the course. Motion made by Stevens, seconded by Rohret nominate Ottesen as Chairperson and Morehouse as Vice -Chairperson. Motion carried unanimously. Other Discussion: None Adjournment Ottesen adjourned the meeting at 5:40p.m. Respectfully submitted, John Dornoff Planner I -4- Page 170 of 170